US Visa Bulletin for May 2025: Green Card hopes dim for Indians as EB-5 category retrogresses

The US Department of State has released the May 2025 Visa Bulletin, announcing important updates for employment-based (EB) immigrant visa categories. India will face a retrogression in the EB-5 Unreserved category, moving backward by over six months to May 1, 2019. China will remain at January 22, 2014. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

EB-3 for India will advance slightly by two weeks.

EB-1, EB-2 categories will remain at February 15, 2022 and January 1, 2013, respectively. EB-4 will remain unavailable for all countries until the end of fiscal year 2025, as the annual limit has been reached.

ALSO READ: What is visa retrogression and how it affects Green Card applicants

Due to high demand from Indian applicants in the EB-5 unreserved visa category, along with rising demand from other countries, the US has had to push back (retrogress) the final action date for India to stay within the annual visa limits for FY-2025. If demand from the rest of the world keeps increasing, a cut-off date may also be set for those countries. The situation is being closely watched, and further changes may be made if needed.

Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the May Visa Bulletin.

Understanding the Visa Bulletin

Understanding the Visa Bulletin is crucial for individuals seeking Green Cards, as it provides vital information about the timeline for adjusting immigration status and eligibility based on application submission. The bulletin acts as a guide for the Green Card journey, featuring two essential sections.

Dates for Filing: This section specifies the earliest date applicants can submit their adjustment of status or immigrant visa applications. It helps applicants determine when they can proceed with their filing based on their visa category and country of origin.

Final Action Dates: These dates estimate the wait time for application approval, leading to permanent residency. They function as a queue based on visa category and nationality, indicating when applicants can expect their applications to be processed.

However, there's a crucial caveat for employment-based green card (EB) adjustments. To file in August 2024, applicants must have an application date preceding a specific date listed for their category and country in the bulletin, ensuring their eligibility for filing.

The significance of final action dates lies in their role in application processing. These dates vary depending on the visa type and nationality, directly impacting the duration of the green card application process and potential wait times. Understanding and monitoring these dates is essential for individuals navigating the Green Card application process.

Highlights from the May 2025 Visa Bulletin

The Visa Bulletin outlines preference categories for family-sponsored immigrants, providing critical information for navigating the Green Card process. The categories are as follows:

• First Preference (F1): Unmarried Sons and Daughters of U.S. Citizens
• Second Preference (F2): Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents
  • F2A: Spouses and Children of Permanent Residents
  • F2B: Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

• Third Preference (F3): Married Sons and Daughters of U.S. Citizens
• Fourth Preference (F4): Brothers and Sisters of Adult U.S. Citizens

The bulletin provides detailed insights into the allocation of immigrant visas, primarily based on priority dates and demand received by April 1st of each fiscal year. When demand surpasses the available visas in a particular category or country, that category is classified as oversubscribed. In such cases, the final action date for oversubscribed categories is determined by the priority date of the first applicant who couldn't be accommodated within the numerical limits.

For the fiscal year 2024, the limit for family-sponsored preference immigrants is set at 226,000, with specific allocations for each preference category. Additionally, there are per-country limits set at 7% of the total annual family-sponsored and employment-based preference limits. Immigrant visas are issued in order of priority based on the filing date of the petition.

Spouses and children of preference immigrants are entitled to the same status and consideration as the principal applicant. In instances where visa issuances surpass the per-country limit, visa prorating provisions come into effect for oversubscribed chargeability areas, including China (mainland born), India, Mexico, and the Philippines. These provisions ensure fair allocation of visas among applicants from different countries.

Understanding these intricacies is crucial for individuals navigating the immigrant visa process. The Visa Bulletin serves as a vital tool, providing essential information about visa availability and processing times, helping applicants plan their immigration journey effectively.

FAMILY-SPONSORED GREEN CARDS: FINAL ACTION DATES

FAMILY-SPONSORED GREEN CARDS: DATES FOR FILING

Employment-based preferences

The allocation of immigrant visas in the employment-based preference categories is structured to ensure a balanced distribution among various types of skilled and unskilled workers, professionals, and investors. Understanding these categories and their allocation percentages is crucial for individuals seeking employment-based immigrant visas.
1. Priority Workers: This category receives 28.6% of the global employment-based preference level. It includes:

• Individuals with extraordinary abilities in their field
• Outstanding professors and researchers
• Multinational executives or managers

Additionally, any surplus numbers not used for the fourth and fifth preferences may also be allocated here.

2. Members of the Professions Holding Advanced Degrees or Individuals of Exceptional Ability: This category is also allotted 28.6% of the global employment-based preference level, plus any numbers not required by the first preference. It covers:

• Individuals with advanced degrees
• Individuals with exceptional abilities in their respective fields

3. Skilled Workers, Professionals, and Other Workers: This category receives 28.6% of the worldwide level, along with any numbers not required by the first and second preferences. It includes:

• Skilled workers and professionals
• "Other Workers" performing unskilled labor, with a cap of 10,000 visas

4. Certain Special Immigrants: This category is allocated 7.1% of the global level and includes:

• Religious workers
• Certain employees of U.S. foreign service posts
• Individuals who have served in the U.S. armed forces

5. Employment Creation: This category also receives 7.1% of the global level. It is further divided to ensure targeted investment and job creation:

• 20% for qualified immigrants investing in rural areas
• 10% for those investing in high unemployment areas
• 2% for those investing in infrastructure projects
• The remaining 68% is unrestricted and available to all other eligible investors

These employment-based preference categories are designed to attract a diverse pool of talented individuals to the United States, fostering economic growth and innovation. By understanding these allocation percentages and categories, applicants can better navigate the U.S. immigration system and plan their visa applications accordingly.

EMPLOYMENT-BASED GREEN CARDS: FINAL ACTION DATES

EMPLOYMENT-BASED GREEN CARDS: DATES FOR FILING