Although yearly applications for the EB-5 Immigrant Investor Program have increased significantly, there is only a limited number of available EB-5 visas per year. This has historically caused processing delays and EB-5 visa retrogression.

The United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) determines visa availability monthly by reviewing the Department of State’s Monthly Visa Bulletin. The office has typically prioritized petitions of investors for whom a visa is immediately available, or soon will be. To understand this, foreign nationals should look at the most recent visa bulletin and see if their birth country is listed “current” in their specific visa category.

In 2022, the EB-5 Reform and Integrity Act (RIA) introduced new EB-5 visa categories alongside other beneficial provisions, changing how EB-5 visa availability is calculated. With these new visa categories that are in “current” status as of May 2024, investors can strategically choose projects that increase their chances of obtaining U.S. permanent residency.

In this article, you will learn about EB-5 visa availability, including various factors affecting it and the right strategies to avoid long processing times.

What Factors Affect EB-5 Visa Availability?

From visa backlogs to processing delays, we have highlighted below some general factors affecting EB-5 visa availability.

Per Country Limit and Visa Backlogs

The U.S. Immigration and Nationality Act (INA) provides that no single country may take up more than 7% of the total visas allotted in a year. This leaves about 10,000 visas available for EB-5 applicants yearly, a limit that is reached quickly, given the program’s popularity.

The Department of State (DOS) and USCIS stop granting EB-5 visas once a particular country reaches its annual cap. Consequently, applicants who cannot receive their visas in the year they applied will be transferred to the following year, creating a backlog in the visa allocation system.

Backlogs prolong the EB-5 processing times and reduce efficiency in the coming year since backlogged investors are attended to first before newer applicants are addressed.

EB-5 Visa Carryovers

Aside from the U.S. government’s annual cap, unused visas may be carried over across different categories. This way, DOS can manage the supply of visas, reduce visa backlogs, and potentially increase visa availability for EB-5 applicants.

Under the RIA, new provisions for visa carryover in the reserved categories were introduced. According to these provisions, unused reserved visas from the previous fiscal year are rolled over to the current fiscal year within the same category. If these carryover visas are still not used within that fiscal year, they are then added to the unreserved visa numbers.

For example, reserved visas from FY 2022 were carried over to FY 2023. Since FY 2023’s reserved visas also went unused, they rolled over to FY 2024. This resulted in an unusually high number of EB-5 visas being available in FY 2024, including those in the unreserved category. If governmental bodies and embassies in retrogressed countries can process these available visas efficiently, this relatively new EB-5 visa carryover policy may also help ease current backlogs, so investors should follow these rolled over visa numbers closely.

Processing Delays

USCIS and other governmental agencies may sometimes face administrative challenges, such as staffing issues, which may delay processing, further prolonging the EB-5 process.

Such delays may alter important dates, making it difficult for investors to plan their EB-5 journey. Additionally, increased waiting times can result in backlogs, affecting the overall availability of visas as many applicants will now receive their visas later than expected.

Legislative Changes

New immigration legislation and adjustments to the EB-5 program can either drive or reduce demand for EB-5 visas. For instance, the introduction of the Regional Center Program back in 1993 encouraged a lot of foreign nationals to opt for the EB-5 pathway to permanent residence in the U.S.

A similar situation happened after the enactment of the RIA, with the new set-aside visas offering unique opportunities to investors from traditionally backlogged countries like China and India.

Theoretically, policy updates and systemic changes such as technology upgrades, streamlined procedures, and improved staffing could increase USCIS’s capacity and the overall efficiency of the EB-5 program. Such changes would likely result in more effective EB-5 visa management, reducing backlog and increasing EB-5 visa availability for investors.

How Can EB-5 Investors Estimate Visa Availability?

Investors who applied for an EB-5 visa before the RIA should follow monthly bulletins under their relevant categories to see how their priority dates (date when they filed their I-526E petition) correspond to final action dates.

Foreign nationals planning to place a new application can also predict visa availability in several ways. These include:

Visa Bulletin

The visa bulletin is the most accurate source of information on EB-5 visa availability. The DOS releases monthly updates via the bulletin, showing important dates such as final action dates (date when a Green Card can be issued) and dates for filing (date when foreign nationals can apply for a Green Card with the National Visa Center.) Monitoring any updates in these charts helps EB-5 stakeholders understand the current situation and predict upcoming changes.

Foreign investors who need to estimate the most favorable time to apply for the EB-5 visa can seek guidance from EB-5 experts to correctly analyze the visa bulletin and act accordingly depending on their specific circumstances.

EB-5 Historical Trends

Tracing historical records on the issuance of the EB-5 visa can help estimate visa availability in a given year. By analyzing past years’ trends, investors can identify seasonal fluctuations, policy adjustments, and other factors that impact visa availability.

Sources that could aid your analysis include the visa bulletin and DOS’s monthly reports on application volumes and approval rates. By studying accurate EB-5 historical trends, investors can anticipate how future changes may affect their immigration process.

Webinars and Informational Content

Information sessions and webinars provide valuable learning opportunities for foreign nationals applying for EB-5 visas. At such events, various EB-5 experts, such as immigration attorneys and investment advisors, offer in-depth insights into the EB-5 visa.

Investors can also follow reliable industry sources closely to stay informed about any important developments. EB5AN covers many relevant topics on its website, including recent immigration policy updates, program regulation changes, visa availability observations and trends, litigation, and successful EB-5 process navigation strategies.

How Can EB-5 Applicants Reduce Their Wait Times?

The factors that influence EB-5 visa availability are mostly outside the investor’s control. Still, EB-5 applicants must do due diligence to prevent delays in their EB-5 visa process and reduce wait times. Some strategies that may shorten the EB-5 process are:

Submit Complete and Correct Documents

EB-5 applicants must ensure that all the documents required for the immigration process are readily available. Submitting wrong or incomplete documents to USCIS can result in significant setbacks for applicants, prolonging the EB-5 timeline.

Invest in Target Employment Area (TEA) Projects

TEA projects are situated in areas with higher unemployment rates or economic needs, making job creation a primary focus. As a result, the U.S. government incentivizes investment in these areas by providing additional visa availability, a lowered minimum investment amount, and priority processing in the case of rural EB-5 projects.

Choose a Reputable Regional Center

Proper research is necessary when choosing a regional center to manage EB-5 investment. Thorough research involves examining the regional center’s portfolio of past projects and their outcomes before judging its credibility and competence.

Applicants should select regional centers with a track record of successful EB-5 projects. These regional centers should have I-956F approvals from USCIS for each project. The purpose of this form is to provide USCIS with the necessary information to fully understand the EB-5 offering. USCIS uses Form I-956F to collect essential details about an EB-5 project and to determine its compliance with the EB-5 program.

When you file Form I-526E to apply for an EB-5 Green Card, USCIS evaluates your petition based on the project’s compliance with EB-5 requirements and your personal eligibility. If your EB-5 project has already received Form I-956F approval, USCIS has confirmed its compliance and won’t need to review the project again. Since it has already been vetted, USCIS may process your petition more quickly.

Begin Your EB-5 Journey With EB5AN

Obtaining an EB-5 visa involves multiple stages, each with its own intricacies. Commonly used sources like the State Department’s visa bulletin may seem confusing at first glance, but this is where seasoned industry experts come in.

EB5AN has successfully facilitated the EB-5 processes of over 2,300 families worldwide. We understand that every applicant’s circumstance is unique, and we are committed to providing personalized services for our clients.

To better understand the dynamics of the EB-5 program, schedule a free call today and learn how we can assist you with your EB-5 journey.