Whether you live abroad or already hold a non-resident U.S. visa, obtaining a U.S. Green Card can be the most effective way to fulfill your career, academic, and personal goals in the United States.
A U.S. Green Card, officially known as a Permanent Resident Card or USCIS Form I-551, grants you the status of lawful permanent resident. As a permanent resident, you will be free to work, travel internationally, study, and live anywhere in the United States. Your immigration status will not depend on employer sponsorship, academic enrollment, or any other requirements.
As a permanent resident, you can choose to work full-time or part-time, start your own business, or not work at all, all without jeopardizing your family’s right to remain in the United States. And you and your family will have access to the United States’ world-leading education system, healthcare, tax benefits, and economic and political stability.
In 2025, the EB-5 Immigrant Investor Program is likely the most straightforward path to U.S. Green Cards for yourself and your dependent family members (your spouse and unmarried children under 21). Like other EB-5 investors in our projects, you and your family could receive your physical US. Green Cards in as little as nine months.
If you are considering the EB-5 program, you will benefit from learning how U.S. Green Cards are issued to EB-5 investors—what forms are needed, how long each step in the process takes, and what government agencies are involved.
Unfortunately, information on Green Card issuance is often hard for EB-5 investors to find. In furthering our goal of empowering investors to make informed decisions, EB5AN has compiled a detailed review of the mechanics of getting Green Cards through an EB-5 investment.
We begin with a high-level summary of the EB-5 process, from planning your investment to receiving your permanent Green Cards.
Then we explain how United States Citizenship and Immigration Services (USCIS) issues Green Cards to EB-5 investors and how this agency works in tandem with the Department of State (DOS) and the National Visa Center (NVC).
Finally, we explore rural EB-5 projects as the fastest path to a U.S. Green Card and how investors interested in becoming permanent residents as quickly as possible should consider this project category.
Note: Throughout this article, Green Card and EB-5 visa are used interchangeably.
An Overview of the EB-5 Immigration ProcessHow EB-5 Visas Are Issued- 1. How the DOS Allocates Yearly EB-5 Visa Availability
- Per-Country Limits and EB-5 Visa Backlogs
- Cut-Off Dates Explained
- Set-Aside EB-5 Visas: A Solution for Chinese and Indian Investors
- EB-5 Backlogs and Reserved Visas in the February 2025 Visa Bulletin
- Carry-Over Visas Add to the EB-5 Visa Supply
- DOS Visa Allocation in Practice: The EB-5 Visa Supply for FY2024
Why Invest in a Rural EB-5 Project?- Priority Processing for Investors in Rural EB-5 Projects
- Chinese and Indian Nationals: Avoiding Upcoming Backlogs Through a Rural EB-5 Investment
U.S. Green Cards in Only Months—Begin the EB-5 Process
- 1. How the DOS Allocates Yearly EB-5 Visa Availability
- Per-Country Limits and EB-5 Visa Backlogs
- Cut-Off Dates Explained
- Set-Aside EB-5 Visas: A Solution for Chinese and Indian Investors
- EB-5 Backlogs and Reserved Visas in the February 2025 Visa Bulletin
- Carry-Over Visas Add to the EB-5 Visa Supply
- DOS Visa Allocation in Practice: The EB-5 Visa Supply for FY2024
Why Invest in a Rural EB-5 Project?- Priority Processing for Investors in Rural EB-5 Projects
- Chinese and Indian Nationals: Avoiding Upcoming Backlogs Through a Rural EB-5 Investment
U.S. Green Cards in Only Months—Begin the EB-5 Process
An Overview of the EB-5 Immigration Process
Step 1: Confirm You Are Eligible for the EB-5 Program
Before beginning your EB-5 journey, you need to check that you meet all of the program’s requirements. The program requires that you qualify as an investor and have the funds needed to invest in an EB-5 project.
- Accredited Investor Status: You must have either a net worth of at least $1,000,000 or a yearly income of $200,000 for the past two years. Funds received as gifts or inherited assets count toward this requirement. Discuss your status with an immigration attorney to ensure you qualify.
- Minimum Investment Amount: The required investment amount depends on the project’s location. For a project in a targeted employment area (TEA), the minimum is $800,000; for all other projects, the amount is $1,050,000.
