Asha had been waiting for years. Her EB-5 petition was stuck in a long queue, and each update felt like a dead end. Born and raised in India, she had invested her life savings into a U.S. project, hoping for a better future. But months turned into years, and still no green card.
She started questioning her timing, her decision, even the process. Then her attorney introduced her to a lesser-known route, a category that offered reserved spots and shorter waits.
That’s when she discovered something that could change the game entirely for investors like her. EB-5 set-aside visas are creating new hope for those facing delays under the standard EB-5 route. If you are in Asha’s shoes for a while, this blog will help you to explore how EB-5 set-aside visas are giving backlogged investors a chance to move forward faster and smarter.
EB-5 Program & the 2022 Set-Aside Breakthrough
The EB-5 program isn’t new. It started back in 1990 when Congress created a way for foreign investors to gain lawful permanent residence while helping the U.S. economy grow. You invest. You create jobs. You open doors for yourself and others.
To qualify, your investment must go into a new commercial enterprise. That’s any for-profit business set up after November 29, 1990, or an older one that’s been restructured or expanded enough to count as “new.” This doesn’t include buying a vacation home or running your personal blog. It means a legitimate business activity that creates jobs and drives economic growth.
These businesses can be anything from a sole proprietorship to an LLC, partnership, or corporation. The point? They must be real ventures creating at least ten full-time roles for U.S. workers.
Now, let’s talk about the shift that changed everything.
- In March 2022, the EB-5 Reform and Integrity Act was signed into law. That law brought fresh oversight, renewed the Regional Center Program, and introduced something that hadn’t existed before visa reservations.
These are now known as EB-5 set-aside visas, and they are earmarked for specific types of investments: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure.
This shift didn’t just tweak the rules. It reshaped how investors approach the EB-5 path, especially if you’re coming from a country with a high visa demand.
Curious if your project qualifies for a set-aside category? Contact the Law Offices of Sweta Khandelwal. You might be closer than you think.
Key Benefits of EB-5 Set-Aside Visas
Choosing an EB-5 investment route is about how efficiently your visa moves forward. That’s exactly why EB-5 set-aside visas are worth your attention.
1. Priority Processing
Priority processing is one of the most important benefits of EB-5 set-aside visas. Here’s how it works:
- Rural Area Projects: Investors in rural area projects are given priority processing, meaning they are moved to the front of the line when it comes to visa issuance. This is crucial for those looking to speed up the immigration process and avoid long waiting times.
- Faster I-526E Review: Under the set-aside visa categories, the I-526E petition, which is the first step toward obtaining a green card, is reviewed more quickly than in standard EB-5 applications. This can significantly reduce the uncertainty surrounding your investment and immigration timeline.
- Reduced Waiting Times: Without set-aside categories, applicants often face years of waiting due to high demand and limited visa availability. However, set-aside visas offer a direct route that cuts down this wait. For example, investors in rural areas or high-unemployment regions are processed faster, allowing them to begin their green card journey much sooner.
This is especially important for investors who need to relocate quickly for business or personal reasons.
2. Concurrent Filing Option
- If you’re already in the U.S., you can file Form I-485 along with Form I-526E.
- That means green card processing begins immediately.
- No need to wait months or years just to move ahead.
3. Reserved Visa Numbers
- Specific visa quotas are set aside just for:
- Rural area investments (20%)
- High-unemployment areas (10%)
- Infrastructure projects (2%)
- This protects you from the typical EB-5 visa backlog.
4. Better Strategy for High-Demand Countries
- Countries like India and China often face regression.
- Set-aside categories reduce delays tied to visa caps.
- You get a cleaner, more direct route to permanent residency.
Also Read: USCIS EB2 Visa Eligibility and Status Adjustment Guide
EB-5 Set-Aside Visa Categories & TEA Criteria Explained
For EB-5 investors, understanding the specific criteria for Targeted Employment Areas (TEA) and Infrastructure Projects is essential to ensuring your investment is aligned with the benefits offered by the program. Before you dive into the EB-5 process, one thing’s clear: you need to show that the money you’re investing is actually yours.
That means you either already have the funds or you’re committing to pay them through a valid promise, like a promissory note. However, your investment can’t come with strings attached. If there’s a guarantee you’ll get it back or earn a fixed return, it won’t count. This needs to be a real risk in a real business.
Next, the amount you need to invest depends on two things: when you apply and where the money’s going.
