• Insights

Understanding the January 2025 Visa Bulletin and Possibility of Establishing Cut-off Dates for EB-5 Set-Aside Categories in Fiscal Year 2025

December 31, 2024

Understanding the January 2025 Visa Bulletin and Possibility of Establishing Cut-off Dates for EB-5 Set-Aside Categories in Fiscal Year 2025

Country / Territory

  • United StatesUnited States

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Isha Atassi, Rahul Soni

Summarizing the January 2025 Visa Bulletin

The State Department's January Visa Bulletin still shows significant backlogs in the EB-2 and EB-3 categories for India- and China-born nationals, with delays of up to 12 years for India-born nationals and four years for China-born nationals in EB-2 and EB-3. 

For the EB-5 Unreserved categories, the final action cutoff dates remain on July 15, 2016, for China and January 1, 2022, for India, while all other countries stay current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) also remain current. Fragomen’s client alert provides a detailed summary of the January 2025 Visa Bulletin.

Important Note: EB-5 Set-Aside Categories

The January 2025 Visa Bulletin includes a note that signals potential significant update regarding the EB-5 set-aside categories. Notably, the set aside categories have recently been the ones with quickest approval times and ability to concurrently file an adjustment of status application or immigrant visa-process without any backlogs for any foreign national. 

The most recent Bulletin states:

“The Department of State and USCIS note increased I-526E petition approvals, and both agencies see increasing numbers of individuals processing their applications to completion in the EB-5 set aside categories. It may become necessary to establish Dates for Filing and Final Action Dates during the fiscal year to ensure that issuances in these categories do not exceed annual limits. This situation will be continually monitored, and any necessary adjustments will be made accordingly.”

Impact on EB-5 Investors

This note underscores the growing demand for EB-5 set-aside categories. According to data obtained and analyzed by Invest In the USA (IIUSA), a nonprofit trade association for the EB-5 stakeholders, via a Freedom of Information Act (FOIA) request, there are at least 4,274 visas available for Rural Area petitions and more than 2,137 visas for High Unemployment Area (HUA) petitions in FY2025. IIUSA predicts that based on current approval trends, a cutoff date is not anticipated for the Reserved categories during at least the first half of FY2025.

However, if the DOS and USCIS establish Cut-off Dates (Dates for Filing and Final Action Dates) for EB-5 set-aside categories, investors should be aware of the following changes:
      • Investors may no longer be able to file adjustment of status applications concurrently with I-526E petitions. The concurrent filing option has benefited a lot of investors who have valid status (such as H-1B, L-1, F-1, etc.) in the US. allowing them to obtain a five-year work authorization card (EAD) and international travel permit (Advance Parole) while their green card application is pending.
      • Investors could experience longer waiting times to receive their green card, depending on when their priority dates become current.
 
Takeaways

The January 2025 Visa Bulletin’s note highlights the growing demand in the EB-5 set-aside categories. Investors should work closely with their immigration attorneys to understand how these potential changes might impact their individual cases. While this may create uncertainties for investors, staying informed and working closely with experienced immigration professionals can help mitigate potential challenges.

Need to know more? 

For questions related to the EB-5 Immigrant Investor Program, please contact Partners Isha Atassi and Rahul Soni at [email protected] and [email protected], respectively, and Senior Associate Susan Song at [email protected]. 

This blog was published on January 31, 2025, 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

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Fragomen-Porthole-Template---New-York-Atassi_0

Isha Atassi

Partner

New York, United States

Email

[email protected]

T:+1 212 230 2878

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 offices

  • New York

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three recognitions at the 2026 Cartus Global Network Conference for excellence in service, sustainability leadership and global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

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 InsightsView 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
  • 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
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
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.