The U.S. Department of State has released the much-anticipated April 2025 Visa Bulletin, outlining major shifts in employment-based (EB) immigrant visa categories. The key highlight is the significant retrogression in the EB-5 Unreserved category, particularly affecting India and China. Indian applicants will experience a priority date setback of over two years, moving the cutoff date to November 1, 2019.
Meanwhile, China will retrogress by approximately two and a half years, setting the new cutoff date at January 22, 2014. All other countries in the EB-5 category will remain current.
What is Visa Retrogression?
Visa retrogression occurs when the U.S. Department of State moves the priority dates backward instead of forward in the Visa Bulletin. This means that applicants who were once eligible to proceed with their green card applications now face extended wait times.
A priority date refers to the date when the U.S. Citizenship and Immigration Services (USCIS) first received an immigrant petition. Retrogression, while temporary, can significantly delay the adjustment of status process for thousands of applicants.
Why Does Retrogression Happen?
Each fiscal year, the U.S. government issues a limited number of immigrant visas (green cards) per category and country. Retrogression occurs when the demand for visas in a particular category surpasses the available supply. As a result, even those with earlier priority dates may have to wait longer for their visa to become available.
Impact of Retrogression on Green Card Applicants
Visa retrogression affects applicants inside and outside the U.S. differently:
- Applicants in the U.S.: If you have already applied for a green card (Adjustment of Status – Form I-485), your application will be paused until your priority date becomes current again. However, if you have received an Employment Authorization Document (EAD) or Advance Parole (AP), you can continue to work and travel.
- Applicants Outside the U.S.: Those awaiting consular processing cannot schedule a visa interview at the U.S. embassy until their priority date is current.
Importantly, if an applicant’s priority date retrogresses, their application is not canceled—they simply need to wait longer.
Other Employment-Based Visa Changes in April 2025
Apart from the EB-5 category, the April 2025 Visa Bulletin introduced moderate advancements in the EB-1, EB-2, and EB-3 categories for Indian applicants. However, EB-4 remains unavailable for all countries due to visa limits being reached for fiscal year 2025. No additional visas will be issued under EB-4 until October 1, 2025, when the new fiscal year begins.
USCIS Filing Guidance for April 2025
The USCIS has confirmed that it will accept employment-based Adjustment of Status applications using the Final Action Dates chart in April 2025. Applicants must ensure their priority date is earlier than the listed cutoff date for their respective country and category.
EB-5 vs. The New ‘Gold Card’ Residency Program
Earlier this year, former U.S. President Donald Trump announced a new pathway to U.S. residency— a so-called “Gold Card”, which offers permanent residency for a $5 million investment. While the EB-5 Immigrant Investor Program has long been a preferred route for high-net-worth individuals, many fear that the introduction of the Gold Card could replace or devalue the traditional EB-5 visa process.
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