Archives 2025

What Is the Visa Bulletin and Why Does It Matter to EB-5 Investors?

The Visa Bulletin is a monthly publication by the U.S. Department of State. It determines when a green card applicant can proceed to the final stage of their application based on their priority date and country of birth.

For EB-5 investors, the Visa Bulletin controls when you (and your family) can:

• Submit your I-485 Adjustment of Status (if in the U.S.)
• Have your immigrant visa issued by a U.S. consulate (if abroad)

EB-5 Visa Categories Explained

Under the EB-5 Reform and Integrity Act of 2022, the EB-5 category was divided into:

Category	Reserved For	Allocation
Unreserved	General investors	68%
Rural (Set-Aside)	Rural area projects	20%
High-Unemployment (Set-Aside)	TEA zones (Urban or rural)	10%
Infrastructure (Set-Aside)	Public/private infrastructure	2%

Each category follows its own Visa Bulletin status.

Visa Bulletin for June 2025 – EB-5 Final Action Dates

Summary (Final Action Dates – Chart A)

EB-5 Category	China	India	Other Countries
Unreserved (C5, T5, I5, R5, NU, RU)	22JAN2014	01MAY2019	Current
Rural Set-Aside (20%)	Current	Current	Current
High-Unemployment Set-Aside (10%)	Current	Current	Current
Infrastructure Set-Aside (2%)	Current	Current	Current

• “Current” (C) = No backlog; visas are available immediately.
• Date shown = Backlog; only applicants with earlier priority dates may proceed.

How to Find and Interpret Your EB-5 Priority Date

Your priority date is the date your I-526 or I-526E petition was filed with USCIS. You can find it on your I-797 receipt notice.

Compare this date with the “Final Action Date” in the current Visa Bulletin. If your priority date is before or equal to the listed date, you are eligible to proceed.

Key Observations in 2025

• China-born investors in unreserved projects continue to face long wait times — more than 11 years of backlog.
• All reserved categories (Rural, High-Unemployment, Infrastructure) are Current for all countries, including China and India.
• Concurrent filing (I-526E + I-485) is only available to investors in the U.S. whose category is Current.

Backlog vs. No Backlog: What Should EB-5 Investors Choose?

Factor	Backlogged (Unreserved)	No Backlog (Reserved)
Green Card Wait Time	5–15+ years (varies)	~2 years (typical)
Eligibility for I-485	Limited by cutoff	Available if Current
CSPA Child Age-Out Risk	High	Low
Best for China/India nationals	No	Yes
Stability	Lower	Higher

Strategic Tip: Choose a reserved project, especially a Rural project, to avoid delays and maximize your investment outcome.

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Recommendations for EB-5 Investors

If you already invested in an unreserved project and are stuck in backlog:

• File a mandamus action if your case is unreasonably delayed.
• Consider re-investing in a reserved project if eligible.

If you are planning a new EB-5 investment in 2025:

• Prioritize reserved projects, especially rural area offerings.
• Use a lawyer to vet the regional center and perform due diligence.

Frequently Asked Questions (FAQs)

Q1: I filed my I-526 in 2017 and was born in China. Can I get a green card in 2025?

Only if your priority date is before Jan 22, 2014, based on the June 2025 bulletin for unreserved EB-5. Otherwise, you must wait.

Q2: If I invest in a rural EB-5 project now, will I be subject to a backlog?

No, as of June 2025, all reserved categories including rural are Current — no backlog.

Contact Wang Law LLC

We provide comprehensive support for EB-5 investors from initial investment structuring to green card filing. With years of experience and bilingual service (English & Chinese), we help investors make smart, compliant decisions.

• Website: www.wanglaw.com
• Email: david@wanglaw.com
• Phone: +1 (312) 519-1115
• Serving U.S., Canada, China-based clients

Overview of EB-5 Visa Category Allocation (FY 2025)

Under U.S. immigration law, 7.1% of the worldwide employment-based green card quota is allocated to EB-5 investors. Following the 2022 EB-5 Reform and Integrity Act, 32% of EB-5 visas are reserved for the following special categories:

• 20% for Rural Projects
• 10% for High-Unemployment Area Projects
• 2% for Infrastructure Projects

The remaining 68% are categorized as “unreserved” and are subject to country caps and possible backlogs.

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What Is the EB-5 Backlog?

A visa backlog occurs when the demand for EB-5 green cards exceeds the annual supply for applicants from a specific country. When this happens, only those with a priority date earlier than the posted “Final Action Date” in the Visa Bulletin can move forward to green card approval.

