With recent changes highlighted in the April 2025 Visa Bulletin for the EB-5 visa, it is more important than ever for potential investors to understand the differences between the EB-5 set-aside categories and the unreserved categories. This understanding is crucial as it directly impacts the waiting times and availability of visas, especially in light of significant retrogression for countries like India and China.
In this article, we will break down these two categories, explain the implications of retrogression, and offer advice to investors on how to avoid future delays.
What Are EB-5 Set-Aside and Unreserved Categories?
Recent Changes: Growing Retrogression for India and China
Unreserved Visa Backlogs and How They Affect Applicants
What Investors Can Do to Avoid Delays
Expert Guidance on Choosing the Right EB-5 Visa Category
What Are EB-5 Set-Aside and Unreserved Categories?
The EB-5 program has two primary categories: the newer reserved set-aside categories and the legacy unreserved categories.
Reserved Set-Aside Categories
Reserved set-aside categories apply to certain infrastructure projects and projects in designated targeted employment areas (TEAs). The U.S. government reserves 32% of EB-5 visas for investments in these categories to promote economic growth in specific regions. So far, these set-aside categories have remained “current” since their introduction under the EB-5 Reform and Integrity Act of 2022 (RIA), offering faster timelines for investors who choose qualifying projects.
Unreserved Categories
These are the standard EB-5 visas, available to all applicants, regardless of the location of their investment. Investors applying under the unreserved category face competition for the available visas and can experience longer waiting times, especially if their country of origin has a high number of applicants.
Recent Changes: Growing Retrogression for India and China
The April 2025 Visa Bulletin introduced significant changes, particularly for investors from India and China. Retrogression refers to the backward movement of visa processing dates, which can significantly delay the immigration process for applicants in affected countries. In the most recent bulletin, retrogression was observed in the unreserved EB-5 categories for both India and China, resulting in longer waiting times for those who applied in these categories.
However, the set-aside categories for India and China remain current, meaning that applicants from these countries can still process their visas without facing delays, provided they are investing in projects located in targeted employment areas (TEAs). This situation underscores the importance of understanding which category you are applying under.
The unreserved EB-5 category is subject to significant backlogs, especially for investors from countries with high demand, such as India and China. The backlog in these categories is a direct consequence of the high number of applicants and the limited number of visas available. These delays are not just an inconvenience—they can also affect the timing of the investor’s ability to bring their family members to the U.S. or transition to permanent residency.
What Investors Can Do to Avoid Delays
While pre-RIA investors have limited options to address the growing visa retrogression in the unreserved category, potential EB-5 investors should take proactive steps to avoid delays.
If you are an investor from India or China, it is crucial to avoid the unreserved visa category and invest under a set-aside category. Even then, the most effective way to minimize delays is to file your application as soon as possible. By submitting your petition early, you can secure your priority date before upcoming backlogs appear on the Visa Bulletin for these categories.
Waiting to invest until a backlog clears can be a risky strategy, as visa availability can change at any time based on demand and government priorities. By acting now, you can secure your opportunity to invest in a qualifying project and start the process, ultimately saving time and reducing stress.
If you are eligible, consider filing your Form I-485 (Application to Adjust Status) concurrently with your EB-5 petition. This can allow you to obtain employment authorization and travel documents more quickly while ensuring you can legally remain in the U.S. during Green Card processing. However, Indian and Chinese EB-5 investors will lose this benefit if their investment category retrogresses on the Visa Bulletin.
The Visa Bulletin is updated monthly, and staying informed about changes can help you plan your investment strategy accordingly. Visa availability and retrogression dates can shift rapidly, so it is essential to track these updates and adjust your timeline as needed.
Expert Guidance on Choosing the Right EB-5 Visa Category
Understanding the differences between the EB-5 set-aside and unreserved categories are becoming increasingly important, especially as retrogression keeps affecting high-demand countries like India and China. By learning about these categories and taking action now, potential investors can avoid the long waiting times and uncertainties that come with the unreserved category. Filing promptly and considering investments in set-aside categories can give you a clear advantage in securing your U.S. Green Card without unnecessary delays.
Working with experienced EB-5 professionals and immigration attorneys can also help you select the right investment and benefit you through the application process. These professionals can help you understand the nuances of visa retrogression and ensure that your application is filed at the most strategic time.
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 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.
