Over the years, many investors and their families have used the EB-5 program to build a future in the U.S. In 2022, Congress passed the EB-5 Reform and Integrity Act (RIA), a legislation that brought several updates to the program. One of the most important changes introduced was the creation of reserved set-aside visas.
These are special visa categories within the EB-5 program that prioritize certain types of investments, and the goal is to make the program more accessible and encourage development in areas that need it most.
This guide explains what you need to know about reserved set-aside visas and how they can improve your chances of success in the EB-5 process.
What Are Reserved Set-Aside Visas?
Frequently Asked Questions About Reserved Visas
- Are There Backlogs in the Reserved Visa Categories?
- Do Reserved Visas Carry Over Indefinitely?
- Are the Reserved EB-5 Visas Subject to Per-Country Caps?
- What Should We Expect From the Rest of Fiscal Year 2025?
Take Advantage of Reserved EB-5 Visas With EB5AN
What Are Reserved Set-Aside Visas?
Reserved set-aside visas are a special allocation of EB-5 Green Cards reserved for investors who invest their capital into projects located in specific priority areas. These visas were introduced to spread EB-5 investments more evenly across the country. Instead of concentrating projects in a few big cities, it encourages development where it is most needed.
Each year, the U.S. government sets aside 32% of the total EB-5 visas available. That means around 3,200 visas are “reserved” for investors who place their funds in projects that fall under one of these three types:
- Rural area projects (20%): Rural EB-5 investment areas are locations outside of towns or cities with 20,000 or more people.
- High-unemployment area projects (10%): High-unemployment areas are urban or rural zones where unemployment is at least 150% higher than the national average.
- Infrastructure projects (2%): Infrastructure projects are large-scale developments such as roads, bridges, or transportation systems that are approved by a U.S. government agency.
Unlike unreserved visas, reserved set-aside visas offer major benefits, especially for investors from countries with backlog pressure. Applicants from high-demand countries like China and India often face long waits for regular EB-5 visas. By choosing a reserved category, especially a rural TEA, they may shorten that wait and avoid backlogs.
The EB-5 visa minimum investment amount for projects TEAs is also reduced to $800,000, instead of the regular $1,050,000.
Frequently Asked Questions About Reserved Visas
Are There Backlogs in the Reserved Visa Categories?
As of now, there are no official backlogs in the reserved visa categories. The U.S. Visa Bulletin lists all three categories, rural, high-unemployment, and infrastructure, as “current.” This means visas are available.
However, demand for these reserved visas is growing quickly. Experts expect that within 2025, backlogs will start to show on the Visa Bulletin for investors from countries like India and China. The January 2025 Visa Bulletin even mentioned this possibility. Even if backlogs appear, investors using the reserved categories still have much shorter wait times compared to those in the unreserved category or who filed before the RIA. Opting for rural TEA projects can also make a significant difference for Indian and Chinese EB-5 investors.
Do Reserved Visas Carry Over Indefinitely?
No, they do not. Reserved visa categories have a fixed number of visas set aside each fiscal year. Unused visas in reserved categories do not roll over year to year in the same way as general EB-5 visas. You must act during the current fiscal year or risk losing your chance. This rule encourages timely application but also adds urgency to the process.
Are the Reserved EB-5 Visas Subject to Per-Country Caps?
The reserved EB-5 visa categories are subject to the 7% per-country cap. However, unused reserved visa numbers from other countries can be redistributed to applicants from countries like India and China.
What Should We Expect From the Rest of Fiscal Year 2025?
In fiscal year 2025, many reserved EB-5 visas must be used or they’ll be lost. This pressures USCIS and the State Department to quickly process I-526E and I-485 applications. Visa retrogression in the high-unemployment category is also expected to happen within the fiscal year, so investors from high-demand countries are recommended to explore low-risk rural TEA project options offered by reputable regional centers.
Take Advantage of Reserved EB-5 Visas With EB5AN
Reserved visas help move EB-5 away from a first-come, first-served race toward a system that rewards job-creating investments in underserved areas. From selecting the right EB-5 project to preparing your documentation, every step requires careful planning and reliable information.
With over 2,700 families from more than 70 countries already helped to become permanent U.S. residents, EB5AN understands the EB-5 journey inside out. Our EB-5 professionals are ready to guide you if you are thinking about applying under one of the reserved visa categories.
Schedule a free consultation with an EB5AN expert today and start your journey to securing your EB-5 visa.