If you applied before March 15, 2022, the standard investment was $1 million, or $500,000 if you put your money into a qualifying area. After that date, the bar moved slightly higher, which is $1.05 million for most projects, but a reduced $800,000 if you’re investing in what’s called a Targeted Employment Area, or TEA. This lower threshold also applies to infrastructure projects. Keep in mind, these numbers will be adjusted every five years based on inflation, so the next update kicks in on January 1, 2027.
The EB-5 set-aside visas are divided into three specific categories, each designed to promote economic development in key areas of need. Understanding where your investment fits can make all the difference in how quickly your visa is processed.
Picking a TEA investment doesn’t just lower your cost. It also gives you access to priority processing and fewer delays. Basically, you’re playing smart from the start. TEAs are:
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Defining Rural Areas (Outside MSAs, Population Under 20,000)
20% of all EB-5 visas are set aside for investors in rural areas, defined by population limits and economic need. A rural area is defined as any area outside a Metropolitan Statistical Area (MSA) and any location with a population of fewer than 20,000 residents, based on the most recent census data. These areas are typically more economically distressed and in need of revitalization, which is why they’re prioritized in the EB-5 program.
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Criteria for High-Unemployment Areas (150% of National Average Unemployment)
10% of EB-5 visas are reserved for projects in areas where unemployment rates are significantly above the national average. A high-unemployment area is a region where the unemployment rate is at least 150% of the national average. The U.S. government identifies these areas as economically distressed, making them prime locations for job-creating projects. The high-unemployment designation can be applied to a specific census tract or a combination of contiguous census tracts.
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What Qualifies as an Infrastructure Project
2% of EB-5 visas are reserved for infrastructure-focused investments, such as public transportation or utilities. Infrastructure projects are those that involve public works, such as transportation systems, utilities, or other government-approved projects. These investments are typically managed by government entities, including federal, state, or local agencies.
The goal is to fund the maintenance, improvement, or construction of critical infrastructure that benefits the public. These projects are often seen as vital for long-term economic growth, which is why the government supports them through accelerated visa processing for investors.
Looking to invest in a high-demand area? Reach out to The Law Offices of Sweta Khandelwal for guidance on the best path for you.
Application Tips: Avoiding Delays and Filing Strategically
The process of applying for an EB-5 visa can be complex, especially with the varying requirements across different investment categories. To ensure your application goes smoothly and you don’t face unnecessary delays, it’s important to file strategically. Here are some key tips to help you navigate the process effectively:
1. Apply Early to Secure Your Place in Limited Quotas
One of the most crucial strategies when applying for an EB-5 visa, especially through the set-aside categories, is to apply early. With limited quotas available, waiting too long could mean missing out on your chance to benefit from these reserved visa numbers.
2. Work with Experienced Legal Counsel
The EB-5 process involves strict compliance with numerous rules and regulations. That’s why it’s vital to work with experienced legal counsel who specializes in EB-5 visas and understands the nuances of Targeted Employment Area (TEA) criteria.
- Navigating EB-5 and TEA Requirements: An experienced attorney can help ensure that your investment meets the specific standards set by USCIS for TEA eligibility. This will prevent costly errors that could delay or even derail your application.
- Ensuring Compliance: Legal counsel can also help you choose projects that meet the investment requirements and ensure that your investment falls within the eligible geographic areas, such as rural or high-unemployment zones.
- To Avoid RFEs, Delays, and Denials: Request for Evidence (RFE) notices are common in EB-5 applications, and they can significantly delay your processing time. To minimize the chances of receiving an RFE, it’s critical to have expert guidance throughout the application process.
Following these tips will not only speed up your EB-5 application but also increase your chances of successfully obtaining your visa without unnecessary delays. Contact Sweta Khandelwal for expert guidance on your EB-5 application and to ensure that you’re filing strategically.
Also Read: EB2 NIW Visa Processing Time: Requirements and Differences
Final Thoughts
In conclusion, the EB-5 set-aside visa categories offer a clear advantage for investors looking for faster processing times and a more secure path to U.S. permanent residency. Whether it’s the priority processing for rural and high-unemployment area projects or the ability to file concurrent petitions, these benefits can significantly reduce waiting times and improve your chances of success.
If you’re navigating the complexities of the EB-5 process, it’s crucial to consult with an expert who can guide you through the application. The Law Offices of Sweta Khandelwal are here to provide you with the best strategies for your EB-5 investment journey. Sweta Khandelwal and her team specialize in helping investors like you make informed decisions. Contact the Law Offices of Sweta Khandelwal today to begin your successful EB-5 journey.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