- Documentation Showing Your Source of Funds: You must prove that your investment money comes from legal sources (see Step 3). Acceptable sources include the following:
- Salary from employment
- Dividends from a business
- Inherited funds
- Gifts from family or friends
- Proceeds from the sale of real estate
- Other legitimate income sources or a combination of the above
- Money for Other Costs: In addition to your investment, you will need funds to cover processing, attorney, and administrative fees. It is best to have these funds available before you start your application.
- A Clean Record: A background check will examine your finances, political activities, and criminal history. Maintaining a clean record is essential to remain eligible for U.S. Green Cards.
Step 2: Select an EB-5 Project
Most EB-5 investments focus on U.S. real estate projects. Choosing the right project is a key decision since each project carries its own financial risks and benefits.
- TEA Status: A TEA may be a rural area or a high-unemployment area. A rural area comprises a region not located in a metropolitan statistical area or a municipality with a population of 20,000 or more. A high-unemployment TEA is an area where the unemployment rate is at least 150% of the national average.
- Key Factors for Project Selection: Look for a project that offers both financial and immigration security:
- Financial Security: The project should have a strong balance sheet and, ideally, be generating revenue or be able to do so in the near future. Its business plan must clearly demonstrate that there is a demand for its asset class.
- Immigration Security: The project must create the required number of U.S. jobs. Under the EB-5 program, each investor must create at least 10 jobs to qualify for an EB-5 visa. Many projects plan to generate well over this minimum and may already be creating jobs by the time you invest, making it much easier for you to meet this requirement.
EB5AN offers projects exclusively in TEAs and is known for its high-quality, low-risk investments. Once you sign our non-disclosure agreement, you can review detailed investment documents that shed light on each of our project’s financial status and business plan.
Step 3: Prepare a Source-of-Funds Report & Document Accredited Investor Status
After selecting your project, you must compile documentation proving that your funds were obtained legally.
- Source-of-Funds Report: This report details the source of your invested funds. The type of documents you have to include depends on the types of funds you plan to use for your investment. Typical reports include financial statements, tax returns, and business records. The documentation needs to be thorough and accurate. Make sure you hire an immigration attorney before gathering the source-of-funds documentation to avoid errors or delays.
- Accredited Investor Documentation: You must also verify your accredited investor status by providing an accredited investor certification letter. This letter can be obtained from regional center sponsors, financial advisors, or your immigration attorney.
Step 4: Complete and Sign the Automated Subscription Booklet to Subscribe to the Partnership
EB-5 investors in EB5AN projects must complete an automated subscription agreement before investing their funds.
- Automated Subscription Process: The process is designed to be straightforward. You will fill out a short online form with your biographical details and then sign the agreement either digitally or on paper.
- Finalizing the Subscription: Once your subscription booklet is reviewed and approved by the project team, they will send you a countersigned copy of the agreement. Detailed, step-by-step instructions guide you through the process to minimize errors.
Step 5: Transfer the Required Investment Funds
After completing the documentation and subscription process, the next step is to wire transfer the investment funds to the EB-5 project.
- Fund Transfer: You will wire the required investment amount along with the regional center fee to the project’s escrow account. EB5AN provides detailed wire instructions to ensure that the funds are transferred correctly and securely.
Step 6: File an I-526E Petition for a Temporary Green Card
Filing the I-526E petition with USCIS marks your formal request for U.S. Green Cards as an EB-5 investor.
- Filing the I-526E Petition: Regional center investors use Form I-526E, while direct investors use Form I-526. USCIS reviews this petition to verify that you meet all the program requirements.
- Steps in Filing: Like other aspects of the EB-5 program, filing your petition entails several steps:
- Hire an experienced immigration attorney to begin preparing your petition.
- Work closely with your attorney to include all source-of-funds documentation.
- Your attorney then submits the I-526E petition to USCIS.
- Priority Date: Once they receive your petition, USCIS assigns you a priority date. This date establishes your place in line for a Green Card based on your visa category and country of origin.
Step 7: Complete the Consulate Interview or Adjustment of Status (Optional: Employment and Travel Documents)
After the approval of your I-526E petition, you can proceed to obtain your conditional Green Card. The next steps depend on whether you are already in the United States or applying from abroad.
- For Applicants in the United States:
- You may file Form I-485 to adjust your status. This can be done concurrently with the I-526E petition. Submitting Form I-485 will change your immigration status to “pending.”
