The U.S. Department of State (“DOS”) recently released the October 2022 Visa Bulletin, and it showed two new developments for EB-5 investors: (1) priority date retrogression of the 5th Unreserved Final Action Date (“FAD”) for China-mainland born from December 22, 2015 to March 22, 2015, and (2) creation of a 5th Unreserved FAD for India of November 8, 2019. The FAD has remained current for all other countries in the EB-5 Unreserved categories, and for all countries in the EB-5 “Set-Aside” categories. USCIS also announced that it will accept employment-based adjustment of status applications with priority dates that are earlier than the Dates for Filing (“DFF”) listed in the Department of State’s October Visa Bulletin. The 5th Unreserved DFF is January 1, 2016 for China-mainland born and is December 8, 2019 for India. For Indian nationals in the United States, this will not prevent many from applying for adjustment of status because nearly all Form I-526s were filed before the now-vacated EB-5 Immigrant Investor Program Modernization regulations that became effective date on November 21, 2019. For China-mainland EB-5 investors abroad, however, the large retrogression is surprising, especially given the amount of visa numbers available in FYs 2021 and 2022 that […]