For prospective EB-5 investors, especially those from high-demand countries like India and China, timing has always played a critical role in the immigration process. With visa retrogression looming on the horizon for some of the most popular EB-5 categories, the decision to file now versus waiting for the “perfect” investment project carries more weight than ever before. While it may be tempting to hold out for what feels like the ideal opportunity, current visa trends suggest that a more strategic, and potentially far more beneficial, approach is to file sooner rather than later. In this article, we will take a look at the reasons why.
A Quiet Shift With Big Implications
The Value of Acting While the Window Is Open
The Illusion of the “Perfect” Project
A Pivotal Moment for EB-5 Investors
A Quiet Shift With Big Implications
The EB-5 Reform and Integrity Act of 2022 brought much-needed modernization to the EB-5 program, including the creation of new visa set-asides for investors in targeted employment areas (TEAs). Even though there is significant retrogression for Indian and Chinese EB-5 investors in Unreserved visa categories, set-aside categories have remained “current” on the Department of State’s Visa Bulletin for a while now. This allows eligible new applicants from any country, including those with historically high demand like China and India, to move forward with their Green Card filings without significant delay.
However, recent signs indicate that this window of opportunity may be narrowing. The January 2025 Visa Bulletin included cautionary language suggesting that the high-unemployment TEA category could soon become oversubscribed, with the rural TEA category potentially following—though any impact there is expected to be much more limited. Once this is officially reflected in the bulletin, it will mean a cutoff date is established, and any investor filing after that date will face wait times before being eligible for the next step in the Green Card process.
This matters profoundly for Indian and Chinese nationals, who are likely to be among the first affected if backlogs emerge in the TEA categories. Once a backlog is in place, these investors would lose access to one of the most valuable benefits currently available: concurrent filing.
The Value of Acting While the Window Is Open
Concurrent filing has become a crucial tool for EB-5 investors already in the United States on valid non-immigrant visas (H-1B, F-1, etc.). This process allows applicants to submit their I-526E immigrant petition and their I-485 adjustment of status application at the same time so long as the relevant EB-5 category is marked “current” for their country of birth.
Why is this so important? Because concurrent filing unlocks access to interim benefits such as employment authorization (EAD) and advance parole (AP) for international travel. For investors and their families, this means they can live and work in the U.S. while their EB-5 application is pending, without needing to maintain their existing non-immigrant status.
Once a backlog occurs and a priority date is required, concurrent filing disappears. The investor must wait for their priority date to become current before filing the I-485 and, consequently, before accessing EAD or AP. For many, this could mean an additional delay of several months or even years, time during which their work authorization and travel flexibility are severely limited.
The Illusion of the “Perfect” Project
Despite the urgency suggested by the Visa Bulletin, many prospective investors still hesitate, hoping to find the “perfect” EB-5 project before committing. While understandable, this search for perfection can inadvertently lead to missed opportunities.
It’s important to recognize that no project is entirely risk-free, and even the most compelling marketing materials can’t eliminate all uncertainty. A project might check every box in terms of location, business model, and developer reputation, but if it comes at the cost of filing too late, the tradeoff may be steep. The reality is that the immigration process is governed more by timing and compliance than by the differences between strong EB-5 projects.
That’s not to say due diligence isn’t important, it absolutely is. Investors should look for projects with clear documentation, job creation models that are economically sound, and EB-5 teams with a proven track record. But in a moment where regulatory and visa timing are shifting, those who act early stand to benefit the most, even if their chosen project isn’t what they initially envisioned as “perfect.”
A Pivotal Moment for EB-5 Investors
The EB-5 program has long been a viable path to permanent residency for those able to invest in the U.S. economy. But in today’s landscape, the key differentiator isn’t just how or where you invest, it’s also when.
With backlogs no longer a distant concern but a real and imminent possibility, especially in the high-unemployment TEA category, the smart move for serious investors is to file now and secure the advantages that come with it. That means access to concurrent filing, faster processing potential, and a front-row spot in the line toward a Green Card.
The perfect project may always be just around the corner. But in the EB-5 world, perfection is a moving target, and timing is everything.
At EB5AN, transparency is of utmost importance to us. 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.