• “C” = Current: no backlog; visas available for all qualified applicants.
• Date shown = Backlogged: only those with priority dates before that date may proceed.

Final Action Dates for EB-5 (Visa Bulletin – June 2025)

Category	China (Mainland-born)	India	All Other Countries
Unreserved (C5, T5, I5, R5, NU, RU)	📌 22JAN2014 (backlogged)	01MAY2019	Current ✅
Reserved – Rural (20%)	Current ✅	Current ✅	Current ✅
Reserved – High Unemployment (10%)	Current ✅	Current ✅	Current ✅
Reserved – Infrastructure (2%)	Current ✅	Current ✅	Current ✅

For Chinese-born applicants, only reserved EB-5 categories are current in 2025. All unreserved projects are significantly backlogged.

Comparison: Backlogged vs. No-Backlog EB-5 Projects

Factor	Backlogged Projects (Unreserved)	Reserved Projects (Rural, TEA, Infrastructure)
Green Card Wait Time	5+ years (China)	1.5–2 years (typical)
Priority Date	Backlogged	Current
Child Aging-Out Risk	High	Low (protected under CSPA)
Investment Amount	$800K / $1.05M	$800K (with faster processing)
Concurrent Filing (I-526E + I-485)	Not always available	Yes (if in the U.S.)
Risk of Policy Change	Higher over long wait	Lower with quicker approval

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FAQs

Q1: I’m born in mainland China. How can I avoid the backlog?

Answer: Only by choosing a reserved EB-5 project (rural, high-unemployment, or infrastructure) can you bypass the current unreserved category backlog. These categories are “current” in 2025.

Q2: Are all rural or TEA projects guaranteed to be “no backlog”?

Yes, as of the June 2025 Visa Bulletin, all reserved EB-5 categories are marked “C” (Current). Rural projects are prioritized by law and typically see the fastest processing under USCIS.

Strategic Recommendations

You should strongly consider a reserved EB-5 project if you:

• Have children nearing age 21
• Want to obtain a green card in 2 years or less
• Plan to adjust status inside the U.S. via concurrent filing
• Prefer less exposure to policy or quota risk

Tip: Choose a reputable project from an approved regional center with full fund transparency and compliance with USCIS integrity rules.

Wang Law LLC – Your Trusted EB-5 Partner

Our firm specializes in EB-5 immigration law and regularly represents investors from China, Canada, and beyond. We assist with:

• Project due diligence (no referral bias)
• Source of funds and fund path compliance
• I-526E petition preparation
• Concurrent I-485 filing (U.S.-based applicants)
• CSPA strategy to protect aging-out children

📞 Schedule a Consultation With Us

• Wang Law LLC/WANG LAW GROUP
• Website: www.wanglaw.com
• Email: david@wanglaw.com
• Phone: +1 (312) 519-1115
• Based in Illinois, serving clients across the U.S., Canada, and China

When applicants file Form I-131 to request a Re-entry Permit or Advance Parole Document, they can choose to receive the document either:

• At their U.S. mailing address, or
• At a designated U.S. consulate abroad (such as the U.S. Consulate in Shanghai).

For clients who choose consular pick-up, it’s common to be confused when the USCIS case status says:

“Document was mailed to me”
— and the USPS tracking shows that the destination address is in Washington, DC, not the selected overseas consulate.

This situation leads to frequent questions like:

• Did USCIS send the travel document to the wrong place?
• Why was it mailed to D.C. if I requested to pick it up abroad?
• Will the consulate still receive the document?

The short answer: Yes, this is completely normal and part of USCIS’s standard routing process.

Common Client Confusion: “Was My Travel Document Sent to the Wrong Address?”

If your I-131 case status shows “Document was mailed to me,” and the tracking number indicates delivery in Washington, DC, don’t panic. This does not mean the document was mistakenly sent to you or to the wrong place.

Instead, it means USCIS has completed the travel document and mailed it to a U.S. government agency in Washington, DC for inter-agency processing before final international dispatch.

Why Are Travel Documents Routed Through Washington, DC?

When you select “consular pick-up” on Form I-131, USCIS does not send your document directly to the overseas consulate. Here’s the actual flow:

• USCIS completes and prints the travel document (e.g., Re-entry Permit or Advance Parole).
• Instead of sending it directly overseas, USCIS mails the document to the U.S. Department of State or the National Visa Center (NVC) in Washington, DC.
  • Address may look like: U.S. Department of State Visa Office / NVC Washington, DC
• The Department of State then forwards the document to the requested consulate via the Diplomatic Pouch—a secure international delivery system used by U.S. embassies and consulates.

