Behring Regional Center has requested and received extensive information from USCIS, leveraging the Freedom of Information Act with the help of Kurzban, Kurzban, Tetzeli and Pratt. This data is the only published information which shows the allocation of green cards through Adjustment of Status in FY 2024 on a per-country basis.
Source: Behring FOIA, I-485 Approvals sorted by China, India and Rest of World, and by Legacy and Set Aside Visa Allocations for FY 2022, FY 2023 and FY 2024 (through August 1st 2024).
Record Visa Allocation in FY 2024
The government capitalized on the opportunity to allocate visas that were unused due to Covid-related disruptions, achieving record levels, focusing overwhelmingly on the pre-RIA backlog.
Visa Processing Methods
Visa allocation is a combination of two processes:
- Consular Processing: Typically slower due to bandwidth issues and in-person interview requirements.
- Adjustment of Status through USCIS: Can be completed at a Service center, often faster than Consular Processing.
USCIS Workload Management
Despite a long queue for consular processing in India, USCIS has demonstrated the ability to manage their domestic workload independently. This has allowed them to provide more than the 7% country cap threshold, as predicted in our Approval Times webinar.
Pre-RIA Pending Inventory
According to uscis.gov, the pre-RIA pending inventory for Adjustment of Status applications stood at 866, based on an August, 2024 report which is at a similar reporting date as the above FOIA data.
Visa Bulletin Charts and Indian Investors
The January Visa Bulletin Charts allow every pre-RIA investor born in India to file for Adjustment of Status. As these applications are filed and approved, the pending domestic backlog will decrease, enabling the Department of State to move dates into post-RIA territory.
Dual Approval Codes
The implementation of dual approval codes allows post-RIA investors to access an additional 68% of the prioritized unreserved visas. This prevents them from feeling stuck in a slow-moving set-aside category.
What Do I Need to Know?
EB-5 investors overseas can choose from either the unreserved visa inventory or the set aside inventory, and domestically, USCIS automatically provides an unreserved visa number when available.
The government has signaled the potential for filing dates in the set aside categories which would impact the rural category first based on initial data from USCIS. This pre-RIA movement is important for investors from India who are filing in any set aside category.
Understanding visa allocation policy and USCIS data is the best way to stay informed about the processing times for today’s EB-5 investors.
Concurrent Filing Offers Significant Advantages for EB-5 investors.
Key benefits include:
- Obtaining a renewable Employment Authorization Document (EAD)
- Receiving an Advance Parole document
- Securing Child Status Protection Act (CSPA) benefits
However, the most crucial advantage is bypassing two major hurdles:
- Country-specific visa caps
- Consular processing delays
This streamlined process provides a much higher degree of certainty for all EB-5 applicants, with particular importance for investors born in India.
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