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The April 2025 Visa Bulletin has been released with a mixture of good and bad news for EB-5 investors. Join Investment Immigration Conversations on March 26 at 2 pm ET to further discuss this update and the latest on the Gold Card.
In good news, for investors who have not yet filed, the set aside categories for everyone are still current, as is the worldwide unreserved category.
However, there was significant retrogression for Chinese and Indian investors in the unreserved category in Chart A, the Final Actions Chart. The retrogression is 905 days for Chinese investors and 792 days for Indian investors in the unreserved category.
Chart A, the Final Actions Chart, is used by the U.S. State Department to determine who may be allocated a visa number that month. USCIS is also using Chart A in April to determine if an adjustment of status application can be filed in April. The Final Action Date in Chart A for April 2025 shows EB-5 visa number allocation is only available for investors with a priority date earlier than January 22, 2014 for China-mainland born EB-5 investors and November 1, 2019 for Indian born EB-5 investors, respectively.
For investors who had a priority date current under the March 2025 Visa Bulletin (priority date earlier than July 15, 2016): You may still file an adjustment of status application by March 31, 2025. Doing so will allow your adjustment of status application will remain pending, allowing you to continue to apply for work and travel authorization. For consular processing investors, you may still be issued an EB-5 visa until March 31, 2025. Every attempt should be made to attend visa interviews scheduled in March 2025.
For new investors: You may keep filing concurrent adjustment of status applications at least through the end of April if you invest in an EB-5 project in the set aside categories of rural, high unemployment, or infrastructure.
We at CLP are closely monitoring the Visa Bulletin movements for our EB-5 clients. Please contact us to determine what these visa date movements mean for your project and case.
Visa Bulletin Vocabulary
“Current” or “C” – when a category is denoted “Current” or “C” on the Visa Bulletin, it means that there is visa availability in the reporting month for that category.
“Final Action Date” – the “final action date” (FAD) reported on the Visa Bulletin indicates that a case in that category whose priority date is earlier than the final action date is authorized for visa issuance. Practically speaking, it means that a qualified case whose priority date is earlier than the published date can be issued an EB-5 visa. “Immediate visa availability” is another term used to denote that the priority date is current or is earlier than the final action date. The “final action date” was previously called the “cut off date,” and is still so referred today.
“Dates for Filing Visa Applications” – the “dates for filing” (DFF), also referenced by some as “Chart B” on the Visa Bulletin indicate when applicants may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.
If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow using the Dates for Filing chart. Otherwise, Final Action Dates chart determines when an EB-5 investor may file adjustment of status applications.
“Priority Date” – the priority date is the filing date on the immigrant visa petition – in our context, the Form I-526/E. It is reflected in the I-526/E receipt as well as approval notices.
CLP EB-5 Visa Numbers Resources:
January 2025 Visa Bulletin Released: Visa Backlogs in EB-5 Set-Asides May Arrive in FY 2025
Overview of U.S. Visa System and EB-5 Visa Backlog Reduction Solutions
EB-5 Visa Numbers State of Play: Looking Ahead to FY 2025
Visa Bulletin Vocabulary
Material Change and the Visa Backlog
EB-5 RIA FAQs
Industry EB-5 Visa Numbers Resources:
Invest in the USA (IIUSA)
American Immigrant Investor Alliance (AIIA)
Lucid Blog (Suzanne Lazicki)
