E-Paper
Big blow for Green card, H-1B hopefuls in May 2025 visa bulletin; no relief offered
The US Department of State released its Visa Bulletin for May 2025 and the latest updates are not positive for Indian H-1B and Green card hopefuls
The US Department of State released its Visa Bulletin for May 2025 and the latest updates are not positive for Indian H-1B and Green card hopefuls. The bulletin mentions significant retrogression in the employment-based fifth preference (EB-5) category for Indians. India will face a retrogression in the EB-5 Unreserved category, moving backward by over six months to May 1, 2019. China, on the other hand, remains on January 22, 2014.
Here is a summary of the May Visa Bulletin
Employment-Based, First Preference (EB1) Category
There is no change in the EB1 category. The EB1 cutoff date for India remains at February 2, 2022. EB1 for China is on November 8, 2022. The EB1 category remains current for all other countries.
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Employment-Based, Second Preference (EB2) Category
There is also no change in the EB2 category, with India’s cutoff date holding still at January 1, 2013. China’s EB2 cutoff is still set at October 1, 2020. The EB2 cutoff date for all other countries remains unchanged at June 22, 2023.
Employment-Based, Third Preference (EB3) Category
In the EB3 category, India’s cutoff date inches forward to April 15, 2013. There is no movement for China, which keeps its cutoff date of November 1, 2020. The EB3 cutoff dates for all other countries of chargeability holds still at January 1, 2023.
EB3 Other Workers
In the EB3 other workers category, India’s cutoff date matches its EB3 counterpart at April 15, 2013. For China, the cutoff date remains set at April 1, 2017. The EB3 other workers cutoff date for all other countries of chargeability remains unchanged at May 22, 2021.
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Employment-Based, Fourth Preference (EB4) Category
The EB4 category remains set to “unavailable” for all countries of chargeability. All immigrant visas in this category for the current fiscal year have been used. Accordingly, it presumably will remain unavailable until the new fiscal year begins on October 1, 2025.
Employment-Based, Fifth Preference (EB5) Category
In the EB5 category, India’s unreserved cutoff date retrogresses further to May 1, 2019. China’s unreserved cutoff date holds steady at January 22, 2014. EB5 remains current for all other EB5 categories and countries of chargeability.
USCIS Application Acceptance: The U.S. Citizenship and Immigration Services (USCIS) will accept employment-based adjustment of status applications from foreign nationals with a priority date earlier than the Final Action Dates listed in the May Visa Bulletin.
| Category | India | China | All Other Countries |
|---|---|---|---|
| EB-1 | February 2, 2022 | November 8, 2022 | Current |
| EB-2 | January 1, 2013 | October 1, 2020 | June 22, 2023 |
| EB-3 | April 15, 2013 | November 1, 2020 | January 1, 2023 |
| EB-3 Other Workers | April 15, 2013 | April 1, 2017 | May 22, 2021 |
| EB-4 | Unavailable | Unavailable | Unavailable |
| EB-5 (Unreserved) | May 1, 2019 | January 22, 2014 | Current |
Understanding the Visa Bulletin:
- The Dates for Filing section specifies the earliest date applicants can submit their adjustment of status or immigrant visa applications.
- The Final Action Dates estimate the wait time for application approval, leading to permanent residency.
How does EB-5 retrogression impact Green Card hopefuls?
The retrogression in the EB-5 Unreserved category for India, moving back to May 1, 2019, significantly impacts green card hopefuls because it extends wait times for permanent residency. Previously current, the category allowed Indian investors to apply for green cards without delay if they invested in qualifying US projects. Now, only those with priority dates before May 1, 2019, can proceed, leaving later applicants stuck in a growing backlog. With EB-5’s annual visa cap at roughly 9,800 globally and India’s share limited by per-country caps (7% of employment-based visas), high demand creates bottlenecks.