Why Does USCIS Say “Mailed to Me”?

This is a generic case status message used by USCIS to indicate the document has left their facility. However:

• “Me” does not mean the applicant personally.
• It refers to the next recipient in the chain—usually the State Department or NVC in DC.
• The document is not lost and was not misdelivered.

How Long Does It Take to Reach the Overseas Consulate?

From the time USCIS mails the document to D.C., allow:

• 2 to 6 weeks (or longer in some cases) for diplomatic pouch transfer to the overseas consulate.
• Once received, the U.S. consulate will notify the applicant directly to arrange pickup.

Unfortunately, this part of the process does not have public tracking, so patience is essential.

What Should You or Your Attorney Do?

Here are steps we recommend:

Track the initial delivery to Washington, DC via USPS or UPS (usually shown in your USCIS online account).

Wait 2–6 weeks, then contact the consulate where you chose to receive the document.

Inquire with the consulate via email (check the consulate’s official website for instructions on travel document pick-up).

Need urgent travel? Talk to your immigration attorney about possible expedite options or in-country alternatives.

If you chose consular pick-up for your I-131 travel document and see that it was mailed to Washington, DC, this is not a mistake. It’s part of the normal overseas routing procedure.

The U.S. Department of State will handle forwarding the document to your selected U.S. consulate, and you will be contacted by consulate staff once it arrives.

Need Help with I-131 or Advance Parole Applications?

At Wang Law LLC, we have helped hundreds of clients navigate USCIS travel document applications, consular pick-up options, and expedite requests. We are committed to ensuring your document arrives where it should—when you need it.

Wang Law LLC – U.S. & Canadian Immigration Lawyers
Offices in Chicago & Toronto
Email: david@wanglaw.com
Website: www.wanglaw.com
Phone: 312-519-1115

For many H1B visa holders who have transitioned from F1 student status, an unexpected issue may arise when checking their I-94 records: the system still reflects their previous F1 status instead of H1B. This discrepancy can lead to confusion and potential legal complications. Below, we explore the common reasons behind this issue and provide guidance on how to resolve it.

Understanding the I-94 Record

The I-94 is an essential document that reflects a non-citizen’s most recent admission status in the United States. This record is maintained by U.S. Customs and Border Protection (CBP) and is crucial for verifying lawful status, work authorization, and eligibility for benefits.

Common Reasons for an Incorrect I-94 Status

1. I-94 Not Updated After Change of Status Approval
   When an individual applies for an H1B visa while in the U.S. through a Change of Status (COS) petition (via Form I-129), USCIS typically issues an I-797A approval notice, which includes a new I-94 reflecting the approved H1B status. However, this update may not automatically reflect in the CBP I-94 system, which continues to show the prior F1 status.
2. Consular Processing Instead of Change of Status
   If the H1B petition was approved through consular processing, rather than COS, the individual must exit and re-enter the U.S. using their H1B visa to receive a new I-94 reflecting their H1B status. Until this step is completed, the CBP system may continue to display F1 status.
3. USCIS and CBP Database Discrepancy
   USCIS and CBP operate separate systems, and sometimes the updates from USCIS (such as an approved change of status) do not immediately reflect in CBP’s records.
4. SEVIS Record Not Properly Terminated
   When transitioning from F1 to H1B, the individual’s SEVIS record should be terminated by their Designated School Official (DSO). If this does not happen properly, CBP may continue to recognize the individual as an F1 student.

How to Resolve the Issue

If you have checked your I-94 and found that it still reflects F1 status despite an H1B approval, consider the following steps:

1. Check Your I-797A Approval Notice
   If your H1B petition was approved with a Change of Status, your I-797A approval notice should contain a new I-94 at the bottom. This I-94 governs your current status, even if the CBP system does not reflect it.
2. Contact Your Employer or Immigration Attorney
   Employers and attorneys can help verify whether the H1B was approved as a Change of Status or consular processing. If there was a mistake in the petition type, corrective action may be needed.
3. Travel and Re-enter the U.S.
   If your H1B was approved through consular processing, the only way to update your I-94 to reflect H1B status is to travel outside the U.S. and re-enter using your H1B visa. Upon re-entry, CBP will issue a new I-94.
4. Request a Correction from CBP
   If your I-797A includes an updated I-94 but the online CBP system does not reflect it, you may visit a local CBP Deferred Inspection Site to request a correction. Bring your H1B approval notice and other supporting documents.
5. Ensure SEVIS Record is Closed
   If your school’s DSO has not properly terminated your SEVIS record, you should contact them and request immediate closure to avoid potential conflicts with your H1B status.

