Setback for Indian Green Card applicants? EB-5 category slips back in May 2025 bulletin – How will it affect you?

The U.S. Department of State's Visa Bulletin for May 2025 has brought disappointing news for Indian applicants in the employment-based visa categories, especially those in the EB-5 (Employment-Based Fifth Preference) category. Significant retrogression has been announced, extending wait times and creating additional hurdles for Indian green card hopefuls.

What is Visa Retrogression?

Visa retrogression occurs when the demand for immigrant visas exceeds the supply, causing priority dates to move backward instead of forward. A priority date is the date when an applicant’s petition is filed and determines their place in line for a visa.

Retrogression happens due to factors such as annual visa caps, per-country limits (no country can receive more than 7% of total visas), and high demand from certain countries like India and China.

When retrogression occurs, applicants whose priority dates were previously current must wait until their dates become current again to proceed with their applications.

Key Updates from the May 2025 US Visa Bulletin

Employment-Based First Preference (EB1)

India: No movement; cutoff date remains at 2 February 2022.

China: Cutoff date holds steady at 8 November 2022.

All Other Countries: Remain current.

Employment-Based Second Preference (EB2)

India: No change; cutoff date remains at 1 January 2013.

China: Cutoff date unchanged at 1 October 2020.

All Other Countries: Cutoff date remains at 22 June 2023.

Employment-Based Third Preference (EB3)

India: Slight forward movement to 15 April 2013.

China: No change; cutoff date stays at 1 November 2020.

All Other Countries: Cutoff date holds steady at 1 January 2023.

EB3 Other Workers

India: Matches the EB3 category with a cutoff date of 15 April 2013.

China: Cutoff date remains at 1 April 2017.

All Other Countries: Cutoff date unchanged at 22 May 2021.

Employment-Based Fourth Preference (EB4)

The EB4 category remains entirely “unavailable” for all countries due to exhaustion of visas for the fiscal year. This status is expected to continue until the new fiscal year begins on 1 October 2025.

Employment-Based Fifth Preference (EB5)

The most significant update comes in the EB5 Unreserved category:

India faces a retrogression, with the cutoff date moving back by over six months to 1 May 2019, from being previously current.

China’s cutoff date remains unchanged at 22 January 2014.

All other EB5 categories and countries remain current.

Impact of EB5 Retrogression on Indian Green Card Applicants

The retrogression in the EB5 Unreserved category significantly affects Indian green card applicants.

Previously, this category allowed Indian investors to apply for green cards without delays if they invested in qualifying US projects.

Now, only those with priority dates earlier than 1 May 2019 can proceed, leaving later applicants stuck in an expanding backlog.

Given that EB5 visas are capped globally at approximately 9,800 annually, with only 7% allocated per country, high demand from India has created bottlenecks. This change extends wait times and adds uncertainty for many investors seeking permanent residency.

Why Does Retrogression Happen?

Retrogression occurs due to:

High Demand: More applicants than available visas in specific categories or from certain countries.

Per-Country Caps: Each country is limited to a maximum of 7% of total employment-based visas annually.

Category Limits: Each visa category has its own annual cap, which can lead to backlogs when exceeded.

End of Fiscal Year: Visa availability resets every October, causing fluctuations in priority dates.

What Can Indian Applicants for US Visa Do?

Applicants affected by retrogression can consider these strategies:

Regularly monitor the monthly Visa Bulletin for updates on priority dates.

Explore alternative visa categories such as EB1 or EB2 National Interest Waiver (NIW), which may have shorter wait times.

Maintain valid nonimmigrant status (e.g., H-1B) while waiting for green card processing.

Consult immigration attorneys to explore options like interfiling or consular processing