ARTICLE
16 April 2024

April 2024 Visa Bulletin Updates For The EB-5 Category

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Greenberg Traurig, LLP

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On March 8, 2024, the U.S. Department of State (DOS) published the April 2024 Visa Bulletin. The April 2024 Visa Bulletin reflects no advances in final action dates for India and China.
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On March 8, 2024, the U.S. Department of State (DOS) published the April 2024 Visa Bulletin. The April 2024 Visa Bulletin reflects no advances in final action dates for India and China. Specifically, the priority dates are as follows:

  • EB-5 Unreserved categories (Pre-RIA): C5, T5, I5 and R5 (cases filed prior to the EB-5 Reform and Integrity Act of 2022 enacted on March 15, 2022):
    • China: remains December 15, 2015;
    • India: remains December 1, 2020; and
    • All Other Countries, including Mexico and Philippines remain current.
  • EB-5 Rural, High Unemployment, and Infrastructure remain current for all countries.

As a background, the DOS Visa Bulletin summarizes the availability of immigrant numbers and releases Dates for Filing Applications and Final Action Dates charts monthly. U.S. Citizenship and Immigration Services (USCIS) confirms which chart applicants must use for purposes of filing their Adjustment of Status Application. For April 2024, USCIS confirmed that all employment-based preference categories must use the Final Action Dates chart.

The chart below published in the April 2024 Visa Bulletin shows the final action dates for the EB-5 employment-based cases. The priority date is the date of filing of Form I-526 and final action date noted as "C" indicates that the priority date is current, which means the immigrant visa number is available immediately. Individuals with a priority date that is before the published priority date and with the priority date indicated as "current" may file an Adjustment of Status application.

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