Important Updates
Important Updates
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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
  • 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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Rahul Soni, Xiaodan Song

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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

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, NY, United States

Email

[email protected]

T:+1 347 573 2996

Photo of Susan Song

Xiaodan Song

Senior Associate

New York, NY, United States

Email

[email protected]

T:+1 212 891 7526

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, NY

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: Arbeitskräfte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina Vorländer emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.