• Insights

EB-5 Remains the Fastest Path to US Permanent Residency for Chinese and Indian Nationals Following the October 2024 Visa Bulletin

September 17, 2024

EB5

Country / Territory

  • United StatesUnited States

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Rahul Soni

The release of the October Visa Bulletin marks the beginning of the government’s fiscal year. Immigration practitioners anxiously await its publication as it sets the stage for the new year and what may be expected. The October 2024 Visa Bulletin was just recently released and has reaffirmed that the EB-5 Immigrant Investor Program remains the fastest route to U.S. permanent residency for investors born in countries with significant visa backlogs, such as China and India.  

Visa Backlogs for China and India: A Continuing Challenge

For years, Chinese and Indian nationals have faced long wait times to obtain U.S. green cards due to high demand and the per-country visa caps. The employment-based visa categories, particularly the EB-2 and EB-3 categories, have been significantly backlogged for these countries.

The October 2024 Visa Bulletin continues to reflect these severe backlogs:

  • The final action cutoff date for EB-1 China will advance by one week, to November 8, 2022, and India will remain at February 1, 2022.
  • The final action cutoff date for EB-2 China will advance by three weeks, to March 22, 2020, and India will remain at July 15, 2012.
  • The final action cutoff date for EB-3 China will retrogress by five months, to April 1, 2020, and India will advance by one week, to November 1, 2012.  

The retrogression for China in the EB-3 category is quite unexpected as the new fiscal year is just beginning.  This signals a very challenging year ahead and individuals impacted by the retrogression may want to consider alternative, faster green card options, such as the EB-5 program.

The Strategic Advantages of EB-5 Regional Center Program

When Congress reauthorized the EB-5 Regional Center Program in March 2022, a portion of EB-5 visas was set aside specifically for investments in Targeted Employment Areas (TEAs), which include rural areas, high-unemployment areas, and infrastructure projects. Despite increasing demand, these set-aside categories will remain current under October 2024 Visa Bulletin.

For Chinese and Indian nationals, the EB-5 Regional Center Program presents clear strategic advantages:

  • No Employer Sponsorship Required: For individuals without a job offer or those waiting for their employer-sponsored EB-2 or EB-3 priority date to become current, the EB-5 program offers an independent pathway to a green card.
  • Fast Processing Times and No Backlogs: Even compared to other self-sponsored options, such as EB-1A or EB-2 NIW, the EB-5 program stands out as the fastest and most straightforward choice for Chinese and Indian nationals without backlog delays.
  • Concurrent Filing Option: Chinese and Indian nationals in the U.S. on a valid non-immigrant visa, such as F-1, H-1B, or L-1, can simultaneously file their EB-5 and adjustment of status applications. Currently, the EB-5 regional center program in the set-aside categories is the only employment-based visa category that allows concurrent filing for Chinese and Indian nationals. This allows investors to obtain a five-year work authorization card (EAD) and international travel permit (Advance Parole) while their green card application is pending. This option is particularly beneficial for foreign students, enabling them to bypass the H-1B lottery for work authorization. It also provides added security for individuals on employer-sponsored visas, such as H-1B or L-1, by ensuring continued work authorization, which adds considerable peace-of-mind in the event of job loss or to simplify changing employer.

Need to Know More?

With the increasing demand for these EB-5 set-aside categories, Chinese and Indian investors who believe they qualify for the EB-5 program should seek guidance from immigration professionals who can help guide them through the complex process. 

For more information about EB-5 regional center program, please contact Partner Rahul Soni at [email protected] and Senior Associate Xiaodan (Susan) Song at [email protected].

Please also refer to our previous resources, Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW, and EB-5 for insights on other self-sponsored green card options, and Understanding the Differences Between EB-5 Rural Projects and High-Unemployment Projects to better understand the distinctions between rural and high-unemployment projects.

This blog was published on September 17, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.

Country / Territory

  • United StatesUnited States

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen New York Associate Rahul Soni

Rahul Soni

Partner

New York, United States

Email

[email protected]

T:+1 347 573 2996

Related insights

  • Exploring Green Card Options Without Employer Sponsorship: EB-1A, EB-2 NIW and EB-5
  • Understanding the Differences Between EB-5 Rural Projects and High Unemployment Projects

Related offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Fragomen news

Comment on DHS Proposed Rule on Discretionary Employment AuthorizationLearn more

Blog post

How the Middle East Is Building Workforce Mobility Resilience Amid Regional Disruption

Partner Shayan Sultan discusses how geopolitical disruption, intensifying talent competition and digital transformation are reshaping workforce mobility and compliance across the Middle East.

Learn more

Awards

Partner Karolina Schiffter Recognised in Lexology Index: Thought Leaders Global Elite 2027

Partner Karolina Schiffter is recognised in the Lexology Index: Thought Leaders Global Elite 2027 report.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 4, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
August 4, 2026 | United StatesComment on DHS Proposed Rule on Discretionary Employment Authorization
August 3, 2026 | AustraliaAustralia: New Processing Priorities for Certain Visas Announced
August 3, 2026 | ColombiaColombia: Processing Delays and Increased Scrutiny Affecting Work Visa Applications
August 3, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.