If you’re an Indian national waiting on your U.S. Green Card, the latest Visa Bulletin from the US Department of State for May 2025 has just dropped, and for many Indian H-1B holders and Green Card hopefuls, it’s bringing some less-than-cheery news.
Here’s a quick breakdown of the most important updates, explained in a natural, easy-to-digest format.
Major Setback for EB-5 Applicants
For those eyeing the US through the Employment-Based Fifth Preference (EB-5) category, particularly the unreserved route, brace yourselves. The bulletin reveals a significant retrogression for India. We’re talking about the cutoff date moving backward by over six months, landing at May 1, 2019.
Meanwhile, China’s EB-5 unreserved category remains at January 22, 2014. This means that if you’re an Indian investor in this category with a priority date after May 1, 2019, you’ll have to wait even longer to move forward with your Green Card application.
A Closer Look at Other Employment-Based Categories
So, what’s happening with the other categories for Indians, China and the rest of the world?
EB-1 (First Preference)
The EB-1 Visa is generally for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
The cutoff date for India remains February 2, 2022. No movement here. For China, it’s November 8, 2022. Good news for everyone else – the EB-1 category is still current.
- India: February 2, 2022 (no change)
- China: November 8, 2022
- Rest of World: Current
EB-2 (Second Preference)
EB-2 Visa typically requires an advanced degree or exceptional ability in the sciences, arts, or business. Similar story here, with India’s cutoff date holding steady at January 1, 2013. China’s is on October 1, 2020. For all other countries, it remains at June 22, 2023.
- India: January 1, 2013 (unchanged)
- China: October 1, 2020
- Others: June 22, 2023
EB-3 (Third Preference)
The EB-3 Visa is for skilled workers, professionals, and other workers. There’s a tiny bit of forward movement here for India, with the cutoff date inching ahead to April 15, 2013. China sees no change as of November 1, 2020. The rest of the world stays put on January 1, 2023.
- India: April 15, 2013 (slight movement forward)
- China: November 1, 2020
- Others: January 1, 2023
EB-3 Other Workers
Interestingly, India’s cutoff date here mirrors the regular EB-3 category on April 15, 2013. China’s is on April 1, 2017, and for all other countries, it’s still on May 22, 2021.
- India: April 15, 2013 (same as EB-3)
- China: April 1, 2017
- Others: May 22, 2021
EB-4 (Fourth Preference)
The EB-4 Visa covers special immigrants. But unfortunately, the EB-4 category is currently listed as “unavailable” for all countries. This is because all the immigrant visas for this fiscal year have been used up. It’s expected to remain this way until the new fiscal year kicks off on October 1, 2025.
- All Countries: Unavailable (until October 1, 2025, due to cap being reached)
EB-5 (Fifth Preference)
The EB-5 Visa is for investors who make the necessary investment in a US commercial enterprise and create or preserve a certain number of jobs.
- India (Unreserved): May 1, 2019 (retrogressed)
- China (Unreserved): January 22, 2014
- Others: Current
Why the EB-5 Retrogression Hurts Indian Investors
Until recently, Indian investors in the EB-5 program had it relatively good. With the Unreserved category marked as “current”, those investing in U.S. projects (typically $800,000–$1.05 million) could quickly move toward green card processing.
But now, only those who filed before May 1, 2019 can move forward. This change significantly increases wait times for new applicants.
What’s Causing the Backlog?
- High demand from Indian investors
- Per-country cap of 7% on employment-based visas
- Annual EB-5 limit of roughly 9,800 visas
Decoding the Visa Bulletin Lingo
What Do These Dates Mean for You? You might be scratching your head about “Dates for Filing” and “Final Action Dates.” Here’s the lowdown:
- Dates for Filing: This tells you the earliest date you can submit your application for adjustment of status or an immigrant visa.
- Final Action Dates: Think of this as an estimate of when your application might finally get approved, leading to that coveted permanent residency.
The U.S. Citizenship and Immigration Services (USCIS) has mentioned that they will accept employment-based adjustment of status applications from folks whose priority date is earlier than the Final Action Dates listed in this May bulletin. So, keep an eye on those dates!
What Should Indian H-1B Holders and EB Applicants Do Now?
If you’re currently in the U.S. on an H-1B Visa and hoping to transition to a green card, the current visa bulletin means longer wait times—especially for those in EB-2, EB-3, and now EB-5.
Here’s what you can consider:
- Consider regional center investments or rural/TEA EB-5 projects, which may have different quotas.
- Consult an immigration attorney to explore faster options, like EB-1, if you qualify.
- Track the Visa Bulletin monthly for updates and potential forward movement.
Final Thoughts: Stay Prepared, Not Panicked
Visa retrogressions are never fun, especially when they throw a wrench into well-laid immigration plans. But the key is staying informed, understanding your options, and planning accordingly. If you’re an Indian applicant impacted by this EB-5 retrogression, it’s not the end, just a longer road.
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