The October 2023 Visa Bulletin was released on Friday, September 15, 2023 and contained some good news for EB-5 Investors.

List B – Dates for Filing Available

The key change is that List B (Dates For Filing) is now available for China and India’s “unreserved EB-5” category. China’s List B (Dates For Filing) cut-off date is now January 1, 2017. India’s List B (Dates for Filing) cut-off date is now April 1, 2022.

USCIS has confirmed on its website that it will accept I-485 Adjustment of Status applications submitted using List B (Dates For Filing).

USCIS has confirmed on its website that it will be accepting List B Dates For Filing.

Therefore, EB-5 investors who are physically present in the U.S. on lawful visa status and who filed their I-526 visa petitions before January 1, 2017 (for China) and April 1, 2022 (for India) are eligible to file I-485 Adjustment of Status starting October 1, 2023.

List A – Final Action Dates

There was not a lot of movement on the EB-5 Final Action Dates for unreserved visas for China. The Final Action (List A) cut-off date for EB-5 unreserved visas for China will be October 1, 2015 (moving forward 1 month from September 1, 2015) for China.

The India EB-5 unreserved Final Action Date (List A) moved forward approximately 8 months, to December 15, 2018 (up from April 1, 2017).

No Waiting List for New I-526E Petitions in Reserved Categories

New EB-5 investors filing I-526E visa petitions in reserved visa categories remained Current on a world-wide basis, and are not subject to any waiting list. Reserved visa categories apply to new investments in rural areas, high unemployment areas and infrastructure projects.

Please contact Donoso & Partners to request assistance with your I-485 Adjustment of Status while the Dates for Filing window is open in October of 2023.

Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.