Conclusion

Having an outdated I-94 status can lead to complications with work authorization, driver’s license renewals, and other immigration-related matters. If you find yourself in this situation, it is critical to determine the root cause and take corrective action as soon as possible. Consulting with an immigration attorney can help navigate the process efficiently and ensure compliance with U.S. immigration laws.

For further assistance with I-94 corrections, H1B transitions, or other immigration matters, contact our law firm today.

Does a Concurrent H-1B Affect PERM and Green Card Applications?

Short Answer: Generally, holding a Concurrent H-1B (part-time H-1B) does not directly impact your PERM or green card application, but it may introduce complexities depending on job arrangements, USCIS scrutiny, and employer sponsorship willingness.

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Understanding USCIS Marriage Fraud Investigations

Marriage fraud is a serious offense under U.S. immigration law. The U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) actively investigate suspected fraudulent marriages through rigorous scrutiny. Under the Immigration and Nationality Act (INA) §204(c), a petition for a foreign spouse may be denied if there is evidence of a prior fraudulent marriage.

Marriage fraud includes:

• Entering a marriage solely for immigration benefits.
• Misrepresenting material facts to obtain a green card.
• Failing to establish a bona fide marital relationship.

Applicants and petitioners must be prepared for detailed questioning, home visits, and document verification. Violations can result in green card denial, removal proceedings, fines, and even criminal penalties.

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Key Areas of USCIS Scrutiny

To confirm the legitimacy of a marriage, USCIS officers conduct thorough reviews. Here are three primary areas they focus on:

1. Home and Living Arrangements

USCIS officers may conduct unannounced home visits, checking:

• Whether spouses live together.
• If clothes, personal items, and hygiene products are appropriately placed.
• Whether the refrigerator contains food suitable for both partners.
• Consistency in shared living spaces.

2. Personal and Financial Details

Interview questions often cover:

• The exact date and location of the wedding.
• Shared finances, such as joint bank accounts and tax filings.
• Rental agreements, mortgage statements, and utility bills.
• Documented communication, such as emails, messages, and call logs.
• Travel history, joint vacations, and celebrations together.

3. Relationship Timeline and Consistency

Discrepancies in personal history can lead to suspicion. Officers may check:

• Details of how the couple met and their first date.
• Important life events, such as birthdays and anniversaries.
• Family interactions and knowledge of each other’s relatives.
• Use of shared digital accounts and home WiFi.

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Consequences of Marriage Fraud

Violating marriage-based immigration laws carries severe penalties, including:

• Denial of Green Card & Permanent Bar: INA §204(c) prohibits approval of any future petitions if marriage fraud is determined.
• Deportation & Inadmissibility: Foreign nationals found guilty may face deportation and a permanent bar from returning to the U.S.
• Criminal Charges & Fines: Marriage fraud can lead to felony charges, with fines up to $250,000 and up to five years in prison under 8 U.S.C. §1256(c).
• Sponsor Liability: U.S. citizens or lawful permanent residents involved in fraudulent marriages can face legal consequences, including appearing on immigration fraud watch lists, which may affect future petitions.

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How to Prove a Bona Fide Marriage

A legitimate marriage requires credible documentation and consistent testimony. Couples should:

• Maintain joint financial accounts and assets.
• Document shared experiences, including photos, correspondence, and travel records.
• Keep receipts of gifts, holiday plans, and mutual investments.
• Provide affidavits from family, friends, and neighbors confirming the authenticity of their marriage.
• Be prepared for detailed interviews and home inspections.

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Why Choose Wang Law LLC?

At Wang Law LLC, we specialize in immigration law, ensuring that our clients navigate marriage-based petitions legally and successfully. Our experienced attorneys:

• Guide you through I-130 and I-485 petitions.
• Help compile strong evidence of a bona fide marriage.
• Prepare you for USCIS marriage interviews.
• Represent you in case of RFEs (Requests for Evidence) or NOIDs (Notices of Intent to Deny).
• Defend clients against wrongful fraud accusations.

If you are considering a marriage-based green card application or have concerns about USCIS scrutiny, contact Wang Law LLC today at 708-966-9999, email us at david@wanglaw.com, or visit www.wanglaw.com to schedule a consultation.

