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The August 2025 Visa Bulletin may bring welcome news for EB-5 investors from China and India. After months of minimal advancement, final action dates (Chart A in the bulletin) for the unreserved EB-5 category have moved forward, unlocking visa availability during the final two months of the fiscal year 2025.

As reported in the August 2025 Visa Bulletin, the Department of State (DOS) has advanced the final action dates for China EB-5 unreserved to Dec. 8, 2015, and for India EB-5 unreserved to Nov. 15, 2019. The visa bulletin also says: “[rest of world] EB-5 number use has not materialized to the degree that was expected.” Since the rest of the world (ROW) demand remained low, visas were underutilized in the EB-5 unreserved category, potentially benefiting countries like China and India that are ready to absorb the additional unreserved EB-5 visas. As a result, the DOS is now reallocating these visas to high-demand countries like mainland China and India.

The EB-5 program continues to respond to global demand patterns. With ROW demand down, extra EB-5 visas are now flowing to China and India – offering an opportunity for investors from these countries to move forward in the queue.

As the 2024 federal fiscal year concludes, the U.S. Department of State (DOS) has released its highly anticipated October 2024 visa bulletin, ushering in the start of federal fiscal year 2025 and, with it, new immigrant visa numbers. For intending immigrants with backlogged priority dates, the annual influx of new immigrant visa numbers often offers at least some advancement in government processing or, ideally, the opportunity to become “current” for immigrant visa or green card processing. 

Digging deeper into the fifth preference (EB-5) categories, as anticipated in our July 2024 post, EB-5 immigrant visas remain available worldwide in the set-aside categories created under the EB-5 Reform and Integrity Act (RIA) of 2022. To recap briefly, of the 10,000 EB-5 visas available for issuance annually, the RIA created the following visa “set asides:”

  • 20% are reserved for qualified immigrants who invest in a rural area;
  • 10% are reserved for qualified immigrants who invest in a “targeted employment area” (TEA), which meets the requirements that apply to areas of high unemployment (unemployment rate of at least 150% of the U.S. national average); and
  • 2% are reserved for qualified immigrants who invest in infrastructure projects.

Immigrant visas based on approved I-526E Petitions that meet the requirements for the above set-aside categories remain “current” for processing, regardless of the applicant’s country of birth. This also means that EB-5 applicants in the U.S. with a pending or approved I-526E Petition based on an investment in the set-aside categories may concurrently file for adjustment of status (AOS) and related work and travel permits (“EAD/AP”). Likewise, for set-aside EB-5 applicants awaiting processing abroad, continued availability of immigrant visas keeps the path to visa issuance clear. Accordingly, applicants can obtain their visas after satisfying the National Visa Center’s documentary and eligibility requirements and completing the immigrant visa interview.

For EB-5 applicants qualifying based on pre-RIA or “unreserved” immigrant visa petitions (i.e. not eligible for the above set-aside categories), the visa bulletin similarly remains current for applicants born in most countries. The persistent exception is for applicants born in mainland China or India and applying based on an EB-5 investment in the unreserved category (as noted above, set-aside investments remain current worldwide, including for applicants born in China or India). Applicants born in mainland China or India remain backlogged due to demand outpacing the available supply. The visa bulletin displayed considerable progression in these categories under Chart A, or dates “for final action” (i.e. eligible for immigrant visa issuance by DOS once all requirements met):

  • EB-5 China, Unreserved: advances 7 months, to 15 July 2016
  • EB-5 India, Unreserved: advances 13 months, to 1 January 2022

The advancements reported under Chart A, however, are somewhat tempered by Chart B.  Specifically, Chart B reports stagnation or retrogression in connection with the government’s dates “for filing” for applicants born in mainland China or India. Briefly, the dates for filing chart reflects priority dates eligible for filing of Form I-485 in the United States, depending on government determination as to whether to utilize this chart, which is announced monthly, shortly after visa bulletin release. The specific updates in these categories under Chart B include:

  • EB-5 China, Unreserved: retrogresses 3 months, to 1 October 2016
  • EB-5 India, Unreserved: no movement, remains at 1 April 2022

Because the USCIS will rely on Chart B in October 2024, the lack of advancement in the EB-5 categories above means that many applicants may still be unable to progress to the next step of their green card process, including filing Form I-485, despite the promise of a new federal fiscal year. That said, applicants should keep in mind that transitioning into a new fiscal year often requires DOS to adjust available immigrant visas based on over-subscription that may have occurred at the end of the preceding year, when most immigrant visa numbers exhaust availability worldwide.  

