March 2024 Visa Bulletin: Pre-RIA Investors have until February 28th to file their I-485 AOS applications

Yesterday, the U.S. State Department published the March 2024 Visa Bulletin (see here). No changes for EB-5 investors. Chart A remains current for all visa set-aside categories – rural areas, high unemployment areas, and infrastructure projects – for all countries. For investors who filed before the Reform and Integrity Act of 2022 (RIA), visa backlogs continue for those EB-5 investors born in China (with a priority date of Dec. 15, 2015) and India (with a priority date of Dec. 1, 2020).

As of March 1, 2024, USCIS requires applicants filing Form I-485 to use Chart A instead of Chart B. See USCIS announcement. In the October Visa Bulletin (the first for Fiscal Year 2023), the State Department moved priority dates in Chart B from September 8, 2015 to January 1, 2017 for China and April 1, 2017 to April 1, 2022 for India. Likewise, USCIS has allowed those seeking to file their I-485 Application to Adjust Status (AOS) to follow Chart B. This jump enabled thousands of families to file their I-485 AOS and obtain their EAD / advance parole while waiting for their green cards when Chart A becomes current.

As of March 2024, pre-RIA EB5 investors born in China and India must now wait until their priority date is current in Chart A before they may file their I-485 AOS. Pre-RIA or “unreserved” EB-5 visa applicants from China and India who are eligible to file their I-485 AOS must file by February 28, 2024 in order for their applications to be received by the February 29, 2024 deadline.

March 2024 VB Updates for All Employment-Based Visa Preferences

For other employment-based visa preferences, there is modest progress in the March 2024 Visa Bulletin for EB-1 for China and India and the Rest of World (ROW) for EB-2 and EB-3.

In summary:

• For EB-1, India advances by one month from September 1, 2020 to October 1, 2020 and China remains at July 15, 2022. ROW remains current.
• For EB-2, India remains at March 1, 2012 and China remains at January 1, 2020, while ROW advanced one week to November 22, 2022.
• For EB-3 Professionals and Skilled Workers, India remains at March 1, 2012 and China remains at September 1, 2020. ROW advances one week to September 8, 2022.
• For Other Workers, India remains at July 1, 2012 and China remains at January 1, 2017. ROW advances one week to September 8, 2022.
• For EB-5, in the unreserved visa categories (direct and regional center), India remains at December 1, 2020 and China remains at December 15, 2015. ROW is current.
• For EB-5, in the reserved visa set-aside categories, all countries remain current.

New EB-5 Investors May Still Take Advantage of Concurrent Filing

New investors filing EB-5 applications in the visa set-aside categories, if in the U.S. on a valid visa, may continue to file their I-485 AOS concurrently with their I-526E petitions. Such EB-5 investors have received approval of the Employment Authorization Document (EAD) and Advance Parole (AP) within 3-4 months. Learn more about concurrent filing. The EAD/AP are issued for a 5-year period and provide US-based EB-5 families to enjoy the benefits of a green card while they wait for their I-526E petition and I-485 AOS approvals. Behring is pleased to continue to receive I-526E approvals.

Use Partial Payment Plans to File Before $8,000 Fee Increase on April 1st

Families considering applying for the EB-5 green card in the new visa set-aside categories still have time to file before USCIS raises fees by more than $8,000 on April 1, 2024. Behring recognizes that assembling the funds and documentation for the $800,000 minimum investment requirement can be challenging. This is why many of Behring’s investors have successfully filed partial payment plans, funding less than $800,000 at the time of filing, to lock in their priority dates, avoid child age-out issues, and quickly obtain their EAD cards, while investing in installments. Learn more about Behring’s partial payment plans.