John Burson  edited Monday, April 14, 2025

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US May 2025 Visa Bulletin: 7-Month Delay in EB-5 for Indian Applicants – What You Need to Know

7-Month Retrogression in EB-5 Visa for Indian Nationals: Impact, Alternatives, and What to Do Next

The U.S. Visa Bulletin is a crucial monthly publication by the U.S. Department of State that outlines the availability of immigrant visa numbers for various categories, including family-based and employment-based preferences. This bulletin plays a vital role in determining when applicants can move forward in the green card process, guiding both consular processing for applicants abroad and adjustment of status for those in the U.S.

For Indian nationals, the EB-5 Immigrant Investor Program has become a significant pathway to obtaining permanent residency. The EB-5 category allows foreign nationals to invest in U.S.-based businesses, creating jobs for U.S. workers, in exchange for a green card. This route has gained immense popularity among Indian applicants due to the lengthy wait times in other visa categories, like EB-2 and EB-3.

However, in the May 2025 Visa Bulletin, Indian applicants in the EB-5 category faced an unexpected setback: a 7-month retrogression. This change moves the Final Action Date for EB-5 applications back to May 1, 2019, significantly affecting those who had hoped to move forward in the process.

This post aims to clarify these changes, explain their impact on Indian applicants, and explore alternative options for those affected by this retrogression.

Why is the EB-5 Popular Among Indian Nationals?

The EB-5 Immigrant Investor Program has gained immense popularity among Indian nationals primarily due to the long wait times in other employment-based visa categories, such as EB-2 and EB-3. These categories, which are based on advanced degrees or professional skills, have experienced significant backlogs for Indian applicants, with priority dates often extending for many years. This has prompted many to explore the EB-5 program as a faster alternative, allowing them to bypass these delays through investment in U.S. businesses.

Additionally, the EB-5 program offers key benefits for Indian nationals considering long-term residency in the U.S. The ability to obtain a green card by making a qualified investment provides a direct path to U.S. permanent residency and offers the opportunity for family reunification, as spouses and children under 21 can also obtain green cards through the investor's petition. This makes it an attractive option for those seeking both financial growth through business opportunities and a stable life in the U.S.

Key Changes in the May 2025 Visa Bulletin

7-Month Retrogression in the EB-5 Category for Indian Nationals

In the May 2025 Visa Bulletin, Indian applicants in the EB-5 category faced a significant setback due to a 7-month retrogression. The Final Action Date for EB-5 India moved from November 2019 to May 1, 2019. This retrogression results from high demand from India, coupled with increased demand from other countries, leading to an oversubscription of the available EB-5 visas.

Implications for Applicants with Priority Dates After May 1, 2019

This retrogression means applicants with a priority date after May 1, 2019, are no longer eligible to receive their immigrant visas or adjustment of status until the Final Action Date progresses further. Applicants whose priority dates fall after May 1, 2019, will face delays in their ability to complete the final stages of their green card application process. This situation significantly impacts those who were hoping to have their applications processed sooner.

Comparison with Previous Visa Bulletins

Below is a comparison of the EB-5 Final Action Dates for Indian applicants in the previous months, highlighting the 7-month retrogression in the May 2025 Visa Bulletin:

Table: EB-5 Category Timeline for Indian Applicants

Month	EB-5 Final Action Date (India)
January 2025	January 1, 2020
February 2025	January 1, 2020
March 2025	January 1, 2020
May 2025	May 1, 2019

Why Did the Retrogression Happen?

Increased Demand from Indian Applicants

The retrogression in the EB-5 category for Indian nationals in the May 2025 Visa Bulletin is primarily due to the increased demand from India. Over the past few years, India has seen a surge in applicants seeking to invest in U.S. businesses under the EB-5 program. This influx of Indian applicants has significantly contributed to the backlog of available visas in this category. With the rising number of Indian nationals looking for faster immigration pathways, particularly in the face of long wait times in other visa categories (like EB-2 and EB-3), demand for EB-5 visas has far outpaced the available supply, leading to the retrogression of the Final Action Date.

The surge in applications has also been fueled by India’s growing number of high-net-worth individuals (HNWI), entrepreneurs, and professionals who seek the security and benefits of permanent U.S. residency. This demographic, looking for faster processing times compared to the other employment-based visa categories, has made the EB-5 program an increasingly popular option.