- At the same time, you can apply for an employment authorization document (EAD) and an advance parole (AP) document. These are the documents that allow you to work anywhere in the United States and travel internationally while your application is being processed.
- For Applicants Outside the United States:
- You must go through consular processing by filing Form DS-260. In this scenario, you will wait for your I-526E to be approved and for a visa to become available.
- The NVC will schedule a consulate interview at a U.S. embassy or consulate in your home country.
Step 8: Submit an I-829 Petition for Removal of Temporary Green Card Conditions
Once you have held a conditional Green Card for two years, you must take one final step to remove these conditions and obtain permanent residency.
- Filing the I-829 Petition: Approximately three months before your conditional Green Card expires, you must submit Form I-829. This petition requests the removal of the temporary conditions on your residency. This is the form that you use to prove to USCIS that you have successfully met the standards of the EB-5 program, such as creating the required jobs, and therefore qualify for permanent residence.
- Final Approval and Investment Repayment: Once USCIS approves your I-829 petition, you will receive a permanent Green Card. Even after obtaining a permanent Green Card, you must wait until the end of the investment period or the term of the loan for the repayment of your investment funds. The return on your investment, including any earnings, will occur according to the terms outlined in the project documents.
How EB-5 Visas Are Issued
Multiple government agencies work together to determine how many EB-5 visas are available each fiscal year, to monitor visa availability and demand, and to issue these visas to qualifying EB-5 investors.
At the highest tier in this process is the U.S. Congress, which has established the annual visa availability for each visa classification through the Immigration and Nationality Act (INA), 8 U.S.C. § 1151–1153, and its periodic amendments.
The INA sets the annual numerical visa limit for family- and employment-based visa categories, including EB-5—officially known as the Employment-Based Fifth Preference Category. It also sets policies for visa issuance limits per country and the allocation of unused visas.
Subject to the limits established by the INA, the DOS is responsible for determining the specific number of visas made available for applicants in each category. The “Numerical Control” section of the DOS Foreign Affairs Manual (FAM) explains this process in greater detail:
Visa number allocation is handled by the Visa Office (VO) through the Immigrant Visa Allocation Management System (IVAMS), which helps administer the complex series of annual numerical limitations on immigrants set forth in the Immigration and Nationality Act. Each month a determination is made regarding the number of visas that can be made available on a worldwide basis for final action on applications. These numbers are used by applicants processing their cases both abroad at Foreign Service posts and in the United States at U.S. Citizenship and Immigration Services (USCIS) offices.
Let’s now explore how the annual supply of EB-5 visas is allocated by the DOS. We will then examine how USCIS manages visa issuance as explained in the above excerpt of the FAM. Finally, we will review the procedure for EB-5 applicants living abroad, which involves consular processing overseen by the DOS.
1. How the DOS Allocates Yearly EB-5 Visa Availability
Under the INA, the DOS allocates approximately 140,000 visas to the employment-based visa categories each fiscal year.
With five employment-based visa classifications (EB-1 through EB-5), each category receives approximately 7.1% of the 140,000 visa total. For EB-5, this translates into a base annual visa allotment of approximately 10,000 visas.
Importantly, though, both the annual number of employment-based visas and, as a result, the number of EB-5 visas in a given year can be significantly higher than 10,000.
Per-Country Limits and EB-5 Visa Backlogs
The total EB-5 visa supply is further limited for each country. Under the INA, “the total number of immigrant visas made available to natives of any single foreign state … under subsections (a) and (b) of section 203 in any fiscal year may not exceed seven percent … of the total number of such visas made available under such subsections in that fiscal year.”
Therefore, EB-5 applicants from any given country can receive a maximum of 7% of the total EB-5 visa supply for each fiscal year.
If, for instance, 10,000 EB 5 visas were made available for a fiscal year, investors from any one country could be awarded a maximum of 700 visas.
Once that limit is reached, any more investors of this nationality could not receive their EB 5 visas even if USCIS approved their I-526E petitions. Investors in this situation may have to wait for multiple years before more EB-5 visas become available for their nationality.
Still, most countries do not experience a shortfall of available EB-5 visas. As a result, investors from low-demand countries can receive their Green Cards after receiving I-526E approval and approval of their I-485 petitions or consular processing (see Step 5 under “An Overview of the EB-5 Process” above).
In contrast, certain high-demand countries—most notably India and China—do not have enough available EB-5 visas to cover the number of pending EB-5 petitions. In this case, a country enters a backlog of EB-5 petitions, referred to as “visa retrogression” by the DOS.
