While the EB-5 visa process follows the same basic steps for all applicants, your country of birth can significantly affect how long it takes to obtain a Green Card. Investors from oversubscribed countries, such as China and India, often face visa backlogs and extended wait times. In contrast, nationals from low-demand countries typically enjoy faster processing, fewer delays, and more immediate access to available visas.

Changes introduced by the EB-5 Reform and Integrity Act of 2022 (RIA) have further expanded the opportunities for these investors, creating new visa set-aside categories and streamlining the process for those who qualify.

In this article, we’ll explore how the EB-5 process works for nationals of low-demand countries, highlight the unique advantages they enjoy, and explain why now may be one of the best times to apply.

What Is the EB-5 Visa?

The EB-5 Immigrant Investor Program, established by the U.S. Congress in 1990, was designed to stimulate the U.S. economy through foreign investment and job creation. Under this program, eligible investors can obtain permanent U.S. residency by investing in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

There are two standard investment thresholds, depending on where the project is located:

• $1,050,000 for investments in standard locations.
• $800,000 for projects located in targeted employment areas (TEAs), which include rural regions and areas with high unemployment.

If an investor fulfills all program requirements, including the investment amount, job creation criteria, and documentation of lawful source of funds, they, along with their spouse and unmarried children under age 21, become eligible to apply for U.S. Green Cards.

What Are Low-Demand Countries?

A low-demand country is one where the number of people applying for the EB-5 visa is much lower than the annual visa limit set for each country. Under the EB-5 program, the U.S. government allocates approximately 7% of the total available EB-5 visas each year to applicants from a single country, but not all countries reach this cap.

In a low-demand country, the number of EB-5 applicants is usually far below the annual limit. This gives investors from these countries advantages such as shorter wait times and no visa backlogs. Examples of low-demand countries include Canada, Germany, South Africa, Australia, Brazil, and many others in Europe, Africa, and Latin America.

While visa retrogression is always a possibility if demand unexpectedly surges, most low-demand countries have not historically faced this issue. On the other hand, countries like China and India often face visa retrogression and backlogs because they typically reach or exceed their visa limits.

Advantages for Nationals of Low-Demand Countries

Nationals from low-demand countries enjoy several important advantages when applying for an EB-5 visa. Because their countries have fewer applicants, they typically avoid many of the challenges faced by investors from high-demand countries like China or India. This can make the EB-5 process faster, simpler, and more flexible. Some of the key advantages include:

• Faster Visa Processing: With fewer applicants competing for visas, investors from low-demand countries often experience significantly shorter wait times at both the I-526E petition stage and during visa issuance.
• Immediate Access to All Visa Categories: Investors can choose freely among unreserved visas and set-aside categories (such as rural or high-unemployment TEA projects) without worrying about backlog restrictions.
• Higher Predictability and Lower Risk of Retrogression: Because their countries rarely reach the visa cap, investors from low-demand countries face a much lower risk of retrogression or delays in their immigration timeline.
• Greater Flexibility in Investment Planning: Without long waiting periods, investors can better coordinate their immigration plans, educational opportunities for children, and business ventures in the U.S.

While no EB-5 investor is completely immune to future changes in demand, nationals from low-demand countries are currently in a highly favorable position to complete the process efficiently and secure U.S. permanent residency with fewer obstacles.

Step-by-Step EB-5 Process

The EB-5 visa process for low-demand country investors follows the same steps as other applicants. However, since fewer people are applying, investors may enjoy shorter waiting times. Below is a guide to each step:

1. Select a Qualifying Investment Project

With no backlog or retrogression in any categories, investors from low-demand countries can choose their preferred investments. This includes direct investments and regional center projects, without concern for long waits or cutoff dates.

With a direct investment, you invest in your own business and actively manage it to ensure it creates at least 10 full-time jobs for U.S. workers. In contrast, a regional center project lets you invest through a USCIS-approved regional center. This option allows you to take a more passive role in the investment, in addition to other benefits.

2. Prove the Legal Source of Funds

Before you invest, you must gather and organize proof that your investment money comes from legal sources. U.S. Citizenship and Immigration Services (USCIS) checks this closely to ensure the funds were obtained through lawful means. You can use many legal sources such as salary savings, sale of property, loans backed by assets, gifts from family, or profits from a business.

If you use multiple sources of funds, you must explain how each one fits into your full investment amount. You are expected to show clear records like tax returns, bank statements, sale contracts, and loan documents.

3. File Form I-526E

After selecting your project and preparing the documents for your source of funds, you must file Form I-526E. This form tells the government that you want to become an EB-5 investor and have invested or are actively investing in a qualified U.S. project.

Once you submit the form, you will receive a receipt notice. From this point, your case is under review. If you are from a low-demand country, your wait for approval may be shorter than applicants from high-demand countries.

After you file your petition, USCIS will review your documents and project details to ensure they meet all EB-5 requirements. Under the EB-5 Reform and Integrity Act of 2022, there are set-aside visa categories for rural and high-unemployment projects, which currently have no backlogs.

Rural TEA projects offer priority processing, with some I-526E petitions being approved in as little as 10 months. If more information is needed, you may receive a Request for Evidence (RFE). You will then need to provide additional documents that support your case.

4. Apply for a Green Card

If you live outside the United States, you must apply for an immigrant visa at a U.S. consulate. This process is called consular processing, which involves you attending an interview, providing biometrics, and submitting medical and civil records.

If you already live in the U.S. on another valid visa, you may apply for adjustment of status by filing Form I-485. This lets you change your status to a conditional permanent resident without leaving the country. For low-demand countries, visa availability is generally not an issue, making concurrent filing (Form I-526E + Form I-485 + work and travel permits if needed) more practical.

5. Conditional Green Card and Job Creation Requirements

After your EB-5 petition is approved and you either receive your immigrant visa or adjust your status, you and your family will be issued conditional Green Cards valid for two years. During this conditional period, your investment must fulfill the EB-5 program’s key requirement: creating at least 10 full-time jobs for qualified U.S. workers.

These jobs do not need to exist immediately at the time of your Green Card issuance. They can be created at any point during the two-year conditional residency period, as long as the job creation is completed by the time you file your Form I-829 petition to remove conditions.

6. File Form I-829 to Remove Conditions

Before your two-year conditional Green Card expires, you must file Form I-829 with U.S. Citizenship and Immigration Services (USCIS) to request the removal of the conditions on your permanent residency. To qualify, you must demonstrate that your EB-5 investment remained in the project, stayed at risk, and resulted in the creation of the required number of full-time U.S. jobs.

When filing Form I-829, you will need to submit updated business records, evidence of job creation (such as payroll reports or tax documents), and proof that your investment funds continued to be committed to the project throughout the two-year period.

Once your I-829 petition is approved, you and your eligible family members will become full, unconditional lawful permanent residents of the United States.

Secure Your Green Card Faster With EB5AN

While the EB-5 process can seem complex, nationals of low-demand countries often enjoy a smoother and faster path to U.S. permanent residency. However, success still depends on following every step carefully: choosing a compliant project, properly documenting your source of funds, and meeting all program requirements. Partnering with experienced EB-5 professionals can help you avoid mistakes and improve your chances of success.

At EB5AN, we have successfully helped over 2,300 families from more than 70 countries achieve their dream of relocating to the United States through the EB-5 program.

If you would like personalized guidance or a professional review of your EB-5 strategy, schedule a free one-on-one consultation with our expert team today.