Rest of the World Demand and its Impact

While the high demand from India is the primary reason for the retrogression, it’s important to note that there is also significant interest in the EB-5 program from other countries, including China and Vietnam. These countries have historically contributed to high demand in the EB-5 category, further complicating the process. As the U.S. government attempts to balance visa allocations, applicants from these countries, along with the increased demand from India, have caused an overall oversubscription of the available EB-5 visas. This oversubscription results in the retrogression of the Final Action Date, as the U.S. Citizenship and Immigration Services (USCIS) and the Department of State work to manage the influx of applicants.

U.S. Government Response to Manage Demand

The U.S. government’s response to this high demand has been to implement measures to manage oversubscription in the EB-5 category. The number of EB-5 visas is capped annually, and when demand exceeds the available visas, the U.S. government adjusts the Final Action Dates to control the flow of applicants. Retrogression is one of the tools used to limit the number of applicants who can be processed in a given fiscal year.

To ensure that the annual visa cap is not exceeded, the government continually monitors the demand for EB-5 visas. When demand is excessive, as it is in the case of India, retrogression is applied to slow the pace of applications being processed. This strategy helps to ensure that the total number of applicants does not surpass the maximum allowed under the Immigration and Nationality Act (INA).

Actions Taken to Ensure Visa Numbers Don’t Exceed the Annual Limit

The U.S. government employs a process of numerical control in the issuance of immigrant visas. This process involves tracking the number of EB-5 visas issued and making adjustments as needed to ensure the limits are adhered to. Retrogression of the Final Action Dates is one of the primary ways to manage the oversubscription. When the demand for EB-5 visas is high, as it currently is for India, the Department of State retrogresses the Final Action Dates to hold off further approvals until the demand stabilizes.

Additionally, the U.S. government can take other measures, such as utilizing the “Dates for Filing” chart, which allows applicants to submit their documentation earlier while waiting for the Final Action Date to become current again. However, this does not guarantee immediate issuance of the visa but helps manage the overall flow of applicants.

Impact on Indian Applicants and Available Options

Immediate Impact of Retrogression

The 7-month retrogression in the EB-5 category for Indian nationals, as seen in the May 2025 Visa Bulletin, has significant implications for those already in the pipeline. Applicants who had hoped to see their applications processed sooner will now face longer wait times. For those who have already made the required investments in U.S. businesses, this retrogression delays the green card process, meaning they will not be able to move forward with their application until the Final Action Date progresses again.

This delay not only affects the applicants but also their family members, as spouses and children under 21 are also waiting for their visas. For individuals who have already committed a substantial amount of capital and are eagerly waiting for a green card, this shift in timelines can be frustrating and cause uncertainty regarding the future.

Applicants Who Have Made Investments and Their Options Moving Forward

For applicants who have already invested in U.S. businesses under the EB-5 program, the retrogression presents a challenging situation. They will need to wait until the Final Action Date moves forward again before they can complete their application and receive their green cards.

However, there are still a few potential options to consider:

• Alternative Visa Categories
  Applicants could explore other visa categories, such as EB-2 or EB-3, if they meet the eligibility requirements. These categories might have shorter wait times for Indian nationals.
• Maintaining Investment
  While the delay impacts the visa processing, the investment made under the EB-5 program typically remains secure. Applicants may continue to benefit from the business growth and other advantages of their U.S.-based investments during the waiting period.

What Indian Applicants Can Do Now

Check Your Priority Date

The first step for any EB-5 applicant affected by the retrogression is to check their priority date. The priority date determines when an applicant is eligible to move forward with the green card process. Applicants should verify their priority date against the current Final Action Date in the Visa Bulletin to see whether their application is still eligible to proceed or if they must wait longer.

Steps to check your priority date:

1. Find your priority date on your I-526 receipt notice.
2. Refer to the latest U.S. Department of State Visa Bulletin.
3. Compare your priority date with the listed Final Action Date for EB-5 India.

Consult with an Immigration Lawyer

Given the complexities of retrogression and the changing nature of immigration law, it’s crucial for applicants to consult with an immigration lawyer. A qualified immigration attorney can help you:

• Understand how the retrogression impacts your specific case.
• Explore potential options for adjusting your immigration strategy, such as applying under alternative visa categories like EB-2 or EB-3.
• Navigate the legal intricacies of waiting periods and adjustments in visa filing processes.