When a country enters visa retrogression, the DOS limits when EB-5 investors of that nationality can receive their Green Cards. This measure keeps the number of visas allocated to this country within the annual limit.
Each month, the DOS publishes the Visa Bulletin, which indicates which countries are subject to visa retrogression and shows each country’s corresponding cut-off dates, which determine when investors can receive their Green Cards.
Cut-Off Dates Explained
When an EB-5 investor submits an I-526E petition to USCIS, the applicant is given a priority date—that is, the date on which USCIS receives their petition. The priority date appears on a USCIS receipt notice for the I-526E petition: Form I-797C, Notice of Action.
An investor’s priority date is especially relevant to those from backlogged countries.
The two kinds of cut-off dates are final action dates and dates for filing. Final action dates indicate when investors can receive their Green Cards following I-526E approval. Dates for filing determine when investors can either submit their adjustment of status petitions or apply to the NVC after I-526 petition approval for their Green Cards.
If an investor’s I-526E priority date falls before the cut-off date, they are exempt from the restriction. However, those whose priority dates fall on or after the cut-off date must wait before applying for and receiving their Green Cards.
Each month, the DOS publishes Visa Bulletins that indicate which countries are subject to EB-5 visa retrogression and cut-off dates.
As of February 2025, both China and India are subject to final action dates and dates for filing.
Set-Aside EB-5 Visas: A Solution for Chinese and Indian Investors
Historically, EB-5 investors from countries in visa retrogression have had to wait for additional months or years before applying for and receiving their Green Cards. This has particularly been the case for Chinese and Indian investors, as these two countries have contributed the highest volume of EB-5 filings in recent years.
However, the EB-5 Reform and Integrity Act of 2022 (the RIA) introduced a new provision for investors from retrogressed countries: set-aside categories of EB-5 visas.
The RIA created three set-aside categories of EB-5 visas: rural TEA, high-unemployment TEA, and infrastructure.
Each fiscal year, 32% of the annual EB-5 visa supply is now reserved for these categories: 20% for rural, 10% for high unemployment, and 2% for infrastructure.
(While both rural and high-unemployment TEA projects are common in the EB-5 market, infrastructure projects are rare, as the criteria to qualify as an infrastructure project remains obscure.)
As long as the set-aside visa supply remains available, EB-5 applicants who invest in either a rural or high-unemployment TEA project will not be subject to cut-off dates—even if their country is still experiencing EB-5 visa retrogression.
In other words, by investing in a TEA project, Chinese and Indian investors can avoid their cut-off dates and potentially receive their Green Cards months or years earlier than they would otherwise. Chinese and Indian investors who already live in the United States on an H-1B or similar visa can also immediately adjust their immigration status and receive work and travel permits in a matter of weeks. (See Step 8 under “An Overview of the EB-5 Process”.)
However, as with per-country amounts, there is a limited number of set-aside EB-5 visas available each year. With a surge in I-526E filings in the 2024 fiscal year (FY2024), we predict that the set-aside high-unemployment (and possibly rural) category may also enter retrogression in the coming months of 2025. Indeed, the government has indicated that such a retrogression is likely (as discussed in the next section.)
Due to its greater allocation and lower overall demand, the rural set-aside category is likely the safest option for Chinese and Indian investors, as it is less likely to enter an extended backlog. (See “Why Invest in a Rural EB-5 Project?” below.)
As we will explore in further detail, Chinese and Indian investors will once again be subject to cut-off dates if the reserved category they invested in enters retrogression. If this happens, they will no longer be able to adjust their status and apply for work and travel documents.
EB-5 Backlogs and Reserved Visas in the February 2025 Visa Bulletin
For a real-life example of how the DOS allocates set-aside visas and oversees cut-off dates, consider the information published in the February 2025 Visa Bulletin.
Chart A contains the final action dates for each of the employment-based visa categories, including EB-5. Notice that each of the three set-aside categories is still marked as “C” for current.
In contrast, both Chinese and Indian investors in the “unreserved” category are subject to final action dates.
India’s final action date is January 1, 2022. This means that any Indian EB-5 investors with an I-526E priority date of January 1, 2022, or later will be unable to receive their Green Cards. Conversely, China’s final action date is July 15, 2016.
