As the U.S. government approaches the close of its fiscal year on September 30, 2025, the EB-5 Immigrant Investor Program is showing a sharply divided landscape. Some investors are experiencing faster progress and record approval rates, while others remain stuck in long backlogs and bureaucratic delays.
The August 2025 Visa Bulletin offers a window into what’s currently moving and what may come to a halt in the coming weeks. If you’re an EB-5 investor or considering becoming one, now is the time to understand the evolving timeline, regulatory environment, and what these changes mean for your path to permanent residency.
EB-5 Visa Availability in August
Rural vs. Urban: The Divide in EB-5 Processing
The Impact of the RIA
Pressure on Employment-Based Categories Across the Board
The Countdown to Fiscal Year-End
What Investors Should Do Now
- Focus on Rural Projects
- Prioritize I-956F-Approved Projects
- Monitor Visa Bulletins Closely
- File Before September 30, If Eligible
A Critical Moment for EB-5 Investors
EB-5 Visa Availability in August
The headline news from the August Visa Bulletin is the unexpected forward movement in the unreserved EB-5 category, especially for investors from China and India, two countries that have long experienced delays due to oversubscription.
- China’s final action date advanced significantly from October 1, 2013, to December 8, 2015, marking a rare two-year leap.
- India’s final action date moved ahead more than six months, from May 1, 2019, to November 15, 2019.
These changes allow more pre-RIA investors to proceed to Green Card issuance this month. However, the Department of State also cautioned that the EB-5 unreserved category could become unavailable before the fiscal year ends if visa demand increases.
Rural vs. Urban: The Divide in EB-5 Processing
Beneath the surface of visa bulletins and filing dates lies a much more telling trend: rural EB-5 projects are outpacing urban projects by a wide margin in both processing speed and approval rates.
Since the passage of the EB-5 Reform and Integrity Act (RIA) of 2022, the U.S. government has prioritized rural projects by granting them both a dedicated set-aside visa category and priority processing. While urban high-unemployment TEA projects also receive set-aside visas, they do not benefit from expedited adjudication. As a result, rural investments have so far avoided the backlogs plaguing most urban filings.
Between February 2023 and January 2025, USCIS adjudicated rural I-526E petitions at approximately 13 times the rate of urban ones, according to internal adjudication data. Nearly 27% of rural filings were adjudicated, while over 98% of urban I-526E petitions remained pending.
The Impact of the RIA
The RIA not only reshaped how EB-5 categories are treated; it also improved the quality and consistency of EB-5 adjudications. One of its key tools, Form I-956F, requires all EB-5 projects to be pre-approved by USCIS before investors can submit their I-526E applications. This front-loaded compliance has greatly reduced uncertainty.
The results are clear: I-526E approval rates hit a record high of 97% between April 2022 and January 2025. This success is attributed to:
- Clearer guidance on job creation, source-of-funds documentation, and project oversight.
- Fewer errors and rejections due to improved attorney understanding and adjudicator consistency.
- Better project compliance thanks to the I-956F review.
For investors, this means less risk and more predictability, particularly when choosing high-quality, pre-approved rural projects.
Pressure on Employment-Based Categories Across the Board
While EB-5 investors in set-aside categories are seeing historic opportunities, other employment-based immigrant visa categories are facing significant slowdowns.
- EB-2 worldwide retrogressed to September 1, 2023, and may become unavailable in September due to high demand and quota limits.
- EB-3 India advanced modestly to May 22, 2013, but continues to move slowly.
In this environment, EB-5, especially rural EB-5, stands out as one of the most viable and reliable options for employment-based immigration in FY2025 and beyond.
The Countdown to Fiscal Year-End
Every October 1, visa numbers reset for the new fiscal year. Until then, USCIS and the Department of State must manage their remaining visa allotments carefully. With unexpected increases in demand, they often impose last-minute cutoffs, or even declare certain categories “unavailable”, to avoid exceeding statutory caps.
In the case of EB-5, the unreserved category for China and India could become unavailable as early as September. Visa retrogression might also eventually appear on the Visa Bulletin for set-aside categories, especially high-unemployment TEAs, but this hasn’t happened yet due to slow adjudication rates.
What Investors Should Do Now
Given these trends, here are a few key strategic considerations for potential EB-5 investors:
Focus on Rural Projects
With faster processing times of under a year, high approval rates, and favorable visa availability, rural EB-5 projects offer the best combination of speed and security. The separate visa allocation means investors aren’t competing with the large backlogs of the unreserved categories.
Prioritize I-956F-Approved Projects
Projects that already have Form I-956F approval have been vetted by USCIS for compliance and eligibility. Choosing these can dramatically reduce the risk of delays or denials.
Monitor Visa Bulletins Closely
Investors should keep a close eye on the September Visa Bulletin, which will be the final update before the new fiscal year begins. Any sign of category closure or retrogression could impact decisions on when and how to file.
File Before September 30, If Eligible
If your priority date is current and your project is in good standing, filing before the end of the fiscal year could lock in current visa availability and processing timelines. Delaying until October may mean a very different adjudication landscape.
A Critical Moment for EB-5 Investors
Fiscal year 2025 has become a defining year for the EB-5 program. For the first time in years, rural investors enjoy a combination of fast processing, high approval rates, and regulatory clarity that’s hard to ignore. At the same time, broader employment-based immigration is slowing down, and even some EB-5 applicants in the unreserved category are facing uncertainty as September approaches.
The message is clear: Acting now, and acting wisely, is crucial.
Investors who align with compliant, rural projects and submit their petitions within the current fiscal window stand the best chance of securing their U.S. Green Cards with minimal delay.
At EB5AN, transparency is of the utmost importance to us. EB5AN has helped more than 2,700 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.