What EB-5 Investors Need to Know About Reserved Set-Aside Visas

As is well-known, U.S. immigration policies impose “per-country caps,” with each country allotted a certain percentage of the available Green Cards for employment-based immigrants. While this isn’t an issue for foreign nationals from countries with low visa demand, it does pose an issue for those from countries with high demand, such as China and India. As a result, individuals from these countries face significant delays when applying for Green Cards through U.S. employers.

While the waiting period for Chinese nationals is estimated to be around seven to eight years, for Indian nationals, the wait can be decades long—unless they are exceptional cases, in which case the wait could be reduced to roughly five years. Clearly, visa demand outpacing visa availability for these countries, which leads to what’s known as a backlog, has caused significant delays for Chinese and Indian nationals who are applying through the EB-2 and EB-3 Green Card options.

This is why the EB-5 Immigrant Investor Program is often the best bet for many foreign nationals, including entrepreneurs, technology professionals, healthcare workers, and international students seeking an alternative to the unpredictability of H-1B visa lotteries or the limitations of visa renewal cycles. This pathway provides a means for them to secure a Green Card for themselves and their dependent family members (their spouse and unmarried children under 21).

Additionally, recent updates to the EB-5 program, including the reserved visa categories still listed as “current” in the Visa Bulletin and the opportunity for concurrent filing, offer a rare window of opportunity. However, this opportunity could no longer be available in a few months.

Below, we explore eight common questions and answers regarding the reserved EB-5 visa categories.

What Are the Set-Aside Visa Categories Reserved by the EB-5 Reform and Integrity Act?

In March 2022, Congress passed the EB-5 Reform and Integrity Act (RIA), which established new “reserved” or “set-aside” categories under the EB-5 program to encourage investments in specific U.S. regions. These categories include rural areas, high-unemployment zones, and infrastructure projects, and the visa quotas for these categories are separate from the traditional “unreserved” category.

Furthermore, investments in these designated areas qualify for the reduced investment threshold of $800,000, which is significantly lower than the regular $1,050,000 requirement.

Has There Been an Increase in the Number of EB-5 Visas?

The RIA did not increase the total number of EB-5 visas available. Instead, it redistributed the available visas within the EB-5 program. The rural areas are allocated 20% of the annual visa quota, high-unemployment areas receive 10%, and infrastructure projects are allocated 2%.

How Do Carryovers Work for Reserved Visas?

In case any carry-over reserved visas are left unused in a given year, they will carry over to the next fiscal year, and they will remain within the same reserved category. And in the following year, should they still remain unused, they will be moved into the unreserved category.

Are There Backlogs in the Reserved Visa Categories?

Although the Visa Bulletin currently lists all three reserved EB-5 visa categories—rural, high unemployment, and infrastructure—as “current,” there is already significant demand for these visas. This demand could lead to backlogs for Indian and Chinese nationals in 2025. This potential issue has even been noted in the January 2025 Visa Bulletin.

Nevertheless, this situation offers a unique chance for individuals already in the U.S. to apply for adjustment of status, gaining interim benefits such as five-year renewable work authorization and travel permits. Even if a backlog happens, applicants can continue to enjoy these benefits as long as their application is pending.

In addition, even if they do face new backlogs, the set-aside visa quota gives the opportunity to investors from backlogged countries to skip years of waiting time in the long pre-RIA queues.

Are the Reserved EB-5 Visas Subject to Per-Country Caps?

The reserved EB-5 visa categories are still subject to the 7% per-country cap. However, unused reserved visa numbers from other countries can be redistributed to applicants from countries like India and China.

Do Reserved EB-5 Visas Provide Faster Processing for Applicants From India, China, or Other Countries?

One of the key features of the RIA was prioritizing rural EB-5 projects, allowing faster processing for these cases. The United States Citizenship and Immigration Services (USCIS) has aligned with this priority. This benefit can significantly shorten an EB-5 investor’s waiting time.

This is particularly advantageous for Indian and Chinese nationals, as it enables them to bypass the backlog of unreserved EB-5 applications, speeding up their pathway to permanent residency.

What Are the Potential Downsides to the Reserved EB-5 Visa Categories for Investors?

Investors may have certain concerns regarding project feasibility, return on investment, etc. when considering projects in rural or high-unemployment areas.

But just because they may have these concerns doesn’t mean they have to. EB5AN has sponsored multiple high-quality projects in the reserved categories, both completed and ongoing, such as its rural Twin Lakes Georgia project and its urban ONE Tampa project.

As with any investment, what matters most is that prospective investors conduct thorough due diligence. This process should include consulting with experienced EB-5 immigration attorneys and experienced EB-5 regional center teams before committing to any specific EB-5 project.

What Should We Expect From Fiscal Year 2025?

For fiscal year 2025, there is a substantial supply of reserved EB-5 visas that must be utilized. If these reserved visas are not used by the end of fiscal year 2025, they will be lost.

This creates urgency for USCIS to process enough I-526E forms and adjudicate sufficient I-485 adjustment of status applications. The Department of State must also issue the required immigrant visas. If the government fails to use all reserved visas by the end of fiscal year 2025, it could create a bottleneck for those seeking permanent residency through investments in rural or high-unemployment areas, affecting the future flow of EB-5 investments.

EB5AN Can Help You Get an EB-5 Green Card

While the EB-5 program’s reserved visa categories provide a once-in-a-lifetime opportunity for foreign nationals, particularly those from China and India, to secure U.S. permanent residency more quickly, the process involves careful planning, thorough research, and timely filing to avoid potential delays or lost opportunities—which is why it is essential that prospective investors act promptly before the window closes.

EB5AN has helped more than 2,300 families from 70+ countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and we offer our clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about reserved EB-5 visas, book a free call with our expert team today.