Similarly, Chart B indicates the dates for filing for China and India.
As you can see, Indian and Chinese investors’ dates for filing are April 10, 2022, and October 10, 2016, respectively. This means that investors from these countries cannot file for adjustment of status unless their priority date is earlier than their date for filing.
Carry-Over Visas Add to the EB-5 Visa Supply
Having reviewed how the DOS allocates EB-5 visas to investors from each country and to the new set-aside categories, we can now examine the DOS’s policy of “carrying over” EB-5 visas from one fiscal year to the next.
Under the INA, any unused family-based visas at the end of each fiscal year are “carried over” to the employment-based visa total.
For the EB-5 program specifically, any set-aside visas left unused in a fiscal year will be carried forward to the successive year’s set-aside EB-5 visa quota—adding to the same set-aside category for this new year.
In case any carry-over visas are left unused in the successive year, they will once again carry over to the next fiscal year, but this time as unreserved visas.
However, the unreserved visas cannot be carried forward and will be lost if not used in the ongoing fiscal year.
This policy introduced by the RIA has significantly increased the yearly number of available EB-5 visas.
DOS Visa Allocation in Practice: The EB-5 Visa Supply for FY2024
For a concrete example of how the DOS follows these policies in allocating the yearly supply of EB-5 visas, consider the distribution of EB-5 visas for FY2024, which spanned from October 2023 to September 2024.
For FY2024, the EB-5 program was allocated a base total of 11,432 visas. Adding to the EB-5 visa supply, 4,478 set-aside visas carried over from FY2023, and 6,396 unreserved visas carried over from FY2022.
In total, carry-over visas brought the total FY2024 supply to 22,305—nearly double the base total of 11,423 visas.
Contributing Year | Reserved Pool | Unreserved Pool |
FY 2022 | — | 6,396 |
FY 2023 | 4,478 | — |
FY 2024 | 3,658 | 7,773 |
Total | 8,136 | 14,169 |
Total Visa Availability in FY 2024: 22,305 |
2. How USCIS Issues EB-5 Visas
As we have seen in the previous section, the DOS regulates the number of available EB-5 visas each fiscal year under the limits set by the INA. In turn, USCIS is the primary agency in charge of issuing EB-5 visas to approved investors.
Now that we’ve established how visa availability is determined, let’s examine how USCIS issues Green Cards to successful EB-5 applicants.
We’ll begin with the process for EB-5 investors who already live in the United States legally under a non-immigrant visa—such as an H-1B, E-2, F-1, or similar visa.
Green Card Issuance for EB-5 investors in the United States
All EB-5 investors begin the process by submitting Form I-526E, Immigrant Petition by Regional Center Investor, to USCIS. (The comparatively few investors who chose “direct” EB-5 projects instead submit Form I-526E.)
By including documentary evidence that an EB-5 investment was made using lawful funds and that the EB-5 project complies with USCIS’s rules and regulations, an I-526E petition proves to USCIS that applicants qualify for their initial U.S. Green Cards.
Under the policy of set-aside EB-5 visa categories, processing times for Form I-526E have decreased significantly, especially for investors in rural EB-5 projects.
Additional USCIS Forms Can Be Filed Concurrently With Form I-526E
As explained in “An Overview of the EB-5 Immigration Process,” EB-5 investors who live in the United States on H-1B or similar visas can file Form I-485 concurrently with Form I-526E.
The I-485 petition, Application to Register Permanent Residence or Adjust Status, allows EB-5 investors to immediately adjust their immigration status to “pending.” Filing Form I-485 along with their I-526E petition allows EB-5 investors to avoid consular processing and obtain their Green Cards without having to leave the United States.
After submitting the I-562E and I-485 petitions, EB-5 investors with “pending” status will be able to remain in the United States legally, regardless of their employment status or any other requirements of their previous visas.
Additionally, EB-5 investors in the United States can file I-765 and I-131 petitions to obtain work and travel permits, respectively. EB5AN investors have obtained their work and travel permits in as little as 33 days.
Receiving U.S. Green Cards Following I-526E Approval
Once USCIS approves an investor’s I-526E and/or I-485 submission, they issue a Form I-797C as the approval notice. In most cases, the investor’s I-485 submission is approved quickly, and they soon receive their physical U.S. Green Cards by mail at the address they provided to USCIS.
Often, EB-5 investors receive their I-562E and I-485 approvals within days or weeks of each other—sometimes on the same date.