Key takeaways for EB-5 investors from the October 2024 visa bulletin:

  • As was the case in our July update, a record number of EB-5 visas are available to applicants in both the high unemployment and rural area set-aside categories at the outset of FY 2025, regardless of country of birth.
  • Applicants eligible under the RIA set-aside categories may, regardless of country of birth, continue to concurrently file I-526E petitions and AOS applications in October 2024.

For unreserved EB-5 investors born in mainland China or India, while the October 2024 visa bulletin displays stagnation or retrogression in Chart B, the advancements in Chart A offer some hints of future progression. Importantly, unreserved EB-5 immigrant visa processing can continue at consulates worldwide beginning October 1, 2024.

By statute, the Office of the Citizenship and Immigration Services Ombudsman submits an Annual Report to Congress by June 30 of each year. The Office of the Ombudsman’s Annual Report provides a summary of the most pervasive and serious problems encountered by individuals and employers applying for immigration benefits with U.S. Citizenship and Immigration Services (USCIS) and reviews past recommendations to improve USCIS programs and services.

The Office of the Ombudsman’s 2021 Annual Report details that the pandemic compounded USCIS’ already-strained processing and fiscal situation, with the agency now experiencing backlogs of applications and petitions “at record levels,” as well as drastically reduced “customer service functions.” The aforementioned is in most part due to temporary office closures, reduced staffing, and lack of end-to-end electronic processing capabilities for many benefit types. Near-total shutdown of the agency’s offices in March 2020 also significantly affected already-low receipts and fee revenue insufficient to cover operating costs and led to mass cancellation of in-person interviews, biometrics appointments, and oath ceremonies.

The Office of the Ombudsman’s 2021 Annual Report details that USCIS field offices were only gradually reopened at limited capacity—with reduced services and fewer staff—starting in June 2020. All USCIS field offices were open by October 2020 but were offering services at only about 50% capacity at that time. As a result, backlogs and processing times grew substantially throughout 2020. Due to temporary office closures and reduced staffing, USCIS cancelled roughly 280,000 interviews at the start of the pandemic. But the agency lacked the staff to reschedule all of these interviews in a timely fashion because, even after reopening, application support centers were operating at 65% or 70% capacity at best. According to USCIS statistics, approximately seven million applications and petitions were pending as of March 31, 2021. Additionally, the report states that the agency’s backlog was significantly exacerbated for two reasons: first, applicants and petitioners rushed to file before a proposed fee increase was due to take effect Oct. 2, 2020 (although the increase was never actually implemented); and second, after the new fiscal year began on Oct. 1, 2020, thousands of applicants filed all at once when their priority dates became current. Since USCIS offices were still operating at reduced staffing levels during October 2020, there were not enough personnel to process all the new applications and petitions.

The Office of the Ombudsman’s 2021 Annual Report makes a number of recommendations as to how the agency can best work through its backlog, first recommending that the agency not rely entirely on fees to fund its operations, as fees are inherently unpredictable. The report recommends some combination of fee revenue and congressionally appropriated funding to enable the agency to effectively improve operational deficiencies. The Biden administration agrees that USCIS requires additional funding, and President Biden’s first budget allotted $350 million to USCIS for backlog reduction purposes. On June 30, 2021, the House Appropriations Committee approved the fiscal year 2022 Homeland Security funding bill, which included $474.5 million for USCIS, an increase of $346.7 million above the fiscal year 2021 enacted level. However, until this bill is passed, USCIS may struggle to resolve its backlogs and processing time delays. The Office of the Ombudsman’s 2021 Annual Report also details that USCIS has made strides in expanding online filing and digital adjudications, but its goal of an end-to-end electronic strategy has yet to be fully achieved.

The State Department recently published the July 2021 Visa Bulletin. In the July 2021 Visa Bulletin, the final action priority date for EB-5 Vietnam moved forward significantly to April 1, 2020. This means that an EB-5 investor born in Vietnam who filed an I-526 Petition on or before March 31, 2020, may have a visa number immediately available on July 1, 2021, and can process for a conditional green card upon I-526 Petition approval. This significant advance will make the majority of all pending and approved I-526 petitions for investors born in Vietnam “current,” meaning there is no visa backlog.

