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【ARCFE News】 AUGUST 2023 VISA BULLETIN: INDIA EB-1 PRIORITY DATE MOVED BACK 10 YEARS

India EB-1 Priority Date Moved Back 10 Years

The Indian priority date for EB-1 category experienced a significant setback, moving back by 10 years. The July 2023 visa bulletin showed a retrogression of only 1 year, but the August 2023 bulletin revealed a priority date of January 1st, 2012. Considering the significant backlog in other employment-based categories like EB-1, EB-2 and EB-3, the EB-5 program remains the most viable choice for Indian nationals seeking U.S. residency. The program provides a more predictable and timely route to permanent residency, offering Indian investors a clearer and more efficient path towards their green card. This eliminates the uncertainty and lengthy waiting periods that plague the EB-1, EB-2 and EB-3 categories, providing a more streamlined and expedited immigration process.

The EB-5 Reform and Integrity Act of 2022 (EB-5 RIA 2022) offer several advantages to Indian investors, including set aside visa and concurrent filing. The EB-5 program visa is now divided into four categories: Unreserved, 2% Infrastructure Set Aside, 10% High Unemployment Set Aside and 20% Rural Set Aside. Investors, who are from countries that are prone to backlog like India and China, should consider investing in projects that are qualify for one of these three set aside categories.

Furthermore, the EB-5 RIA 2022 also allow investors who are already in the U.S. under visa such as F-1/H1B/etc. to file concurrently for adjustment of status. EB-5 concurrent filing is a process within the EB-5 investment immigration program that allows investors and their dependents to simultaneously submit their Form I-526E (“Immigrant Petition by Regional Center Investor”) and Form I-485 (“Application to Register Permanent Residence or Adjust Status”) applications. This streamlined approach enables investors to initiate their path to permanent residency while their I-526E petition is being reviewed, expediting the overall timeline and providing a more efficient route towards obtaining a green card in the United States.

Choosing the Right Project

Choosing the right EB-5 project requires careful consideration and due diligence. Investors should assess the project’s track record, financial stability, and job creation potential. Researching the developer’s experience and reputation is vital, along with reviewing project documents and financial disclosures. Evaluating the project’s location, market demand, and feasibility is essential. Seeking guidance from experienced professionals, such as immigration attorneys, can provide valuable insights. Conducting a comprehensive analysis of the project’s viability and alignment with personal investment goals is crucial in making an informed decision and selecting the right EB-5 project.

Investing in EB-5 projects in urban areas offers significant advantages over rural projects. Urban areas are characterized by higher population density, robust economies, and diverse industries, which create a favorable investment climate. These projects benefit from greater market demand, ensuring a higher likelihood of success. Urban areas also tend to have well-established infrastructure, transportation networks, and access to amenities, providing a more desirable living environment for potential residents. Furthermore, the presence of skilled labor, educational institutions, and cultural attractions in urban areas enhances the quality of life for both investors and their families. Investing in urban EB-5 projects maximizes the potential for economic growth, job creation, and a prosperous future.

EB-5 projects located in urban areas can still be qualified as TEA (High Unemployment), which put the investment capital to $800,000 USD per investment unit & meet requirement for 10% set aside EB-5 visa.

Award-Winning Regional Center

Award-winning EB-5 regional center with over 10 years of experience in real estate financing. We were first designated by USCIS in 2013 and were redesignated under the EB-5 RIA in 2022. Our team consists of professionals in the immigration, real estate and financial industries, including team members who are CFA and CPA. 

We have assisted over 500+ investors over 14 projects, with a 100% project approval rate. Up to date, ARCFE has successfully returned EB-5 capital to all of our eligible investors.

Read more >> https://www.arcfe.com/2023/06/13/arcfe-blogthe-solution-to-u-s-residency-for-indians/


The Department of States has posted the August 2023 Visa Bulletin. The Employment Base Fifth visa categories are as below:

Chart A

  1. All 3 set aside categories for all countries remain “CURRENT” – no backlog

  2. China Unreserved category priority date shows no movement, remains at 8th September 2015

  3. India Unreserved category priority date shows no movement, remains at 1st April 2017

  4. Chinese and Indian investors should take advantage of the set aside visa categories to secure their priority date as soon as possible

Chart B

  1. All 3 set aside visa categories for all countries remain “CURRENT”

  2. China Unreserved category priority date remains the same as 1st January 2016

  3. India Unreserved category priority date remains the same at 8th December 2019

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