For example, consider a recent investor in our Twin Lakes rural project.
This investor submitted her I-526E petition on October 19, 2023. Our investor received both their I-526E and I-485 approvals on July 25, 2024. Her physical U.S. Green Card was issued shortly after—approximately nine months after her I-526E submission.
Below, please see redacted versions of the USCIS approval notices for our investor’s I-485 and I-526E petitions.
USCIS’s Office of Intake and Document Production oversees the design, printing, and distribution of physical U.S. Green Cards. Once an applicant is approved and their status is changed to “New Card is Being Produced,” USCIS prints out Green Cards for the applicant and the applicant’s dependents at their own facilities or employs a contractor for this purpose.
USCIS uses the Secure Mail Initiative (SMI) to send Green Cards via U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation. Applicants receive a USPS tracking number to monitor their card’s delivery status.
To stay informed about their card’s delivery, applicants can sign into their USCIS online account to receive automatic updates, including the USPS tracking number.
If more than 30 days have passed since your approval and your Green Card has not been received, USCIS advises submitting an e-Request to inquire about the status of your card.
Green Card Issuance for EB-5 Investors Applying From Abroad
EB-5 investors who apply from outside the United States ultimately receive their U.S. Green Cards from USCIS. But they must first go through consular processing, a series of additional steps overseen by the NVC.
Here is an overview of the process for EB-5 investors outside the United States.
- Petition Approval and NVC Case: USCIS approves the I-526E petition and transfers the file to the NVC. The NVC opens a case file, assigns it a case number, and issues a fee bill to the EB-5 investor.
- Submitting Form DS-260 and Documentation: The EB-5 investor pays the fee bill and files Form DS-260, Immigrant Visa Electronic Application. This form requests detailed personal information, including the applicant’s travel documentation, current address, social media accounts, family details, and work or education history. It also requires disclosure of security and background information, such as medical records, criminal history, and any prior immigration law violations. All submissions must be in English.
- Processing and Interview Scheduling: Once the DS-260 forms and supporting documents are received, the NVC processes the application. Processing times generally take about six months but may vary based on the complexity of the case. For example, an applicant with an extensive travel history to countries that may pose security risks or who has a present address in a high-risk country may be closely scrutinized. Once the petition is approved, the NVC schedules a visa interview at the appropriate U.S. embassy or consulate and issues instructions to the EB-5 investor.
- Consular Interview: For the interview, the investor must bring a valid passport, the appointment letter, original civil documents (with certified translations if needed), and medical exam results from an approved physician. The consular officer reviews the file, takes digital fingerprint scans, and determines the investor’s eligibility. In many cases, approval occurs during the interview, although some applications may require additional administrative processing.
- Issuance of an Immigrant Visa Stamp: If approved, the investor receives a temporary I-551 immigrant visa stamp in their passport. This visa, often labeled with the EB-5 classification, allows travel to the United States but does not serve as a final Green Card. The visa usually expires in alignment with the medical exam’s validity, often about six months after its issuance. Investors also receive instructions on how to present themselves at a valid U.S. port of entry.
- Entry to the United States and Final Steps: Upon arrival in the United States at a valid port of entry, the investor presents the passport with the immigrant visa and any additional required documentation to a Customs and Border Protection officer, who admits the investor as a conditional permanent resident. The investor must pay the USCIS Immigrant Fee (currently $220) so that their physical Green Card can be produced and mailed to the U.S. address provided. In the meantime, the temporary I-551 stamp in their passport serves as proof of lawful permanent residency.
This process also applies to EB-5 investors already in the United States who are ineligible for adjustment of status, most likely because of EB-5 visa retrogression for their home country. They, too, must return to their home country and complete consular processing to obtain their U.S. Green Cards.
Why Invest in a Rural EB-5 Project?
After this detailed overview of how EB-5 visas are issued, you may now feel more prepared to begin the EB-5 process and secure your family’s status as permanent residents.
If you are from China or India, investing in a rural EB-5 project may be the only way to obtain your Green Cards without additional delays of months or even years. And regardless of your nationality, rural EB-5 projects are likely the fastest way to receive your U.S. Green Cards.
