Why EB-5 Investors Should Act Before the Set-Aside Visa Retrogression Hits

For those considering an EB-5 investment as a path to U.S. permanent residency, now may be the best time to act. The U.S. Department of State’s Visa Bulletins for January and April 2025 highlight significant shifts in the EB-5 program, and the window for certain investors, especially from high-demand countries, is closing fast.

Understanding the current state of the EB-5 program, particularly the implications of set-aside visa categories, is essential for making an informed investment decision. Here’s why EB-5 investors should act before retrogression hits.

What Are Set-Aside Visas and Why Are They Important?

The EB-5 Immigrant Investor Program allows foreign nationals to secure U.S. permanent residency by investing in a U.S. new commercial enterprise that creates jobs for American workers. The program, however, has limited visa numbers available each year. To address the growing demand for EB-5 visas, the U.S. government introduced set-aside visas as part of the EB-5 Reform and Integrity Act of 2022 (RIA).

Set-aside visas are designated for investors who invest in specific types of EB-5 projects, such as those located in rural areas, high-unemployment areas, or infrastructure projects that are expected to benefit the U.S. economy in other meaningful ways. The set-aside categories are meant to encourage investment in these areas, and more importantly, these visas are currently not subject to the retrogression issues affecting applicants from high-demand countries like India and China.

As of now, these set-aside categories are still current. This means that investors from countries that typically experience retrogression, including India and China, can still secure a visa under the set-aside categories without waiting for years as they would under the unreserved categories.

The Growing Retrogression for India and China in the Unreserved EB-5 Categories

Historically, countries with high demand for U.S. visas, such as India and China, have seen their EB-5 priority dates move backward, a phenomenon known as retrogression. The retrogression in the unreserved EB-5 category has significantly grown in the April 2025 Visa Bulletin.

This means that EB-5 applicants from these countries face a considerable wait before they are eligible to proceed with their visa applications. In fact, for many pre-RIA applicants, it may take years—potentially even a decade or more—before their priority date becomes current, delaying their path to U.S. permanent residency.

This retrogression is driven by the overwhelming demand for EB-5 visas from these countries. As more individuals from India and China seek to take advantage of the EB-5 program, the visa numbers for these countries are quickly exhausted, causing the backlog.

Additionally, the issue of retrogression is not exclusive to India and China. In the April 2025 Visa Bulletin, the U.S. Department of State issued a warning for applicants from the “rest of the world.” While this category is not yet impacted by retrogression, the bulletin suggests that it is becoming more likely for applicants from other countries to face backlogs in the near future.

Set-Aside Categories Are Still Current, But How Long Will This Window Last?

The good news for new EB-5 investors is that the set-aside visa categories still remain current. This creates an incredible opportunity for investors to secure a Green Card without waiting for years. The set-aside visas are subject to a different set of rules with “reserved” visa allocations, which means they are not impacted by the retrogression in the unreserved EB-5 categories.

However, there is no guarantee that the set-aside visas will remain current. The demand for EB-5 visas is growing, and the number of available visas in the set-aside categories is also limited. As more investors from high-demand countries, like India and China, begin to take advantage of these set-aside visas, the available numbers dwindle, causing industry experts to expect retrogression to soon appear in these categories, too.

Given the current state of the EB-5 program, it is reasonable to assume that the window for accessing current set-aside visas may close sooner rather than later. Indian and Chinese investors who wait too long risk being affected by retrogression in both the unreserved and set-aside categories.

EB5AN Can Help You Secure Your EB-5 Green Card

The EB-5 program has been an attractive option for foreign nationals seeking U.S. permanent residency, but with growing demand and increasing retrogression, particularly for investors from India and China, time is of the essence. While the set-aside visa categories remain current, investors should recognize that this window of opportunity may not remain open for much longer.

Now is the time for EB-5 investors to act—before retrogression affects multiple EB-5 visa categories. Taking advantage of the program’s current status can help secure a faster and more predictable path to U.S. residency. Investors from high-demand countries should move quickly, before visa numbers run out and the chance to file for adjustment of status alongside their EB-5 petition disappears.

At the start of your EB-5 journey, it’s crucial to work with experienced professionals. EB5AN has helped over 2,300 families from more than 70 countries become U.S. permanent residents. With more than a decade of experience, our team offers low-risk EB-5 regional center projects with a 100% USCIS approval rate.

If you would like to know more about your best path toward an EB-5 Green Card, book a free call with our expert team today.