July 2021 Visa Bulletin

Importantly, the EB-5 Regional Center program is set to expire on June 30, 2021, and therefore the “5th Regional Center (I5 and R5) currently says “U” for unavailable.  Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the Regional Center program until June 30, 2021. The Visa Bulletin states that EB-5 immigrant visas based on an approved I-526 Petition affiliated with a regional center may be issued until close of business on June 30, 2021, and may be issued for the full validity period. No EB-5 immigrant visas may be issued overseas, or final action taken on adjustment of status cases, after June 30, 2021, until the EB-5 Regional Center program is reauthorized by Congress.

On May 31, the Congressional Hispanic Caucus announced, “Following CHC Request, GAO Agrees to Open Investigation into Record-Breaking Immigration Case Backlog at USCIS,” in which Chairman Castro stated the following:

My colleagues in the Hispanic Caucus and I look forward to reviewing GAO’s findings. We must ensure that USCIS is meeting its Congressional mandate and is adjudicating cases in a timely manner.

The full text of the U.S. Government Accountability Office letter can be found here.    

There has been increased dialogue on visa backlogs in recent weeks. See USCIS Responds to Bipartisan Senate Letter Regarding Case Processing Delays and USCIS Releases 2018 Statistical Annual Report

In May, EB-5 practitioners were unpleasantly surprised by a USCIS publication of dramatically increased adjudication times for I-526 petitions from 21 to 29 months to 29 to 45.5 months

The GAO estimates it will take five months to assemble the required team to conduct the analysis. In the interim, to engage in this process, interested stakeholders can contact GAO through the team members cited in the congressional correspondence.

Please check back, as updates on this and other matters are frequently posted.

On May 6, 2019, Charles Oppenheim, chief of the U.S. State Department Visa Control and Reporting Division, presented at the IIUSA Conference in Washington, D.C. on the state of visa backlogs for EB-5 immigrant visa applicants. Mr. Oppenheim reported on a number of important issues summarized in this blog.

Between approximately Oct. 1, 2018, and April 30, 2019, a total of 5,077 EB-5 immigrant visas were issued to applicants and their dependent family members for fiscal year (FY) 2019. In general, applicants born in mainland China used less visa numbers this year than the rest of the world, while applicants born in Vietnam and India have used 10% or more EB-5 visa numbers this fiscal year as compared to the last fiscal year. There are approximately 10,000 immigrant visas available for applicants in the EB-5 category each fiscal year.

Mainland China-Born Applicants

Applicants born in Mainland China have historically used most of the EB-5 visas. As a result, China has the longest wait time for an EB-5 visa. The State Department anticipates that around 3,660 “unused” visa numbers from FY 2019 will be made available to Mainland China-born applicants with the earliest priority dates.

Moreover, the State Department does not expect significant movement in the Visa Bulletin at the start of the next fiscal year for Mainland China-born investors. Mr. Oppenheim stated that the October 2019 Visa Bulletin will advance the priority date for Mainland China-born applicants to between Oct. 8-15, 2014. For those filing an I-526 Petition today, the expected wait time could be about 16 years. However, according to Mr. Oppenheim, the wait time for applicants who filed before May 6, 2019, is expected to be less.

Vietnam-Born Applicants

Mr. Oppenheim explained that Vietnam continues to be the country with the second highest EB-5 visa demand, behind Mainland China. In FY 2018, Vietnam used 7.2% of all EB-5 visas. In FY 2019, Vietnam is expected to use 10.7% of all EB-5 visas. Additionally, Vietnamese investors tend to have more derivative beneficiaries than other countries (which include a spouse and children under 21), and therefore less visa numbers are available overall for principal applicants. The State Department expects that the October 2019 Visa Bulletin will advance the priority date for Vietnam-born applicants to between Nov. 22, 2016 to Dec. 15, 2016. For new applicants filing an I-526 Petition today, the expected wait time could be approximately seven years, but Mr. Oppenheim was clear that this length of delay does not reflect the wait time for applicants who filed before May 6, 2019.