Priority Processing for Investors in Rural EB-5 Projects
As explained above in “Set-Aside EB-5 Visas: A Solution for Chinese and Indian Investors,” 20% of the yearly EB-5 visa supply is set aside for investors in rural projects. Additionally, EB-5 investors in rural EB-5 projects receive priority processing of Form I-526E, allowing them to obtain their Green Cards even faster.
Indeed, multiple investors in our rural projects have received I-526E approvals within 12 months.
Consider the following processing data from FY2024 comparing rural and urban (high-unemployment) approval times. Because so few urban I-526E petitions have been approved, the gap between adjudication periods for each category may be even more pronounced than the data shows.
Chinese and Indian Nationals: Avoiding Upcoming Backlogs Through a Rural EB-5 Investment
Chinese and Indian investors should consider the most recent EB-5 processing data to determine whether a rural or an urban investment is best. Our analysis points to a significant backlog for the urban set-aside category in FY2025.
Consider the following statistics on EB-5 visa availability and I-526E processing.
From FY2022 through July 2024, investors from China and India dominated EB-5 petition filings, submitting nearly 71% of EB-5 applications. Out of 6,506 I-526 and I-526E petitions, about 51% came from Chinese investors and 20% from Indian investors.
When broken down by category, 3,435 petitions were filed in the high-unemployment urban TEA category, while 2,281 were in the rural category. The remaining applications fell into unreserved or unknown categories, with a mere 13 filed as both rural and high unemployment.
These figures reveal that over half of the investors have historically favored urban projects, further depleting the supply of urban set-aside visas.
On average, each investor requires roughly 2.5 to 3 visas to cover their family, translating into an estimated demand of about 8,500 visas in the urban category (based on 2.5 visas multiplied by 3,435 petitions) and around 5,700 visas in the rural category.
The FY2025 visa supply will include approximately 1,100 urban and 2,200 rural set-aside visas carried over from FY2024. Therefore, we estimate that there will be approximately 2,100 set-aside visas available for urban investors and 4,200 for rural investors in FY2025.
The numbers point to a significant supply-demand gap in the urban set-aside category, with a shortfall of about 6,400 visas. In contrast, the rural category faces a gap of roughly 1,500 visas. In short, while an urban backlog could prove lengthy, if a rural backlog forms, it will likely be cleared in less than a year.
So, while urban TEA investments may lead to multi-year backlogs for Chinese and Indian applicants, rural EB-5 projects promise a much quicker turnaround. Even if some delays occur in the rural category, they are expected to be significantly shorter than the urban backlog.
Chinese and Indian investors need to weigh these factors carefully. However, if you are from a low-demand country or already live in the U.S. on an H-1B or similar visa, an urban investment might still be viable.
If you’re already in the U.S., you could obtain work and travel permits in a matter of days or weeks through concurrent filing. This would allow you to live, work, and travel internationally with few restrictions as you wait for your EB-5 Green Cards—and even if that wait ends up being lengthy, you’ll be able to renew these benefits while continuing to wait.
U.S. Green Cards in Only Months—Begin the EB-5 Process
The EB-5 program provides a clear path to a U.S. Green Card by guiding you through a series of straightforward steps—from confirming your eligibility and selecting the right project to preparing your USCIS documentation and becoming a lawful permanent resident.
By understanding how EB-5 visas are allocated and issued, you can navigate the process more confidently, especially if you are from a high-demand country like China or India. Crucially, as shown above, rural EB-5 projects, with their ample supply of set-aside visas, offer a faster path, potentially allowing you and your family to receive your U.S. Green Cards in as little as nine months.
“There is a definite need for accessible, transparent information on how the EB-5 process works and how investors can qualify for Green Cards,” explains Sam Silverman, managing partner of EB5AN. “Our mission has always been to empower EB-5 investors to make informed decisions, only investing their funds in the safest EB-5 offerings.”
Reflecting EB5AN’s commitment to transparency and helping investors stay informed, Silverman adds, “We trust that this summary of the EB-5 process will help you and your family evaluate your immigration options and come to an informed decision.”
In our 10+ years, EB5AN has helped over 2,300 families from 70 countries relocate to the United States as lawful permanent residents. We can help you as well.
“We are thrilled that many investors in our rural EB-5 projects are now receiving their physical U.S. Green Cards in a matter of months,” reflects Silverman. “You and your family could soon enjoy living in the United States as lawful permanent residents—without the uncertainty and risks of H-1B or similar visas.”
For further information and for answers to any of your questions, schedule a free consultation with EB5AN.