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The US Department of State's Visa Bulletin for May 2025 has delivered a serious blow to Indian nationals seeking H-1B visas and green cards, particularly those applying under the Employment-Based Fifth Preference (EB-5) category. According to the newly published bulletin, the EB-5 Unreserved category for Indian applicants has retrogressed by over six months - from November 1, 2019, to May 1, 2019 - narrowing the eligibility window and significantly delaying the path to US permanent residency.
This regression stands in stark contrast to the situation for Chinese applicants, whose EB-5 cutoff date remains unchanged at January 22, 2014.
The bulletin attributes the setback to high demand and usage by Indian applicants, combined with increased applications from the rest of the world. "It was necessary to further retrogress the Indian final action date to hold number use within the maximum allowed under the FY-2025 annual limits," the bulletin stated.
The EB-5 category is designed for qualified immigrant investors and includes reserved slots for those investing in rural, high-unemployment areas or infrastructure projects. However, the bulk of demand continues to concentrate in the unreserved segment, where Indian nationals have been particularly active, leading to rapid depletion of available visas and eventual retrogression.
The 'Final Action Dates' listed in the monthly bulletin are critical because they determine when the United States Citizenship and Immigration Services (USCIS) can finalise an application for visa or green card processing. Applicants whose priority date is earlier than the date listed in the bulletin are eligible to proceed with their applications.
The Visa Bulletin further outlines that the family-sponsored preference immigration cap for FY-2025 is 226,000, while the employment-based cap is at least 140,000. Each country is limited to seven per cent of the combined total across both categories, capping each nation at 25,620 visas annually, with dependent areas allowed no more than two per cent, or 7,320 visas.
This update comes at a time when immigration has once again become a central issue in American politics. Since Donald Trump's return to the White House in January 2025, the administration has reignited its "America First" policy agenda, bringing immigration-both legal and illegal-under tighter scrutiny.
While the administration's focus remains on curbing illegal immigration, its policies have increasingly begun to affect high-skilled immigrants as well, including those entering on work visas or investing through legal immigration routes like EB-5.
In Short
• EB-5 cutoff for Indian applicants retrogressed by 6 months
• High demand from Indians cited for retrogression
• EB-3 category for India advanced by 2 weeks