India-Born Applicants

Mr. Oppenheim expects to institute a cutoff date in the Visa Bulletin for the first time in July 2019 for applicants born in India, although this could occur in June 2019. If so, there will likely be an alert regarding this in the June 2019 Visa Bulletin. Accordingly, EB-5 visa applicants born in India with an approved I-526 Petition should take steps to expedite their case with the National Visa Center to have an interview scheduled and a visa issued as soon as possible. Likewise, India-born EB-5 visa applicants with an approved I-526 Petition who are in the United States in valid nonimmigrant status should take immediate action to file Form I-485.

Between July and September 2019, the State Department expects to retrogress immigrant visa availability to Indian-born EB-5 investors.; it is also expected that the October 2019 Visa Bulletin will advance the priority date for India-born applicants to between Summer 2017 and Fall 2017. For new applicants filing an I-526 Petition today, the expected wait time could be up to eight years, but Mr. Oppenheim was clear that this length of delay does not reflect the wait time for applicants who filed before May 6, 2019.

Rest of the World and Additional Information

The State Department indicated that all other countries will remain current through the end of FY 2019. Mr. Oppenheim made clear that any information provided is just an estimate of the backlog wait times, which cannot and do not account for all variables. Further, the Visa Bulletin predictions do not take into account I-526 Petition withdrawals or revocations, deaths, children aging out, and many other factors, all of which result in availability of immigrant visas to EB-5 applicants. Importantly, these predictions also do not take into account any changes that could happen through statute, new regulations, or other government action.

For more on visa backlog updates, click here.

Recent reports from the American Immigration Lawyers Association (AILA) indicate that the U.S. Department of State may be preparing a restructuring of visa processing operations across Africa, reducing the number of embassies and consulates authorized to process visa applications from approximately 50 posts to 20 regional “hub” locations. According to reports citing an internal State Department memorandum, the changes could be implemented as early as this month. The State Department  has not yet formally announced the policy, but the proposal reflects a broader trend of increased scrutiny, centralized adjudications, and reduced visa processing capacity that employers and foreign nationals have experienced over the past year. 

Why This Matters 

If implemented, applicants in countries without a designated visa-processing hub may be required to travel to another country for visa interviews and processing. Reports suggest that non-hub posts would continue providing services for U.S. citizens, emergency matters, diplomatic visas, and certain national-interest cases, but routine immigrant and nonimmigrant visa processing would be concentrated at designated regional locations. 

For employers, this development could create additional challenges when sponsoring employees for U.S. work visas.  Individuals seeking H-1B, L-1, O-1, E, and other employment-based visas may face: 

  • Longer wait times for visa appointments; 
  • Increased travel costs and logistical burdens; 
  • Additional visa appointment backlogs at designated hub posts; 
  • Greater uncertainty when planning international travel and onboarding timelines; and 
  • Potential disruptions for employees who require visa renewals while abroad. 

These challenges may be particularly important for multinational employers with operations throughout Africa, as visa processing may become concentrated in a limited number of regional locations. 

Visa Processing Becoming More Regionalized 

The reported changes are consistent with a larger pattern in global mobility and consular processing. Over the last several years, employers have increasingly encountered visa appointment shortages, post-specific processing restrictions, expanded security vetting, and shifting consular policies. Centralizing visa processing into regional hubs may allow the government to concentrate resources and standardize adjudications, but from the applicant’s perspective, this may result in additional planning, longer lead times, and less flexibility when urgent travel is required. For companies that rely on international talent, visa processing should be incorporated into workforce planning earlier in the immigration process rather than treated as a final administrative step after petition approval.  

Planning Ahead 

Although details remain limited and implementation timelines have not been officially confirmed, employers with employees or candidates located in Africa should begin evaluating the potential impact now. 

Practical steps may include: 

  • Identifying employees who may require visa stamping within the next 12 months; 
  • Building additional lead time into international assignments and transfers; 
  • Evaluating travel risks before employees depart the United States; 
  • Considering alternative personnel for business-related travel; and 
  • Monitoring further Department of State announcements regarding implementation of the proposed hub system. 

The practical impact of these changes may not be fully understood until the policy is operational. If the reported reduction in processing posts moves forward, it may increase processing complexity and travel burdens for many visa applicants across the continent. 

In this episode of the Greenberg Traurig’s Immigration Insights Podcast, host Kate Kalmykov is joined by GT colleagues Jen Hermansky and Michael Eisenstadt to analyze the USCIS Policy Memorandum issued on May 21, 2026, which represents a shift in how the agency intends to handle adjustment of status (AOS)—the process by which foreign nationals in the United States apply for a green card without leaving the country.

