EB-5 Visa Allocation Exhausted: USCIS Stops Issuing Green Cards Until September 30th
The U.S. EB-5 Immigrant Investor Program, established in 1990 to stimulate the American economy by attracting foreign investment, has reached its visa cap for the fiscal year 2025. The State Department has announced that all available immigrant visas in the Employment-Based Fifth Preference (EB-5) unreserved category have been issued. This means that U.S. embassies and consulates will no longer be able to issue visas in the EB-5 unreserved categories until the start of the new fiscal year on October 1, 2025. The EB-5 Immigrant Investor Program offers permanent residency in the United States to investors. The basic requirement is to invest a minimum of $800,000 in a U.S.-based commercial enterprise, which must create at least 10 full-time jobs for U.S. workers. In return, the investor and their immediate family are eligible for permanent residency in the United States. The annual limit for EB-5 visas, as stipulated by the Immigration and Nationality Act (INA), is 7.1% of the worldwide employment-based limit. Of the annual EB-5 visa limit, 68% is designated for unreserved visa categories. The EB-5 visa category is one of the unreserved categories, which includes C5, T5, I5, R5, RU, and NU. The EB-5 Reform and Integrity Act of 2022 has contributed to the total count of EB-5 visas now issued for FY 2025. This act has also allowed unused EB-5 reserved visas from FY 2023 to be added to the unreserved categories for FY 2025. The EB-5 visa offers unique benefits for investors, particularly those from high-demand countries like India. The program year for applying typically begins on October 1, which is the start of the U.S. government fiscal year, allowing new applications to be submitted from that date onward. Qualified applicants may again apply for EB-5 immigrant visas at the start of the new fiscal year on October 1, 2025. It's worth noting that the EB-5 visa requirements are relatively straightforward compared to other immigration programs. The EB-5 Immigrant Investor Program was designed to attract foreign investment to the U.S. economy, providing a pathway for investors to gain U.S. residency while stimulating economic growth. The annual ceiling for EB-5 visas, as specified by INA 203(b)(5), is subject to limitations. However, the demand for the EB-5 visa, particularly among investors from high-demand countries, often results in the visa cap being reached before the end of the fiscal year. This year is no exception, with the EB-5 visa allocation for FY 2025 having been made ahead of the fiscal year's close. For those interested in the EB-5 Immigrant Investor Program, it's advisable to start the application process early in the new fiscal year to ensure a timely decision on their application.
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