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Jonh   John Burson 
edited Tuesday, July 22, 2025
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EB-5 August 2025 Visa Bulletin: China & India See Major Priority Date Advances in Unreserved Category

Key Takeaways from the August 2025 Visa Bulletin & What it means for EB5 Investors

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August 2025 Visa Bulletin: Key Takeaways

  • China EB-5 Unreserved: Major advancement to December 8, 2015 (final action date) and October 1, 2016 (filing date)
  • India EB-5 Unreserved: Significant progress to November 15, 2019 (final action date) and April 1, 2022 (filing date)
  • All Set-Aside Categories: Remain "Current" across all countries - Rural (20%), High Unemployment (10%), and Infrastructure (2%)
  • Lower Demand: State Department cites unexpectedly low visa number usage, creating advancement opportunities
  • Spillover Numbers: India benefits from unused family-sponsored preference numbers falling to employment-based categories
  • Strategic Timing: Improvements suggest sustainable progress as FY 2025 approaches its end (September 30, 2025)
  • Processing Momentum: First significant positive movement in months signals improved visa availability for backlogged investors

Key Highlights for EB-5 Investors

The August 2025 Visa Bulletin brings encouraging news for EB-5 investors, particularly those from China and India. After months of regression, both countries have seen significant advances in the EB-5 Unreserved category, signaling improved visa availability and processing momentum.

EB-5 Final Action Dates - August 2025

Category Rest of World China India Mexico Philippines
EB-5 Unreserved December 8 Dec 8, 2015 Nov 15, 2019 Current Current
EB-5 Rural (20%) Current Current Current Current Current
EB-5 High Unemployment (10%) Current Current Current Current Current
EB-5 Infrastructure (2%) Current Current Current Current Current

EB-5 Filing Dates - August 2025

Category Rest of World China India Mexico Philippines
EB-5 Unreserved CuOctober 1 Oct 1, April 1 Apr 1, 2022 Current Current
EB-5 Rural (20%) Current Current Current Current Current
EB-5 High Unemployment (10%) Current Current Current Current Current
EB-5 Infrastructure (2%) Current Current Current Current Current

China's Remarkable Recovery

The most striking development in the August bulletin is China's advancement in the EB-5 Unreserved category. The final action date has been moved forward to December 8, 2015, representing a substantial improvement from previous months. According to the official State Department bulletin, this advancement comes after the expected high demand for Rest of World numbers did not materialize to the anticipated degree.

What This Means for Chinese Investors

Chinese investors with priority dates earlier than December 8, 2015, can now proceed with their final immigration steps. The filing date has also advanced to October 1, 2016, allowing investors with priority dates before this date to submit their adjustment of status applications, if USCIS permits the use of filing dates.

India Sees Continued Progress

India's EB-5 Unreserved category has seen a significant improvement as of November 15, 2019, reflecting the State Department's strategic use of unused family-sponsored preference numbers, which are being reallocated to employment-based categories under INA Section 202(a)(2).

Strategic Implications for Indian Investors

This advancement provides hope for Indian EB-5 investors who have been waiting for several years. The filing date advance, 1 April 1 2022, is particularly noteworthy, potentially allowing thousands of Indian investors to move forward in the process.

Set-Aside Categories Remain Current

All three EB-5 set-aside categories continue to show "Current" status across all countries:

  • Rural Areas (20% set-aside): Remains current, offering the fastest path to permanent residence
  • Targeted Employment Areas - High Unemployment (10% set-aside): Current status maintained
  • Infrastructure Projects (2% set-aside): Continues to be current

This stability in set-aside categories reinforces their strategic advantage for new EB-5 investors seeking shorter processing times.

Key Factors Behind the Improvements

1. Lower Than Expected Demand

The State Department specifically noted that EB-5 numbers have not materialized to the degree expected, creating opportunities for advancement.

2. Spillover Numbers

India's advancement is directly attributed to unused family-sponsored preference numbers being reassigned to employment-based categories, including EB-5 Unreserved.

3. Fiscal Year 2025 Dynamics

With FY 2025 well underway, the Department is working to maximize visa number utilization before the fiscal year-end on September 30, 2025.

Investment Strategy Considerations

For Prospective Investors

  1. Set-Aside Categories: Continue to offer the most predictable path with current priority dates
  2. Country of Chargeability: Consider the long-term implications of country-specific backlogs
  3. Project Selection: Rural and TEA projects provide regulatory advantages and shorter wait times

For Current Investors

  1. Document Preparation: Investors whose priority dates are now current should immediately prepare final documentation
  2. Consular Processing: Those abroad should coordinate with the National Visa Center for interview scheduling
  3. Adjustment of Status: U.S.-based investors should monitor USCIS announcements regarding filing date usage

Looking Ahead: September Projections

The August bulletin doesn't provide specific guidance for September EB-5 movements, but the positive momentum suggests continued stability. However, investors should note the State Department's cautionary language about potential category unavailability if annual limits are reached.

Regional Center Program Status

The EB-5 Regional Center Program continues to operate under its reauthorized framework, with enhanced compliance requirements and integrity measures established under the EB-5 Reform and Integrity Act of 2022. The set-aside categories created under the RIA Act continue to demonstrate their effectiveness in reducing processing times.


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Conclusion

The August 2025 Visa Bulletin marks a significant milestone for EB-5 investors, particularly those from China and India. The considerable advances in priority dates, combined with the continued current status of set-aside categories, create multiple pathways for EB-5 investors to achieve their immigration goals.

For investors currently in the pipeline, this bulletin provides renewed optimism and concrete timelines for case completion. For prospective investors, the data reinforces the strategic advantage of set-aside categories, while also demonstrating that even unreserved category investors can achieve meaningful progress.

The EB-5 program's resilience and the State Department's active management of visa number allocation continue to make it one of the most viable investment-based immigration pathways available to qualified investors worldwide.


This analysis is based on the official August 2025 Visa Bulletin published by the U.S. Department of State. Investors should consult with qualified immigration attorneys for case-specific guidance.

 
 
 
EB-5 August 2025 Visa Bulletin: China & India See Major Priority Date Advances in Unreserved Category

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