What Is Form I-140?

Form I-140, officially known as the “Immigrant Petition for Alien Worker,” is a critical step in the employment-based green card process in the United States. This petition is filed by a U.S. employer (or, in some cases, the foreign worker themselves) to sponsor a foreign national for permanent residency. The form applies to several employment-based (EB) immigrant visa categories, including EB-1, EB-2, and EB-3.

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Why Is Form I-140 Important?

Form I-140 plays a central role in the employment-based green card process:

1. Pathway to Permanent Residency: It serves as the formal request for a foreign worker to receive a green card, allowing them to live and work permanently in the U.S.
2. Eligibility Confirmation: Approval of Form I-140 demonstrates that the worker meets the requirements of the specific EB category.
3. Supports U.S. Workforce Needs: Enables employers to fill skilled positions when qualified U.S. workers are unavailable.
4. Enables Further Immigration Steps: Upon approval, the worker can file Form I-485 to adjust status to permanent resident or proceed with consular processing.
5. Provides Interim Benefits: Approval can allow for H-1B extensions and, in certain cases, job portability under INA 204(j).

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Filing Fees for Form I-140 in 2025

Base Filing Fee

• $715 for all petitioners.

Asylum Program Fee

Introduced in January 2024, this fee supports asylum processing costs. It applies to most Form I-140 petitioners and varies based on the employer’s type:

Petitioner Type	Asylum Program Fee	Total Fee
Nonprofit/Small Business	$0	$715 (base fee only)
Small Business (≤25 employees)	$300	$1,015 ($715 + $300)
All Other Petitioners	$600	$1,315 ($715 + $600)

Note: Fees are non-refundable and subject to change. Always verify current fees on the USCIS website.

Payment Tips

• Pay the base filing fee and the Asylum Program Fee separately.
• Accepted payment methods: money order, personal check, cashier’s check, or credit card (via Form G-1450).
• Make checks payable to the U.S. Department of Homeland Security (DHS).

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Processing Times and Premium Processing

Average Processing Times (FY 2025)

Processing times for Form I-140 vary by visa category and USCIS service center:

Visa Type	EB Category	Nebraska (months)	Texas (months)	Average (months)
E11	EB-1A (Extraordinary Ability)	12.5	14	13
E12	EB-1B (Outstanding Professor)	11.5	10	11
E21	EB-2 (NIW)	11	9.5	10
E31	EB-3 (Skilled Worker)	8	8	8
Schedule A	EB-3 (Nurses)	11.5	9	10

Premium Processing

• Cost: $2,805
• Processing Time: 15–45 calendar days
• Available for many I-140 categories, including EB-1C and EB-2 (NIW).

Note: Premium processing expedites the review but does not guarantee approval.

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Eligibility Categories for Form I-140

Employment-Based (EB) Categories

1. EB-1: Priority workers, such as those with extraordinary ability, outstanding professors, and multinational executives.
2. EB-2: Individuals with advanced degrees or exceptional ability.
3. EB-3: Professionals, skilled workers, and other workers.
4. EB-4: Special immigrants, such as religious workers and U.S. foreign service employees.
5. EB-5: Investors meeting job creation and investment requirements.

Self-Petitioning

• Allowed for certain EB-1 and EB-2 (NIW) categories.

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Supporting Documents for Form I-140

For Employers:

• Proof of ability to pay the offered wage (e.g., financial statements or tax returns).
• Job offer letter.
• Approved labor certification (if required).

For Employees:

• Resume or CV.
• Educational credentials (e.g., diplomas, transcripts).
• Letters of recommendation and evidence of work experience.
• Valid passport and proof of current visa status.

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Special Circumstances

Job Portability (INA 204(j))

• Beneficiaries of approved or pending I-140 petitions may change jobs if:
  • Form I-485 has been pending for 180+ days.
  • The new job is in the same or similar occupational classification.

Successor-in-Interest (SII) Employers

• In cases of mergers or acquisitions, the new employer may assume the original I-140 petition.

Withdrawing Form I-140

• Employers may withdraw the petition, but beneficiaries may retain the priority date under certain conditions.

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Key Takeaways

• I-140 approval is not a green card: It’s a step toward permanent residency.
• Priority date matters: Determines visa availability based on the Visa Bulletin.
• Benefits of approval: Allows for H-1B extensions and possible job portability.

For tailored advice and assistance with your Form I-140 filing, contact WANG LAW LLC. Our experienced team is here to guide employers and employees through the complexities of U.S. immigration law.