EB-5 Old Policy Advances 220 Days, New Policy Remains Current‌

The U.S. Department of State Visa Office has released the December 2025 U.S. Immigration Visa Bulletin. The December U.S. immigration visa bulletin is out: The U.S. EB-5 Immigrant Investor Program old policy Chart A advances significantly by 220 days, while EB-1 and EB-2 categories see Chart A advances of 1-2 months. The U.S. EB-5 Immigrant Investor Program new policy continues to remain current.


Chart A:‌ Final Action Date (FAD) chart of the Visa Bulletin.


Chart B:‌ Dates for Filing Application (DFA) chart of the Visa Bulletin.

U.S. EB-5 Immigrant Investor Program Old Policy: Significant Advance of 220 Days‌
For mainland China-born EB-5 old policy investors, the December visa bulletin undoubtedly provides a strong boost.
The most exciting development is that the EB-5 Chart A cut-off date advances significantly by 220 days, reclaiming the "lost ground" from the retrogression in April this year, returning to July 15, 2016. This critical advance means a large number of long-pending applications are about to enter the green light phase for adjudication.
Meanwhile, the Chart B cut-off date also advances slightly by 21 days, reaching July 22, 2016.

EB-5 New Policy: Still Current‌
The EB-5 set-aside categories under the new law remain current in the December Visa Bulletin, preserving a crucial golden window period for applicants intending to immigrate to the U.S. through this route.

Why must one seize the current "current" window? Behind it lies a race between opportunity and risk:‌

The "Concurrent Filing" Benefit Window:‌
The greatest value of the current status lies in opening the "Concurrent Filing" fast track for applicants physically present in the U.S.
Applicants can concurrently file the I-526E immigrant petition and the I-485 Application to Adjust Status, thereby quickly obtaining the Employment Authorization Document (EAD) and Advance Parole (AP), commonly referred to as the "Combo Card." This allows them to achieve the goals of working legally in the U.S., traveling freely, and awaiting their green card with peace of mind ahead of time.

The Inevitability and Urgency of a Visa Backlog Forming:‌
This "current" status is determined by the temporary sufficiency of visa quotas under the new law. However, as global application volumes continue to pour in, the rate of visa number consumption is constantly accelerating.
It is widely predicted within the industry that a visa backlog for the EB-5 new policy is highly likely to emerge in 2026. Once a backlog forms, eligibility for "Concurrent Filing" will disappear immediately. Applicants would then have to wait until their priority date becomes current before filing the I-485, significantly lengthening the entire process and eliminating the current efficiency and convenience.
Therefore, for eligible investors, every single day at present is crucial. The key to action is to submit the application as soon as possible to lock in the earliest possible "Priority Date." It is recommended that interested applicants must seize this final valuable window and initiate the process promptly, avoiding the mistake of missing this opportunity due to hesitation.

EB-1 and EB-2‌
Following the significant advances in the October visa bulletin, the EB-1 category continues to move forward steadily in December. Among them, the Chart A cut-off date advances by 31 days, to January 22, 2023; the Chart B date remains unchanged, still at May 15, 2023. The continuous forward movement in the new fiscal year provides ongoing benefits for top talent seeking status.
EB-1A, as a premium category within U.S. employment-based immigration, continues to hold its unique advantages and appeal. Applicants do not require investment, a labor certification, an employer sponsor, specific language/educational background, features low costs, and offers high cost-effectiveness. Upon successful approval of the principal applicant's petition, the entire family (spouse and unmarried children under 21) can obtain U.S. permanent green cards.
The EB-2 category (including the National Interest Waiver - NIW) also sees positive progress, with the cut-off dates advancing slightly. Its Chart A advances by 61 days, reaching June 1, 2021; the Chart B date remains at December 1, 2021. This is undoubtedly a positive signal worthy of attention for a wide range of professionals with advanced degrees and NIW applicants.
The NIW provides a shortcut to U.S. immigration for global outstanding talent. This project is not constrained by factors such as education, language, or age, does not require an employer sponsor, nor does it require a labor certification. Adjudication is relatively fast. One application allows the entire family to obtain permanent residency directly. The overall processing cost is only around 400,000 RMB, making it highly cost-effective.

According to the latest USCIS announcement, Chart B will be open for use for all employment-based and family-sponsored immigration categories in December.
If your Priority Date is earlier than the date listed for your category in Chart B, and you are physically present in the United States, you may be eligible to file the I-485 Application to Adjust Status early, concurrently applying for work authorization and travel documents.