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The 2025 U.S. Visa Bulletin has introduced a significant retrogression in the EB-5 Immigrant Investor Program for Indian applicants, causing notable delays in green card processing.
What Is EB-5 Retrogression?
Visa retrogression occurs when the demand for a particular visa category exceeds its annual quota, prompting the U.S. Department of State to move the "Final Action Date" backward. This means that only applicants with priority dates earlier than the new cutoff are eligible for visa issuance.
Impact on Indian Applicants
For Indian nationals in the EB-5 Unreserved category, the Final Action Date has retrogressed by over two years—from January 1, 2022, to November 1, 2019. Consequently, Indian investors with priority dates after November 1, 2019, will experience extended waiting periods before they can proceed with their green card applications .
Reasons Behind the Retrogression
The retrogression is primarily attributed to:
• Increased Demand: A surge in EB-5 applications from India and China has led to higher visa usage.
• Per-Country Limits: U.S. immigration law imposes a 7% cap on the number of visas issued to nationals of any single country in a given category.
• Global Interest: Rising interest from applicants worldwide has further strained the EB-5 visa numbers .
Broader Implications
This development may prompt Indian investors to:
• Reevaluate Investment Plans: Extended wait times could affect the feasibility and attractiveness of the EB-5 program.
• Explore Alternative Visa Options: Categories like EB-1 or EB-2 might offer more favorable timelines, depending on individual qualifications.
• Monitor Policy Changes: Stay informed about potential reforms or new programs that could impact immigration strategies.
One such proposed alternative is the "Gold Card" program, introduced by President Trump. This initiative suggests granting U.S. residency to wealthy individuals in exchange for a $5 million investment, aiming to replace the existing EB-5 program. However, this proposal is still in its early stages and would require Congressional approval to be implemented .
Next Steps for Applicants
• Stay Updated: Regularly check the U.S. Visa Bulletin for changes in Final Action Dates.
• Consult Immigration Experts: Seek professional advice to navigate the complexities of visa categories and make informed decisions.
• Plan Accordingly: Adjust timelines and expectations based on the current immigration landscape.
The retrogression underscores the importance of proactive planning and staying informed about immigration policies to effectively manage the path to U.S. permanent residency.
