EB-5 Visas
New EB-5 Reserved Visa System
The EB-5 Program has an annual visa cap of approximately 10,000 new visas issued each year starting October 1.
The 2022 EB-5 Reform and Integrity Act took the annual cap of 10,000 EB-5 visas and carved out “Reserved” visa categories that create new incentives to attract investment in these Reserved Visa Categories.
Reserved Visa Categories
Reserved Visa Categories are allocated EB-5 visas from the available pool of approximately 10,000 EB-5 visas each year. Additionally, unused visas in those Reserved Visa Categories roll-over to the same category in the immediately following year. Those Reserved Visa Categories (and their estimated allocations as of October 2024) are:| No. | Category Name | Yearly Allocation | Roll-over | Current 2024-2025 Total Allocations |
|---|---|---|---|---|
| 1. | Reserved High Unemployment | 1,000 | Unused visas roll over to next year | 1,700 approx. |
| 2. | Reserved Rural | 2,000 | Unused visas roll over to next year | 3,500 approx. |
| 3. | Reserved Infrastructure | 200 | Unused visas roll over to next year | 400 approx. |
| 4. | Unreserved (pre-03-2022) | 6,800 | No roll-over | 4,400 approx. |
| TOTAL | 10,000 | 10,000 |
* This table is based on USCIS data released to the public in September 2024 but reflects data March and April 2024.Reserved Rural and Reserved High Unemployment categories are referred to as “Targeted Employment Areas” or “TEA’s”. Reserved High Unemployment areas are defined as a census tract (including any census tracts immediately contiguous with that census tract) located in a Metropolitan Statistical Area with 1.5 x the national unemployment rate for the previous year. In practice Metropolitan Statistical Areas encompass all major and most smaller cities in the United States. Rural Areas are defined as areas that are both outside of a Metropolitan Statistical Area and outside of any town having a population of more than 20,000 inhabitants.
Priority for Rural Areas.
The table above shows that investments in Rural Areas receive a higher proportion of Reserved Visas (2,000 each year) from the available pool of approximately 10,000 EB-5 vias each year. Additionally, the 2022 EB-5 Reform and Integrity Act requires USCIS to give “priority” to processing visa petitions in Rural Areas. Priority Processing means shorter visa processing for EB-5 investors in Rural Areas without having to pay for accelerated “Premium” processing commonly found in other visa categories.AT PRESENT, THERE ARE NO WAITING LISTS TO OBTAIN AN EB-5 VISA FOR INVESTMENTS IN RESERVED VISA CATEGORIES. THIS COULD CHANGE IN THE FUTURE AS THE EB-5 VISA PROGRAM’S POPULARITY CONTINUES TO GROW.
Impact of No Waiting Lists.
- Investors are able to obtain delivery of their 2-year Conditional Permanent Residency as soon as USCIS and the U.S. Consulate approves their visa process.
- New investors who are lawfully living in the U.S. are able to simultaneously file the application for an EB-5 visa with an application for I-485 Adjustment of Status. Adjustment of Status grants applicants authorization to stay in the U.S. until they receive a decision on their EB-5 visa petition, and also grants a 5-year open work permit and travel permit while the applicant waits for USCIS visa processing.
Pre-2022 Waiting Lists.
At present, EB-5 investors born in mainland China are subject to a waiting list for EB-5 visas that is estimated to be approximately 5-7 years. Investors from other countries, including investors born in India, who invested before March 15, 2022, are subject to no waiting list or, in the case of India, a very short waiting list that will likely disappear during 2024-2025.
The impact of a waiting list causes EB-5 investors to have to wait to obtain delivery of their EB-5 visa after the Form I-526 visa petition is approved.
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