Stay Informed

It’s essential for applicants to stay updated with the latest Visa Bulletin announcements. Visa categories and availability can change, so consistently monitoring updates from the Department of State and the U.S. Citizenship and Immigration Services (USCIS) website will provide timely information regarding any further retrogression, movement of dates, or other changes to visa processing.

Key resources for staying informed:

• USCIS Visa Bulletin Page: For current updates and filing instructions.
• Department of State Visa Bulletin Page: For detailed monthly visa updates.
• Consultation with Immigration Experts: For personalized advice.

Possible Alternatives for Indian Applicants

Visa Category	Priority Date Status	Options for EB-5 Applicants
EB-2	January 1, 2013	Apply if eligible, consider National Interest Waiver (NIW) option.
EB-3	April 1, 2013	Small progression; options may exist for applicants with recent job offers.
EB-5	May 1, 2019	Retrogression; may need to wait or explore investment alternatives.

Comparing EB-5 with Other Employment-Based Visa Categories

EB-1 and EB-2 Categories

• EB-1: The EB-1 category remains current for most countries except India, with a priority date of February 2022 for Indian applicants. This means that EB-1 applicants from India are still subject to a long wait, but they are not facing retrogression like those in the EB-5 category.
• EB-2: India’s EB-2 category remains stuck at January 2013. While it is not directly impacted by the retrogression in the EB-5 category, applicants in this group still face long delays due to the high demand.

Impact of Retrogression in EB-5 on These Categories

The retrogression in EB-5 for Indian nationals highlights the challenges posed by the demand for visas in high-priority countries like India. As a result, many applicants may consider shifting their focus to other employment-based visa categories such as EB-2 or EB-3. While these categories may have different timelines and requirements, they provide alternative pathways for applicants seeking U.S. permanent residency.

EB-3 Category

For EB-3 India, there has been a slight progression, with the Final Action Date moving forward by two weeks to April 15, 2013. This modest movement presents an opportunity for those in the EB-3 queue who may be affected by the EB-5 retrogression. While the wait times are still long, this shift provides a potential alternative for applicants who may be eligible for EB-3 through a job offer or employer sponsorship.

Potential Future Changes to the EB-5 Program

Proposed "Gold Card" Visa for Wealthy Investors

The U.S. government has proposed a new “Gold Card” visa, which would require a $5 million investment from foreign nationals. This proposal is aimed at attracting wealthy investors who can contribute significantly to the U.S. economy, with a focus on rural, high-unemployment, and infrastructure development areas. The Gold Card would likely provide a faster pathway to U.S. permanent residency compared to the traditional EB-5 investment, but the investment requirement is considerably higher.

This new program may alter the dynamics of the EB-5 category by making the process more selective and potentially reducing the waiting time for certain applicants who meet the Gold Card requirements.

How This New Program Might Affect the Availability of EB-5 Visa Numbers and Overall Waiting Times

If the Gold Card program is approved, it could impact the overall availability of EB-5 visa numbers by reducing demand in the standard EB-5 category. However, since the Gold Card will require a higher level of investment, it may only be accessible to a smaller group of applicants, which could balance the demand more evenly and potentially shorten wait times for the standard EB-5 applicants.

Calls for Reform of EB-5 Visa Allocation

There has been growing advocacy for reforming the EB-5 program to address per-country caps and retrogression. These reforms could include measures such as:

• Eliminating or adjusting the per-country cap to allow countries with high demand, like India, to receive a larger share of the available visas.
• Increasing the number of EB-5 visas issued annually to accommodate growing global demand.

Such reforms could significantly reduce the waiting times for Indian applicants and provide a more equitable distribution of visas across all countries.

Conclusion: Explore Your Options and Get Started with EB-5 Investment Today

The May 2025 retrogression in the EB-5 category has created challenges for many Indian applicants. Still, it also opens up opportunities to explore alternative visa categories or consult with immigration experts to navigate the changes. With ongoing reforms and new pathways like the proposed Gold Card visa, the landscape is evolving.

If you're an Indian investor, the PaperFree EB5 Visa Program offers ongoing projects in the Rural Tea Category, a perfect opportunity to meet EB-5 requirements and start your journey toward U.S. residency. Book a free consultation today with our investment and EB-5 visa experts to explore your options and get personalized guidance on securing your future in the U.S.

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