INVC International Desk
Washington DC / New Delhi
Thousands of Indian families aiming to secure permanent residency in the United States through the EB-5 investor visa category have been hit with a severe blow. In a major policy reversal, the US State Department has announced a retrogression in the EB-5 unreserved visa category cut-off date for India to May 1, 2019, effectively derailing green card plans for many applicants who filed after this date.
The announcement was made via the May 2025 Visa Bulletin, and is being seen as one of the most stringent curbs on employment-based immigration pathways for Indians in recent times.
EB-5 Final Action Date Rolled Back by 6 Months
Previously, the cut-off date for Indian applicants in the EB-5 unreserved category was November 1, 2019. With the new revision, applicants who invested after May 1, 2019, will now face prolonged delays in their green card processing.
According to the bulletin, the adjustment was triggered by a surge in demand for EB-5 visas from India, along with increased utilization of the unreserved visa quota by applicants from the rest of the world. The move is aimed at staying within the annual fiscal year limit (FY2025) for employment-based immigration.
“If demand continues to rise, final action dates may also be introduced for other countries,” the bulletin warned.
Understanding the Numbers: Why the EB-5 Door Is Narrowing
Under the Immigration and Nationality Act (INA):
The FY 2025 cap for family-sponsored preference immigrants is 226,000.
The employment-based global quota is set at 140,000 annually.
Each country is allocated a 7% cap, translating to 25,620 visas.
The dependent visa ceiling is capped at 2%, or 7,320 visas.
Given India’s high intake in recent years, the US government is now attempting to spread out visa allotments more equitably, triggering delays for high-volume countries like India.
No Impact on EB-1 and EB-2 Visa Categories (For Now)
The State Department clarified that no changes have been made to the EB-1 and EB-2 employment-based visa categories. Adjustment of status applications under these categories will still be accepted in May 2025, provided applicants meet the required priority dates.
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🛂 What Is an EB-5 Visa? A Gateway for Wealthy Immigrants
The EB-5 Immigrant Investor Program allows foreign nationals to gain lawful permanent residence (green card) by investing a minimum of $800,000 in a US business or government-approved regional center. The investment must lead to the creation of at least 10 full-time jobs for US workers.
The program has been immensely popular among high-net-worth individuals in India, particularly as it allows investors and their immediate family members to fast-track their entry into the United States.
⏳ Final Action Date vs Priority Date: What It Means for Applicants
The final action date refers to when a green card can be issued.
The priority date is the date an individual’s EB-5 petition is officially filed.
If your priority date is after the final action date, you must wait until your date becomes current before receiving a green card.
The retrogression of the final action date means that many EB-5 investors from India will now experience years of delay in receiving their US green cards—even if their investments have already been made and job creation targets met.
🧭 What Lies Ahead: More Delays or Policy Reset?
While some immigration experts believe a change in US administration after the 2024 elections could reset the tone on employment-based immigration, others warn that visa backlogs may continue into 2026 unless Congress intervenes.
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Time to Rethink the American Dream?
This move by the Trump administration has once again underscored the volatile nature of US immigration policy. For Indian investors who hoped to fast-track their American dream through capital and enterprise, the road just got longer—and far more uncertain.
📣 Stay tuned with INVC for real-time updates on immigration, trade, and global policy shifts affecting Indian interests abroad.