The memo reframes AOS as an “extraordinary benefit” subject to broad agency discretion, suggesting that most applicants should instead pursue consular processing at a U.S. embassy or consulate abroad. The panelists question whether this shift is operationally feasible given consulate understaffing, existing visa processing backlogs, and the ongoing pause on immigrant visa processing for nationals of 75 countries.

Their discussion covers the memo’s discretionary balancing test, its implications for a wide range of visa holders, and the tension between the memo’s guidance and existing statutory provisions that already permit AOS filings in many of the situations the memo treats as negative factors.

They share practical guidance including maintaining underlying nonimmigrant status, exercising caution around international travel for advance parole holders, and building documentation of economic and national interest arguments in support of pending or anticipated AOS filings.

Following an extended suspension tied to ongoing security conditions in the region, U.S. consular operations in Israel have resumed after the prior closure of the U.S. Branch Office in Tel Aviv and the pause in consular processing.

Nonimmigrant Visa Processing Updates

There are reports from attorneys that nonimmigrant visa processing has begun moving forward. Consular officials in Tel Aviv have communicated to various stakeholders that visa services have resumed, although detailed public guidance has not yet been posted on the U.S. Embassy’s website. Practitioners have also started receiving case‑specific communications regarding pending nonimmigrant visa matters, indicating that at least some consular officers have returned to work and are reviewing affected cases.

Immigrant Visa Processing Update Pending

At this time, the U.S. Embassy has not released any formal update regarding immigrant visa processing, including whether it is scheduling immigrant visa interviews or resuming routine processing. The Embassy has not released information regarding appointment availability, processing capacity, or anticipated timelines.

How Visa Applicants May Be Impacted

Applicants and employers with pending or planned visa matters involving the U.S. Consular Post in Israel may experience a phased or limited reopening. As operations resume, applicants may encounter backlogs, limited appointment availability, or prioritization of certain case types.

Applicants should consider:

  • Monitoring official U.S. Embassy announcements.
  • Watching for direct communication from the consular section regarding their specific case.
  • Preparing documentation in anticipation of possible interview scheduling.

Looking Ahead

Although consular operations have resumed, uncertainty remains regarding the specifics. Processing timelines and procedural details may continue to evolve.

The April 2026 Visa Bulletin reflects forward movement in both family‑based and employment‑based immigrant visa categories.

Factors Driving Advancement

Section D of the Department of State (DOS)’s bulletin indicates that advances across categories are linked to decreased immigrant visa issuance rates for nationals of certain countries impacted by Presidential Proclamations 10949 and 10998, as well as related updates to immigrant visa processing. This reduced demand has made additional visa numbers available for redistribution across other categories.

Family‑Based Immigration Updates

The April bulletin introduces broad advancement in both the Final Action Dates and Dates for Filing charts.

Notable highlights include:

  • F2A becomes current for all chargeability areas in the Dates for Filing chart, allowing immediate filing regardless of country of birth.
  • F1 advances by approximately six months worldwide in both filing and final action charts.
  • F2B, F3, and F4 categories show advances of three to six months for most countries.
  • Mexico and the Philippines continue to experience slower movement due to longstanding backlogs, though modest forward progression is still noted.

In the Final Action chart, movement remains positive but slightly more conservative, with F1 advancing by six months and F4 advancing by five months across most chargeability areas.

Employment‑Based Immigration Updates

Employment‑based categories show notable advancement, which DOS attributes to lower visa demand from the countries subject to administration‑imposed restrictions.

EB‑2

  • Worldwide, Mexico, and the Philippines become current in the Final Action chart.
  • India advances by nearly 10 months in Final Action and by about 2.5 months in Dates for Filing.

EB‑3 Skilled Workers and Professionals

  • Worldwide and Mexico advance eight months in the Final Action chart.
  • Both become current in the Dates for Filing chart.

Other Employment‑Based Categories

  • EB‑1 China and India advance by one month.
  • EB‑4 and Certain Religious Workers categories move forward by a full year for all countries.
  • EB‑3 Other Workers (China) advances by about two months.
  • EB‑5 Unreserved (China) shows minor forward movement.

Takeaways

While these changes present opportunities for earlier filing and case progression, DOS signals that the possibility of future retrogression remains. Stakeholders should continue to monitor future visa bulletins as the fiscal year progresses.