Selecting the right EB-5 visa category is one of the most important decisions you’ll make in your EB-5 journey. It directly impacts how quickly you might receive your U.S. Green Card, how long your petition may take to process, and even your likelihood of recovering your investment.

With the introduction of the EB-5 Reform and Integrity Act of 2022, investors have access to multiple visa categories, each with its own advantages, limitations, and eligibility rules. While these new pathways offer greater flexibility, they also require careful consideration to ensure they align with your immigration goals, financial situation, and timeline.

In this article, we’ll walk through the different types of EB-5 visa options and explain how you can choose the one that best fits your long-term plans.

Categories of EB-5 Investments

On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 (RIA) introduced the reserved visa types, as opposed to the regular “unreserved” ones. These categories affect how fast investors may receive Green Cards, especially those from countries with high EB-5 demand. Below is an overview of each of them.

Unreserved EB-5 Visas

Unreserved visas follow the standard investment route and are open to all qualified investors, regardless of where the project is located. These visas require a minimum investment of $1,050,000 and are typically used for projects not located in a targeted employment area (TEA).

Since unreserved visas allow a broad selection of projects, some investors prefer them for the flexibility to invest in well-known or established markets.

However, unreserved visas come with some challenges. Investors from high-demand countries, such as China and India, face heavy visa retrogression and long wait times due to visa backlogs. For example, Chinese applicants may wait up to a decade, and Indian applicants may wait over 55 months.

These delays occur because once the annual cap is reached, new unreserved visa applicants are placed on a waiting list, which extends the overall processing time. Due to these wait times, investors from high-demand countries often consider applying through one of the reserved visa categories, which currently have no retrogression and may offer faster processing.

Reserved or Set-Aside EB-5 Visas

Each year, the U.S. government sets aside 32% of the total EB-5 visas for the reserved visa categories. The goal is to support targeted employment areas with more jobs or investments. Investors in these projects can qualify for a lower investment amount of $800,000.

Typically, there are three types of reserved set-aside visas:

Rural TEA Set-Aside Visas

Rural areas are locations that are not part of any metropolitan statistical area (MSA) and do not belong to a city or town with over 20,000 people. These areas receive 20% of the reserved EB-5 visas.

Investors who choose rural projects benefit from priority processing by the United States Citizenship and Immigration Services (USCIS). As a result of these benefits, rural visas are popular among EB-5 investors, especially those from high-demand countries with long wait times like China and India.

High-Unemployment TEA Set-Aside Visas

High-unemployment areas, also called urban TEAs, are places where the unemployment rate is at least 150% of the national average. These areas receive 10% of the reserved EB-5 visas. Like rural investors, these applicants only need to invest $800,000. However, USCIS does not offer priority processing for high-unemployment area projects.

Infrastructure Set-Aside Visas

Infrastructure projects receive 2% of the reserved EB-5 visas. These projects are usually public developments like roads, bridges, or water systems. Although this category offers the same lower investment amount, it is not yet widely used due to a lack of clear guidance.

Qualification Requirements

Unreserved EB-5 Visa

The unreserved EB-5 visa category is open to both new and pre-RIA investors. All investors who filed their I-526 petitions before March 15, 2022, fall under this category. This includes investments in any location or project type, whether or not they are in targeted employment areas (TEAs).

For investors who filed after March 15, 2022, the unreserved category typically applies if:

• The investment is $1,050,000 or more
• The project is not located in a TEA (rural or high-unemployment area)
• The investment does not qualify for one of the three set-aside visa types

On the I-526E approval notice, this may show as RU (Reserved-Unused) or NU (Not Reserved-Unused), depending on how USCIS processes your petition.

Note that unreserved visas are available to investors from any country. However, the long wait times for high-demand countries can make this category less practical. In fact, many Chinese and Indian applicants already living in the U.S. cannot concurrently file for adjustment of status alongside their I-526E under this category, which can delay their Green Card process even more.

Reserved EB-5 Visa

Reserved, or set-aside, EB-5 visas are available to investors from any nationality who filed their I-526E petitions on or after March 15, 2022. Nonetheless, they are especially helpful for applicants from backlogged countries like China and India. Since reserved visas are new, and the demand is still growing, they currently offer faster processing and shorter waiting times.

As of now, all reserved visa categories have current priority dates, which means there are no official delays. However, demand for these visas, especially high-unemployment set-asides, is growing quickly. USCIS has not yet processed most of these petitions to the visa stage, but once they do, backlogs could form in the future. Starting the process early can help investors avoid long wait times down the line.

When Does an Investor Choose an EB-5 Visa Type?

Investors choose an EB-5 visa type at the time they select a project. The location and type of project determine whether you apply for a reserved or unreserved visa. To qualify for a reserved visa, your project must be located in a rural or high-unemployment TEA or qualify as a government-supported infrastructure project.

Due to these requirements, it is important to do thorough research on any project before investing. USCIS decides if a project qualifies as a TEA during its review of the project’s Form I-956F. As part of your due diligence, you should ask for the project’s I-956F approval notice and confirm which visa category the project is approved for.

You can then match this information with your personal immigration goals. When you file your Form I-526E, you’ll need to check a box indicating the type of project you’re investing in. USCIS will ultimately verify your visa category based on the project’s approved status.

Step-by-Step Guide to Choosing the Right EB-5 Visa Path

As a result of how complex an EB-5 investment could be, you need to conduct thorough due diligence before choosing a visa type and a project. Below is a quick guide on how to make an informed decision:

1. Define your investment goal: Think about your long-term goals. Do you want to prioritize a faster path to a visa, lower investment costs, or higher returns?
2. Check your budget: To invest in a standard EB-5 project, you need $1,050,000. However, if the project qualifies as a rural or high-unemployment targeted employment area (TEA), the minimum drops to $800,000. Many EB-5 investors choose TEA projects to benefit from the lower threshold and faster processing times.
3. Evaluate the EB-5 project: Look into the project’s financial health, job creation plan, and approval status. Also, review offering documents, financial statements, and the background of the project developer.
4. Look at the timeline and visa availability: If you come from a country with many EB-5 applicants (like China or India), you may wait years for a visa in the unreserved category. However, if you choose a reserved category, such as a rural EB-5 project, you may be able to get a visa faster.
5. Speak with trusted advisors: Before making a decision, consult experts such as immigration attorneys, financial advisors, and project managers. They can help you weigh the project options you have so you can minimize risk.

Choose the Right EB-5 Visa With EB5AN

Choosing the right EB-5 visa path takes time, research, and careful planning. Your decision ultimately affects your level of involvement, financial risk, and how long it may take to receive your Green Card. Therefore, you should seek professional guidance early on to avoid unnecessary mistakes and delays.

At EB5AN, we have experts who can help you find the right path towards your permanent residency in the United States. With a track record of helping over 2,300 families from over 70 countries relocate successfully to the U.S. as permanent residents, we are confident we can help you achieve your immigration goals as well.

Book a free consultation today to find the ideal EB-5 visa option for you.