For many individuals seeking a path to permanent residency in the United States, the EB-5 Immigrant Investor Program offers an opportunity unlike any other. The program, which grants U.S. Green Cards to international individuals who invest in qualified U.S. new commercial enterprises, has been a popular choice for those looking to build a future in the U.S. However, with new developments in the program and recent shifts in visa availability, there has never been a more critical time for prospective investors to act swiftly.
If you’ve been considering the EB-5 program, 2025 could be the year that you finally receive your U.S. Green Card—provided that you act quickly. The timeline for obtaining a Green Card through the EB-5 program has never been shorter, and waiting too long could cost you the chance to benefit from concurrently filing for adjustment of status.
Let’s break down why 2025 might be your best opportunity to move forward, and why you should take action now before the window closes.
Why Timing Matters
For those who are eligible, the EB-5 process generally involves making an investment of at least $800,000 in a targeted employment area (TEA), or $1,050,000 outside TEAs into a U.S. new commercial enterprise that creates at least 10 jobs for American workers. Once the investment is made and the application is processed, investors can apply for conditional permanent residency.
However, the U.S. government sets visa limits each year for each country under the EB-5 program. As demand for EB-5 visas has surged in recent years, many countries have seen long waiting lists or “retrogressions” under the “unreserved” category in the Visa Bulletin. This means that the availability of EB-5 visas for nationals of certain countries, like China and India, has slowed significantly, and investors find themselves waiting years before they can apply for a Green Card.
To battle these backlogs, updates were made to the U.S. immigration system with the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA). The RIA created new set-aside visa categories with reserved visa numbers, which presented the opportunity for Indian and Chinese investors to apply for EB-5 Green Cards without having to wait in long queues. This legislation also introduced the option to file for adjustment of status concurrently with an EB-5 application for investors based in the U.S. with a visa immediately available to them.
However, this opportunity will no longer be available once a category retrogresses on the monthly Visa Bulletin. This is why, if you’re planning on using the EB-5 program as your route to a U.S. Green Card, time is of the essence.
Why You Should Invest Now
The January visa bulletin hinted at potential backlogs in set-aside categories, especially in the high-unemployment TEA category, which may soon no longer be “current.”
Given the rapid changes in the EB-5 program and the Visa Bulletin, there is a limited window of opportunity for new investors to take advantage of concurrent filing and adjust their status without the additional wait. If you invest in an EB-5 project now, you could potentially receive your Green Card as early as 2025, provided you’re from a country that is still in “current” status on the Visa Bulletin.
Here are several compelling reasons why you should consider investing in the EB-5 program soon:
Faster Processing Times
One of the most significant advantages of acting now is that the processing time for an EB-5 petition is currently faster than it likely ever will be. New regulations and policies have streamlined the process, and many United States Citizenship and Immigration Services (USCIS) offices are working to process applications more efficiently.
For instance, the I-526E petition (which is the first step in the EB-5 process) is expected to take less time for approval compared to previous years, especially for investors in rural TEA projects who submit complete and well-prepared applications.
By starting your investment now, you’re positioning yourself to potentially receive your conditional Green Card as early as 2025.
Avoiding Retrogression
Retrogressions mean that investors from these countries may face extended waiting periods for their priority dates to become current.
If you’re from a country soon to face retrogression, investing now might allow you to beat the backlog and get ahead of the waiting list. The sooner you invest, the better your chances are of securing a Green Card sooner rather than later.
Concurrent Filing Advantage
As of now, applicants from countries without retrogression are still able to take advantage of concurrent filing, as long as they reside in the U.S. on valid non-immigrant visas. This means you can file both your I-526E petition and your I-485 (adjustment of status) petition at the same time, speeding up the entire process. You can also “lock in” your visa status as “pending adjustment” once you do this and apply for work and travel permits, which allow you to stay and work in the U.S. almost exactly like a Green Card holder would.
However, once a retrogression occurs for your country, concurrent filing will no longer be an option. This means that you will have to wait until your priority date becomes current, adding significant delays to the process. Therefore, acting quickly is crucial if you want to take full advantage of concurrent filing and avoid unnecessary delays.
What’s Next?
If you are ready to move forward with an EB-5 investment, it’s important to select a qualified, reputable EB-5 regional center or investment opportunity. Make sure that the project you choose is compliant with U.S. immigration laws and is financially stable.
The EB-5 process can be complex, and it’s essential to work with an experienced immigration attorney who specializes in EB-5. They will help guide you through the process, ensuring all your paperwork is in order.
EB5AN Can Help You Get a Green Card in 2025
The EB-5 program remains one of the most effective paths to obtaining a U.S. Green Card, but the window to take advantage of the current system may soon be closing. By investing in the EB-5 program now, you can maximize your chances of receiving your Green Card in 2025 and avoid delays caused by retrogression in the reserved categories.
The EB-5 program offers a unique opportunity to secure your family’s future in the United States. Don’t wait until it’s too late—make your move today and get started on your journey to U.S. permanent residency.
EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our team has more than a decade of experience and offers 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 your EB-5 investment options, book a free call with our expert team today.
