If the EB-5 program were a theme park, the visa rollercoaster would be thrilling, but you’ll want a fast pass to avoid the lines.
The EB-5 Immigrant Investor Program provides a distinct pathway to U.S. permanent residency for foreign investors. By investing in a U.S. business and creating or preserving at least 10 full-time jobs for American workers, investors and their immediate family members can become eligible for a green card.
The program, managed by the U.S. Citizenship and Immigration Services (USCIS), has seen significant changes, particularly with the introduction of the EB-5 Reform and Integrity Act of 2022. This legislation aimed to address issues of fraud, enhance transparency, and streamline the application process. As a result, the program remains a popular option for foreign nationals seeking to invest in the U.S. and secure permanent residency.
This blog offers a detailed analysis of EB-5 visa statistics and annual limits, providing insight into how the program operates, visa allocation structures, and emerging trends that prospective investors should be aware of.
Understanding the EB-5 Visa Program
The EB-5 Immigrant Investor Program is a U.S. government initiative designed to stimulate economic growth by attracting foreign investment. It allows eligible investors and their immediate family members (spouses and unmarried children under 21) to apply for U.S. permanent residency, also known as a green card, in exchange for investing in a U.S. business and creating jobs for American workers.
There are two primary investment options for investors:
- Direct Investment: In a Direct Investment, the investor actively participates in the business by either starting a new venture or investing in an existing one. This route requires the investor to be directly involved in managing the business’s operations.
- Regional Center Investment: This option is a more passive form of investment. Investors can participate through government-approved Regional Centers, which are organizations designated by the U.S. Citizenship and Immigration Services (USCIS) to manage and oversee investment projects.
To qualify for the EB-5 program, the standard investment requirement is $1.05 million. However, if the investment is made in a Targeted Employment Area (TEA)—designated as either a rural area or one with high unemployment—the investment requirement is reduced to $800,000.
Regardless of the investment path chosen, the investor must create or preserve at least 10 full-time jobs for qualified U.S. workers within two years to meet the program’s requirements and ultimately obtain permanent residency.
Consider consulting with an experienced immigration attorney to navigate the complexities of the EB-5 application process effectively. The Law Offices of Sweta Khandelwal can provide the specialized legal guidance necessary to select the investment option best suited to your circumstances.
Annual Visa Cap and Country Limits
Each fiscal year, the U.S. government allocates 10,000 EB-5 visas. Visas shall be made available for foreign investors and their immediate family members, including spouses and unmarried children under 21, not to exceed 7.1 per cent of such worldwide level. However, because this allocation covers not only the principal investor but also their family, the actual number of families that can benefit from the program is typically fewer than 10,000 annually.
The 10,000 visas are divided into two main categories:
- Unreserved Visas
7,000 visas (or 70% of the total allocation) are considered unreserved and are available to any qualifying EB-5 investor, regardless of whether they invest in a rural, high-unemployment, or other designated area. These visas can be claimed by any investor who meets the program’s requirements, making them more flexible and accessible.
- Set-Aside Visas
The remaining 3,000 visas (30% of the annual allocation) are reserved for investments in specific categories to encourage development in underdeveloped or underserved areas:
- Rural Areas: 2,000 visas (20%) are set aside for investments in rural regions, where economic development is needed most.
- High-Unemployment Areas: 1,000 visas (10%) are allocated for investments in areas with high unemployment, helping to create jobs where they are most needed.
- Infrastructure Projects: 300 visas (3%) are reserved for investments in infrastructure projects, such as transportation or energy, contributing to national growth.
- Country Limits
To promote diversity and ensure fair distribution of the visas, there is a 7% per-country cap, meaning no single country can receive more than 700 of the 10,000 visas in a given year. If a country does not use its full quota, surplus visas may be reallocated to other countries. This cap helps prevent a single country from dominating the program while encouraging broader global participation.
Each country is subject to a 7% per-country cap, meaning no single country can receive more than 700 of the 10,000 visas unless surplus visas are available.
Also Read: L-1A Visa to Green Card Transition: Process and Requirements
How Visa Allocation Works
When the number of EB-5 applicants exceeds the available visas, the U.S. Department of State uses a visa bulletin-based backlog and retrogression system to manage the allocation of visas. This means that applicants from countries that exceed their annual cap, such as China and India, may face significant delays. These applicants must wait for their priority date to become current before they can receive a visa, often resulting in lengthy wait times of several years.
However, the set-aside visa categories (for rural, high-unemployment, and infrastructure projects) offer a valuable workaround:
- These reserved visas are exempt from the 7% per-country limit.
- They are allocated separately from the unreserved pool.
- Investors using these categories often enjoy faster processing and shorter wait times, even if they’re from high-demand countries.
If you’re planning your EB-5 investment from a high-demand country, exploring set-aside visa categories could accelerate your path to residency. Legal experts, such as Sweta Khandelwal, can provide crucial insights to optimize your investment strategy.
Rollover Rules
To ensure optimal use of available visas, unused set-aside visas roll over within their respective categories into the next fiscal year.
