Reserved EB-5 visa categories: rural, high-unemployment and infrastructure

U.S. law limits the number of immigrant visas (green cards) issued each fiscal year in each employment-based category. EB-5 receives 7.1% of the worldwide employment-based allocation. In addition, per-country limits restrict how many visas can go to people born in any one country. When demand from a particular country is high, as has been the case for China and India, a backlog can form for applicants from that country.

The U.S. fiscal year runs from October 1 to September 30. Visa numbers are allocated on a fiscal-year basis, which is why the carry-over rules described below are expressed in fiscal years.

The EB-5 Reform and Integrity Act of 2022 divided EB-5 visas into reserved (set-aside) categories and an unreserved category. The reserved shares are:

Investors in all reserved categories, like other EB-5 investors, must still satisfy every other requirement: the minimum investment, job creation, the at-risk requirement and a lawful source of funds. See EB-5 requirements.

An investor does not choose a reserved category independently of the project. Eligibility for a reserved category generally follows from how the project itself is classified: whether it is located in a rural TEA, in a high-unemployment TEA, or qualifies as an infrastructure project. Since the 2022 Act, USCIS (rather than state governments) makes targeted employment area determinations.

• Ask the project sponsor which category the project is presented under and what that classification is based on.
• Ask whether USCIS has reviewed the classification, for example as part of the project application (Form I-956F), and what the status of that application is.
• Understand that a classification which is not accepted by USCIS may affect both the applicable minimum investment and the visa category.

Reserved visa numbers that are not used in a fiscal year do not immediately disappear into the general pool. Under the 2022 Act:

1. 01

   Step 1: Year 1: reserved visas are allocated

   Each reserved category receives its share of EB-5 visa numbers for the fiscal year.

2. 02

   Step 2: Year 2: unused numbers stay in the same category

   Reserved visas not used in year 1 carry over and remain available in the same reserved category for the next fiscal year.

3. 03

   Step 3: After that: numbers become unreserved

   Carried-over numbers still unused at the end of that following fiscal year become available in the unreserved category.

Carry-over is one reason reserved-category availability can look different from one year to the next. The number of visas available in a category depends not only on the annual share but also on prior-year usage, overall employment-based visa numbers and demand.

The U.S. Department of State publishes the Visa Bulletin (opens in a new tab) each month. For EB-5, it lists the unreserved category and each reserved category on separate rows, with columns for different countries of chargeability (generally the applicant's country of birth).

"C" (current)

Visa numbers are available to all qualified applicants in that category and country, regardless of priority date.

A date

Only applicants with a priority date earlier than the listed date may proceed. For EB-5, the priority date is generally the date the investor petition was filed.

"U" (unavailable)

No visa numbers are available in that category and country for that month.

Final Action Dates and Dates for Filing

The bulletin has two charts. USCIS announces each month which chart applies to adjustment of status applications filed inside the United States, on its adjustment of status filing charts page (opens in a new tab).

EB5 Circle does not restate cut-off dates because they change monthly. See reading the Visa Bulletin for a step-by-step explanation, and always check the current bulletin itself.

Availability in a reserved category at one point in time is not a promise about the future. Several factors can move it:

• Demand. As more investors from a given country file in a category, a cut-off date may be imposed or may retrogress (move backwards).
• Annual visa numbers. The total number of employment-based visas can vary from year to year, which changes the EB-5 share in absolute terms.
• Carry-over. Unused numbers from a prior year can temporarily increase availability, and their expiry can reduce it.
• Per-country limits. These can affect applicants from high-demand countries differently from others.
• Changes in law or agency practice, which are outside any investor's control.

• Learn how to read the monthly bulletin on our Visa Bulletin page.
• If you are in the United States, read about concurrent filing, which depends on visa availability.
• Use the due diligence questions to ask how a project's classification was determined.
• For advice on how visa availability affects your own case, request a consultation to be connected with a qualified U.S. immigration attorney.