As of January 2025, EB-5 investors can immediately adjust their immigration status upon filing their I-526E and I-485 petitions. Through adjustment of status, EB-5 investors can remain in the United States and even get work and travel permits in a matter of days.
But the window for adjusting your immigration status is closing soon.
In our latest webinar, EB5AN vice president Ahmed Khan analyzes recent EB-5 processing data, which indicates imminent visa backlogs for the urban (and possibly rural) project categories.
To discover why it’s advisable to invest now and adjust your immigration status, watch the webinar excerpt or read the article summary below.
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Upcoming EB-5 Backlogs, Explained
Act Quickly, Secure Work and Travel Permits in as Fast as 30 Days
Get Started on the EB-5 Process
Upcoming EB-5 Backlogs, Explained
The latest EB-5 processing data reveals significant trends that potential investors should carefully consider. In summary, the urban set-aside visa category (and possibly, the rural category as well) could enter a backlog in a few short months. Chinese and Indian investors may soon be unable to adjust their immigration status, so they should consider investing as soon as possible.
For countries not historically backlogged, such as Taiwan and Korea, urban projects are often the preferred choice. This preference can be attributed to cultural dynamics, as many investors from these countries reside in urbanized areas and feel more familiar with urban projects.
In contrast, Chinese and Indian investors approach their decisions differently. They must weigh the timing of their immigration process alongside factors such as project terms, investment duration, and other conditions.
A growing backlog is coming for urban investors. This backlog stems from the total number of visas required relative to the available supply. Each country is limited to 7% of the total visa allocation. Once these limits are met, the remaining visas are distributed on a first-come, first-served basis. As a result, filings from the rest of the world consume a significant share of the available visas, leaving fewer opportunities for applicants from India and China.
The total visa allocation in 2025, including carryover, is projected to double for both rural and urban categories. Even with conservative estimates of two family members per application, there remains a notable shortage in both categories.
The actual average number of family members per application is closer to 2.5 or 2.6, which exacerbates the shortfall. The Department of State has already issued warnings about this situation in the January Visa Bulletin.
While they have yet to determine the full extent of the backlogs, it is expected that India and China will be most affected.
Investors must decide whether to file an adjustment of status before the backlog impacts their eligibility. Filing after the Visa Bulletin changes from “current” (C) to a specific cutoff date can prevent investors from adjusting their status.
For the high-unemployment urban category, the backlog is almost certain. In the rural category, the situation remains uncertain and depends on how the Department of State assesses the visa numbers.
Historically, once a backlog warning is issued, the actual backlog appears within three months. For instance, in 2019, a backlog for India emerged just one month after the initial warning. While it is unlikely that a backlog will appear immediately, a three-month window is a reasonable expectation. Investors who act promptly to file their applications can avoid complications caused by retrogression.
Filing patterns often spike when program changes are anticipated. A clear example occurred in November 2019, just before the EB-5 program lapsed. The uncertainty about the program’s future and potential changes to investment amounts led to a surge in filings. This influx overwhelmed USCIS, which has taken years to process those applications.
Investors should aim to file early to avoid being caught in a similar surge of last-minute applications.
For those considering EB-5 investments, acting sooner rather than later is essential. Delaying can result in missed opportunities to file an adjustment of status, longer waiting times due to backlogs, and heightened competition as more investors rush to file.
Act Quickly, Secure Work and Travel Permits in as Fast as 30 Days
If you’re considering the EB-5 program, it’s crucial to act quickly. The deadline to ensure you can adjust your status might be as early as March, just a few months away. Once the Visa Bulletin indicates a backlog for the following month, you’ll only have until the end of the current month to file your application. For example, if February’s bulletin shows that March will no longer be current, you must submit your application by the end of February, which is already a short month. This means you’ll have only 20 to 25 days of notice to finalize everything and file.
Meeting this timeline is a significant challenge, especially if you’ve not yet started the process. If you haven’t hired an immigration attorney by the time the Visa Bulletin changes, you’ll likely be scrambling to find one. There are only about a hundred EB-5 attorneys across the country, and not all of them may be equipped or available to handle a last-minute case. Without an attorney, your chances of meeting the deadline diminish greatly.
Before filing, you need to complete your source of funds documentation to the attorney’s satisfaction. This often involves obtaining bank documents and other financial records, which can take time. If it takes a week to gather these documents, the attorney might not have enough time to review and approve them before the filing deadline. Missing this step could leave you unable to proceed.
Selecting a project and conducting due diligence are also critical steps. Investing $800,000 requires careful consideration to ensure the safety of your funds. Rushing this decision due to a looming deadline can lead to poor choices. It’s vital not to let time pressure force you into an investment you’re not comfortable with. Cutting corners or succumbing to external pressure can have long-term consequences for your financial and immigration goals.
Starting early gives you the time to navigate the subscription process, move funds, collect necessary documentation, and understand the tax implications of transferring money from overseas. It also allows you to address the immigration implications, including travel and work restrictions. These steps require strategic planning and cannot be effectively completed in just a few weeks.
Get Started on the EB-5 Process
If you wait until the Visa Bulletin announces a backlog to begin the process, you’re taking a significant risk. Mistakes are more likely when you rush, and there’s a real possibility that your attorney might not be able to file your case in time. Acting now and consulting an attorney to review your documents can help you avoid these pitfalls. Starting early ensures that you’re prepared to file promptly when the Visa Bulletin changes, giving you the best chance of success.
Schedule a free consultation with EB5AN to discuss your situation and immigration goals. Our team can help you get started on the path to a safe EB-5 investment.
In a matter of days or weeks after investing, you could receive an employment authorization document (EAD) and a travel permit.