- For example, if only 500 of the 2,000 rural set-aside visas are used, the unused 1,500 roll into the rural category the following year.
- These rollovers help boost availability in future years, offering more opportunities for new investors.
- After two years of non-use, unused reserved visas may be reassigned to the unreserved pool, opening them up to any qualified investor.
Also Read: Transitioning from L-1 Visa to EB-1C Green Card: A Comparative Analysis
Recent EB-5 Visa Statistics
Fiscal Year 2024 witnessed a strong rebound in the EB-5 program after challenges caused by COVID-19 and the 2022 Reform Act.
- According to USCIS statistics, a total of 4,567 I-526E petitions were filed in FY2024.
- This surge reflects renewed investor confidence and a growing global interest in U.S. residency through investment.
- While China has traditionally led the way in EB-5 usage, countries such as India, Vietnam, South Korea, and Taiwan are now emerging as major contributors.
- In Q1 of FY2025, there was a noticeable spike in petitions from Vietnam and Taiwan, especially in the rural and high-unemployment set-aside categories.
Also Read: Changes and Evolution in the H-2A Visa Program Process
Trends in Reserved Visa Usage
Despite the availability of 3,000 set-aside visas each year, historical usage has been relatively low.
- In FY2023, fewer than 500 rural visas were actually issued.
- However, the trend is shifting as more investors become aware of the benefits of the reserved categories.
- Investors from countries with long waitlists, such as China and India, are now utilizing these strategic categories to circumvent delays.
- Developers are responding by designing projects tailored to meet the rural and high-unemployment criteria, attracting more investors to these faster tracks.
As developers tailor projects to meet specific visa categories, having an immigration attorney like Sweta Khandelwal involved early in the process can ensure that you avoid common pitfalls and make the most strategic investment decisions under the EB-5 program.
Family Size and Visa Usage
Another critical factor in visa allocation is the family size of EB-5 applicants. Each family member counts toward the annual visa cap. Data indicate that U.S.-based EB-5 investors, often holding H-1B visas, tend to have larger families (2–3 dependents), whereas international applicants frequently apply alone or with only one dependent.
This dynamic has implications for the rate at which visa numbers are exhausted. A larger average family size means fewer principal investors can be accommodated within the 10,000 annual limit.
Per-Country Demand and Retrogression
China remains the most backlogged EB-5 country, followed by India and Vietnam. For Chinese investors in the unreserved category, retrogression can lead to wait times exceeding 10 years. The set-aside categories present a significant opportunity for these applicants to bypass the delays.
The Department of State Visa Bulletin provides monthly updates on cutoff dates, indicating when applicants from specific countries can proceed to the next stage of the visa process. Investors are advised to consult with immigration attorneys to select investment categories based on the most current data, making strategic decisions.
Also Read: H-2A Visa Process for South African Agricultural Workers
Impact of the Reform and Integrity Act of 2022
The EB-5 Reform and Integrity Act reauthorized the Regional Center program and introduced numerous changes aimed at increasing transparency, protecting investors, and encouraging investments in underserved areas.
Key outcomes of the Act include:
- Reinstatement of regional center investments with more oversight.
- Introduction of set-aside visa categories.
- Faster processing for specific categories.
- Greater clarity on project compliance and fund tracking.
These changes have played a pivotal role in the program’s renewed popularity and surge in investor applications.
With the evolving legal landscape of the EB-5 program, staying informed about regulatory changes is vital. Partnering with a trusted law firm, such as The Law Offices of Sweta Khandelwal, can provide ongoing support and guidance through the application journey.
What Investors Should Expect?
As of fiscal year 2025, the EB-5 program is experiencing heightened interest and increasing application volumes. With growing global economic uncertainty, the security and benefits of U.S. permanent residency are drawing investors worldwide.
Prospective applicants should:
- Monitor the monthly visa bulletin closely.
- Consider set-aside categories for faster processing.
- Consult with experienced immigration professionals.
- Be mindful of the impact of dependents on visa availability.
The increasing usage of reserved categories, particularly by investors from Vietnam and Taiwan, reflects a strategic shift in global investment behavior. As backlog pressures mount, more investors will likely pivot to rural and infrastructure projects.
Conclusion
Understanding EB-5 visa statistics and annual limits is crucial for any potential investor. The 10,000-visa annual cap, per-country ceilings, and the strategic use of reserved categories significantly influence wait times and approval chances. With demand rising and new reforms in place, timing and investment choice are more critical than ever. For those seeking a smoother and faster path to U.S. residency, aligning with set-aside categories and staying informed about the latest data trends can provide a significant advantage in the competitive EB-5 process.
Need expert legal guidance on your EB-5 journey?
Partner with a trusted name in immigration law — The Law Offices of Sweta Khandelwal. With over 18 years of experience, Attorney Sweta Khandelwal leads a top-tier immigration law firm based in the Bay Area, California, with offices in San Jose and Palo Alto. The firm offers personalized, in-depth legal services covering business immigration, family-based immigration, visas, green cards, and U.S. citizenship.
Get the expert support you need — schedule a consultation today and take the next step toward your American dream.
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.
