EB-5 Final Action Dates Effective Immediately
The EB-5 Immigrant Investor Regional Center Program has been reauthorized by the Consolidated Appropriations Act in 03/2022. EB-5 Regional Center petitions filed before 06/30/2021 have been resumed processing. According to the Department of State Visa Bulletin, EB-5 Final Action Dates in the May Visa Bulletin are effective immediately in April. As shown in the May Visa Bulletin, a "reserved" pool is created to reflect the new categories for qualified immigrants who invest in rural areas, high unemployment areas, and in infrastructure projects. For Filing and Final Action Dates in the reserved categories are current for all countries in 05/202. Under the new law, adjustment of status applications can be filed concurrently with EB-5 petitions. The For Filing and Final Action Dates for the unreserved Regional Center program are current for all other countries except China. China Final Action Date is 11/22/2015 and For Filing Date is 12/15/2015. The For Filing and Final Action Dates for unreserved Non-Regional Center EB-5 are current for all countries, including China, but China may expect wait time in this category as early as 06/2022. Employment-based Final Action and For Filing Dates have slight advancements. The USCIS has announced it will still honor the “Dates for Filing” for all the employment-based Adjustment of Status applications. The EB-2 and EB-3 Dates for Filing for countries except China and India are still current, and EB-1 is current for all the countries. The details are as below:
Cut-off Dates of EB-1: China and India remain “current”.
Cut-off Dates of EB-2: China For Filing Date remains unchanged on 04/01/2019 and India For Filing Date has moved forward to 12/01/2014 (3 months). EB-2 Final Action Date for China remains unchanged on 03/01/2019, and that of India has moved forward to 09/01/2013 (2 months). If you are in the U.S. waiting to submit EB-2 Adjustment of Status applications, please refer to the “For Filing” dates.
Cut-off Dates of EB-3: China and India For Filing Dates remain unchanged on 04/01/2018 (China) and 01/22/2012 (India). China and India Final Action Dates remain unchanged on 03/22/2018 (China) and 01/15/2012 (India). If you are in the U.S. waiting to submit EB-3 Adjustment of Status applications, please refer to the “For Filing” dates.