Overview of EB-5 Visa Category Allocation (FY 2025)
Under U.S. immigration law, 7.1% of the worldwide employment-based green card quota is allocated to EB-5 investors. Following the 2022 EB-5 Reform and Integrity Act, 32% of EB-5 visas are reserved for the following special categories:
- 20% for Rural Projects
- 10% for High-Unemployment Area Projects
- 2% for Infrastructure Projects
The remaining 68% are categorized as “unreserved” and are subject to country caps and possible backlogs.
What Is the EB-5 Backlog?
A visa backlog occurs when the demand for EB-5 green cards exceeds the annual supply for applicants from a specific country. When this happens, only those with a priority date earlier than the posted “Final Action Date” in the Visa Bulletin can move forward to green card approval.
- “C” = Current: no backlog; visas available for all qualified applicants.
- Date shown = Backlogged: only those with priority dates before that date may proceed.
Final Action Dates for EB-5 (Visa Bulletin – June 2025)
June 2025-visa Bulletin
| Category | China (Mainland-born) | India | All Other Countries |
|---|
| Unreserved (C5, T5, I5, R5, NU, RU) | 📌 22JAN2014 (backlogged) | 01MAY2019 | Current ✅ |
| Reserved – Rural (20%) | Current ✅ | Current ✅ | Current ✅ |
| Reserved – High Unemployment (10%) | Current ✅ | Current ✅ | Current ✅ |
| Reserved – Infrastructure (2%) | Current ✅ | Current ✅ | Current ✅ |
For Chinese-born applicants, only reserved EB-5 categories are current in 2025. All unreserved projects are significantly backlogged.
Comparison: Backlogged vs. No-Backlog EB-5 Projects
| Factor | Backlogged Projects (Unreserved) | Reserved Projects (Rural, TEA, Infrastructure) |
|---|
| Green Card Wait Time | 5+ years (China) | 1.5–2 years (typical) |
| Priority Date | Backlogged | Current |
| Child Aging-Out Risk | High | Low (protected under CSPA) |
| Investment Amount | $800K / $1.05M | $800K (with faster processing) |
| Concurrent Filing (I-526E + I-485) | Not always available | Yes (if in the U.S.) |
| Risk of Policy Change | Higher over long wait | Lower with quicker approval |
FAQs
Q1: I’m born in mainland China. How can I avoid the backlog?
Answer: Only by choosing a reserved EB-5 project (rural, high-unemployment, or infrastructure) can you bypass the current unreserved category backlog. These categories are “current” in 2025.
Q2: Are all rural or TEA projects guaranteed to be “no backlog”?
Yes, as of the June 2025 Visa Bulletin, all reserved EB-5 categories are marked “C” (Current). Rural projects are prioritized by law and typically see the fastest processing under USCIS.
Strategic Recommendations
You should strongly consider a reserved EB-5 project if you:
- Have children nearing age 21
- Want to obtain a green card in 2 years or less
- Plan to adjust status inside the U.S. via concurrent filing
- Prefer less exposure to policy or quota risk
Tip: Choose a reputable project from an approved regional center with full fund transparency and compliance with USCIS integrity rules.
Wang Law LLC – Your Trusted EB-5 Partner
Our firm specializes in EB-5 immigration law and regularly represents investors from China, Canada, and beyond. We assist with:
- Project due diligence (no referral bias)
- Source of funds and fund path compliance
- I-526E petition preparation
- Concurrent I-485 filing (U.S.-based applicants)
- CSPA strategy to protect aging-out children
📞 Schedule a Consultation With Us
- Wang Law LLC/WANG LAW GROUP
- Website: www.wanglaw.com
- Email: david@wanglaw.com
- Phone: +1 (312) 519-1115
- Based in Illinois, serving clients across the U.S., Canada, and China