Timing Is Everything: When to Start Your EB-5 Process Based on Visa Bulletin Movement

In the ever-changing landscape of U.S. immigration, one truth stands out clearly for EB-5 investors: timing is everything. From visa availability to petition approval timelines, when you start your EB-5 process can dramatically impact how long it takes to obtain a Green Card and whether you encounter costly delays along the way.

With the release of the July 2025 Visa Bulletin, one message rings loud and clear: for those looking to immigrate via the EB-5 visa program, the time to act is now.

Why the Visa Bulletin Is Critical for EB-5 Investors

The Visa Bulletin, published monthly by the U.S. Department of State, serves as a scheduling tool for when applicants can proceed through key steps of their immigration journey. Two primary charts are of interest:

Final Action Dates: Indicates when a Green Card can actually be issued.

Dates for Filing: Indicates when an applicant can submit Green Card paperwork, even if a visa isn’t immediately available.

For July 2025, USCIS has confirmed that all employment-based categories, including EB-5, must follow the Final Action Dates chart. For EB-5 investors, this means that unless their priority date (i.e., the date they filed their petition) is before the listed cutoff, they must wait.

Fortunately, all EB-5 set-aside categories, which include rural, high-unemployment, and infrastructure investments, remain current. That’s a significant opportunity. If your petition is filed today in one of these categories, you’re eligible to proceed without delay. But that opportunity is fleeting.

Rising Pressure on Set-Aside Categories

The EB-5 Reform and Integrity Act of 2022 created special “set-aside” visa categories to promote investment in targeted areas, including:

• Rural areas
• High-unemployment areas
• Designated infrastructure projects

These set-aside categories offer advantages like visa availability outside the standard quota system, as well as priority processing in the case of rural TEA investments. Currently, they are current for all countries, including high-demand nations like China and India.

However, demand is escalating fast. Many of the new EB-5 filings are coming from Chinese and Indian investors, and some are choosing the high-unemployment track. This sharp increase is creating visible pressure, and a visa backlog in this category is now not just a possibility, it’s likely.

Once retrogression begins, it can take years to return to a current status. That means investors who file after the backlog begins could face long waits before even being eligible for visa issuance.

The Calm Before the Storm: Rural Is Still the Safest Bet

Among the three set-aside categories, rural investments remain the most favorable path. The rural category enjoys the highest visa allocation and is currently under less demand pressure than the high-unemployment category. Additionally, rural EB-5 investments are eligible for priority processing, which can accelerate petition adjudication.

For many investors, this makes rural projects the best choice to avoid the coming wave of delays.

Filing into the rural category now, while it remains current and relatively uncrowded, can mean shorter wait times and quicker approvals.

The Cost of Waiting: What Delay Can Really Mean

The phrase “we’ll wait and see” might feel safe, but in EB-5 immigration, it’s a gamble that can cost you years. Here’s why waiting can be costly:

Retrogression Locks You Out

Once a visa category retrogresses, you cannot proceed with final processing, even if your petition is approved, until your priority date becomes current again.

Longer Waits for Family Members

Retrogression affects your entire family. If your child is nearing the age of 21, delays may risk their eligibility as a dependent on your petition.

Shift in Project Availability

Not all rural or TEA-eligible projects remain open over time. A high-quality EB-5 project available today might be closed to new investors a few months from now.

Policy or Legislative Changes

Immigration policy is subject to political shifts. Filing under today’s favorable rules locks you into current eligibility criteria, even if future policy becomes more restrictive.

Loss of Priority Date Advantage

Even a one-month delay in filing can push your priority date into a period of retrogression. Early filers keep their place in line, but latecomers must wait for the backlog to clear.

In short: every day you delay increases your exposure to risk, unpredictability, and lost opportunity.

Strategic Steps for Moving Forward Today

If you’re considering an EB-5 investment, here’s how to seize this limited-time opportunity:

• Prioritize rural projects for faster processing and visa availability.
• Begin preparing your source of funds documentation now; it’s often the most time-intensive part of your application.
• Work with an experienced EB-5 immigration attorney and a credible regional center to streamline your petition.
• Don’t wait for the next Visa Bulletin. If you file now, you can lock in a priority date under favorable conditions.

The Time to Act Is Now

The Visa Bulletin is not just a status update, it’s a signal flare. While visa availability in the EB-5 set-aside categories remains current today, swelling demand from global investors, especially from high-demand countries like China and India, is creating a ticking clock.

Delaying your decision to invest doesn’t just mean a longer wait. It may mean missing out on the best opportunity for fast, predictable immigration—and benefits like work and travel permits while awaiting Green Cards.

At EB5AN, transparency is of utmost importance to us. EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. 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 the best strategies to time your EB-5 investment correctly, book a free call with our expert team today.