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September 30, 2025 | United StatesPartner Priscilla Muhlenkamp Named 2025 National Law Journal Awards Finalist for "DC Managing Partner of the Year"
September 30, 2025 | PolandPoland: Mandatory Online Processes Implemented for Work Permits and Contract Submission
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United States: May 2025 Visa Bulletin – EB-3 India Advances Slightly and EB-5 India Retrogresses, Remaining Final Action Dates Hold Steady; USCIS to Honor Final Action Dates for EB Categories

April 11, 2025

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At a glance

  • In May, the EB-3 Final Action Date for India will advance by two weeks.
  • The Final Action Date for EB-5 India will retrogress by six months.
  • Final Action Dates for all other employment-based categories and countries will remain the same.
  • Next month, USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action Dates listed in the May Visa Bulletin.

A closer look 

According to the State Department’s May Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: 

  • EB-1: India will remain at February 15, 2022, and China will remain at November 8, 2022. All other countries will continue to be current.
  • EB-2: India will remain at January 1, 2013, and China will remain at October 1, 2020. All other countries will remain at June 22, 2023.
  • EB-3 Professionals and Skilled Workers: India will advance by two weeks, to April 15, 2013, and China will remain at November 1, 2020. All other countries will remain at January 1, 2023.
  • EB-5: For the EB-5 Unreserved categories, China will remain at January 22, 2014, and India will retrogress by six months, to May 1, 2019. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

USCIS to honor Final Action Dates for EB categories in May

USCIS has announced on its own Visa Bulletin web page that the agency will accept employment-based adjustment of status applications based on the Visa Bulletin Final Action Dates chart in May. To be eligible to file an employment-based adjustment application in May, foreign nationals must have a priority date that is earlier than the date listed below for their preference category and country.

Reminder: Annual limit reached for the EB-4 category

As a reminder, the State Department announced on February 28, 2025 that all available EB-4 immigrant visas for FY 2025 were issued as of February 28, requiring the State Department to make the category unavailable as of that date. EB-4 will be unavailable through the end of the fiscal year on September 30, 2025. No immigrant visa or adjustment of status applications may be approved in the EB-4 category through that date. The annual limit will reset at the start of the new fiscal year on October 1, 2025.

EB-5 retrogression for India

The May Visa Bulletin states that the State Department was required to retrogress the EB-5 unreserved category for India due to high demand and number use. The agency also says that it may become necessary to establish a Final Action Date for Worldwide EB-5 applicants in the unreserved category, if demand and number use continue to increase.

Final Action Dates for May 2025

EB-1 
China: November 8, 2022
India: February 15, 2022
All other countries: Current             

EB-2  
China: October 1, 2020
India: January 1, 2013
All other countries: June 22, 2023

EB-3 Professionals and Skilled Workers  
China: November 1, 2020
India: April 15, 2013
All other countries: January 1, 2023

EB-3 Other Workers  
China: April 1, 2017
India: April 15, 2013
All other countries: May 22, 2021

EB-4
All countries: Unavailable
*The annual EB-4 limit for FY 2025 has been reached. The limit will reset on October 1, 2025.

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: January 22, 2014
India: May 1, 2019
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

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