Indian applicants for H-1B visas and green cards are facing disappointing news as the latest U.S. visa bulletin for May 2025 indicates an unsettling retrogression in the EB-5 Unreserved category specifically for Indian nationals. This retrogression will see the cutoff date for India moving back to May 1, 2019, which poses significant challenges for many individuals eager to secure permanent residency in the United States.

In contrast, Chinese applicants remain unaffected in the same category, maintaining a cutoff date of January 22, 2014. The U.S. Department of States announcement highlights the intense demand for the EB-5 visas, particularly among Indian applicants. The combination of high utilization rates by Indian nationals and increased applications from the Rest of World (RoW) category has necessitated this adjustment to ensure adherence to the annual visa limits for fiscal year 2025.

The bulletin elaborates, "High demand and number use by India in the EB-5 unreserved visa categories, combined with increased Rest of World demand and number use, made it necessary to further retrogress the India final action date to hold number use within the maximum allowed under the FY-2025 annual limits." This statement underscores the competitive nature of the visa application process, which is often heavily influenced by demand from various countries.

Moreover, the bulletin raises the possibility of establishing a final action date for RoW countries if the current trend of increasing demand continues. Such a measure would reflect the Department of State's ongoing monitoring of visa usage and its commitment to making adjustments as necessary.

It's important to note that there are no changes for the EB-1 and EB-2 categories, which remain stable for Indian applicants. For the EB-1 category, India will remain at February 15, 2022, while China holds steady at November 8, 2022. Other countries will continue to have current status in this category. In the EB-2 category, Indian individuals will still see their cutoff date at January 1, 2013, while China stays at October 1, 2020, with all other countries remaining at June 22, 2023.

On a slightly more optimistic note for Indian applicants, the EB-3 category will see a slight advancement. The cutoff date for India will move forward by two weeks to April 15, 2013, while China will remain at November 1, 2020. Other countries will continue to have their cutoff date set at January 1, 2023.

The U.S. Department of State issues a monthly Visa Bulletin, which outlines the cutoff dates for visa availability. This bulletin is crucial for determining which applicants can submit their applications for adjustment of status and who is eligible for permanent residency in the U.S. Essentially, any applicant whose priority date is before the cutoff date listed in the latest Visa Bulletin can proceed with their application for permanent residency.

The fiscal year 2025 limit for family-sponsored preference immigrants, as delineated in Section 201 of the Immigration and Nationality Act (INA), is set at 226,000. On the employment-based preference side, a minimum of 140,000 visas will be available each year. As per Section 202, the per-country limit for preference immigrants is capped at 7% of the total annual family-sponsored and employment-based preference limits, translating to approximately 25,620 visas. Additionally, the dependent area limit is established at 2%, amounting to around 7,320 visas.