Since the EB-5 Reform and Integrity Act of 2022 (RIA) created visa set-asides for rural and high-unemployment projects, a rare and temporary opportunity has emerged for investors to secure faster U.S. residency. Despite the availability of thousands of reserved visas over the past two years, very few have been issued—and that gives early filers a distinct advantage.
Recent USCIS data and industry analysis point to a short-lived gap between available visa supply and processed demand. While the number of I-526E petition filings is rising, actual visa issuance in the reserved categories remains minimal, largely due to delays in project approvals and USCIS adjudications. For investors who act now, this means getting ahead of the crowd before backlogs begin.
Reserved Categories: Still Wide Open
The RIA reserved 32% of EB-5 visas for three categories:
20% for rural projects
10% for high-unemployment urban projects
2% for infrastructure projects
Despite these set-asides being available since FY2022, recent data indicate that they remain far from being fully utilized. USCIS has issued only a small number of visas in these categories, primarily due to delays in processing—not lack of investor interest.
That’s good news for new petitioners. Because the backlog is primarily composed of pending, rather than approved, petitions, the visa queue remains relatively short. Filing now can secure a place near the front of the line.
Urban Backlogs Are Forming Fast
USCIS recently released updated I-526E filing data through January 2025, showing that urban project filings have surged—mainly from India and China. This demand is rapidly creating a multi-year backlog, with projections of 5–10 years of wait time in the high-unemployment category.
By contrast, filings under the rural category remain relatively low. Investors choosing rural projects may see timelines of 2–3 years or less, depending on the adjudication speed. For now, rural investors still benefit from concurrent filing, which enables them to apply for work and travel authorization while waiting for petition approval.
Once a category becomes oversubscribed, those benefits are lost—especially for investors from countries with high demand like China and India. The rural category offers a way around that, but only as long as the window remains open.
Filing Early Locks in Priority
Lucid Professional Writing recently highlighted that the current backlog is primarily administrative. The bottleneck isn’t in visa availability—it’s in the time it takes USCIS to approve projects (I-956F) and investor petitions (I-526E).
That dynamic won’t last. As USCIS clears more project approvals and adjudicates petitions, the system will shift from paper delays to real visa demand. At that point, the queue will fill up, and new investors could face long waits for visa availability.
Investors who file now are not competing with thousands of approved applicants. They’re filing into a system where demand has not yet reached the point of oversubscription, particularly in the rural category.
The Rural Advantage
The rural category stands out for several reasons:
Priority processing under the RIA
Lower volume of filings
Reserved visa supply
Concurrent filing for EAD and advance parole
For Indian and Chinese investors, these benefits are especially valuable. Other immigration pathways (such as EB-2 and EB-3) often involve wait times of a decade or more. EB-5 rural may be one of the few remaining options for gaining status in the U.S. within a few years, with work and travel authorization available in the meantime.
Projects Should Prepare Now
For EB-5 issuers, this is a key moment. Projects with I-956F approvals are well-positioned to attract investors quickly. Those still waiting on project approvals risk missing the current wave of investor interest.
Investor awareness is growing. Once filings pick up and visas begin to be issued, the rural category will follow the same path as urban: backlog and retrogression. Projects should be ready with compliant documentation, marketing materials, and platforms that can respond quickly.
Conclusion: Don’t Wait for the Line to Form
The EB-5 program is in transition. For the past two years, slow processing has kept demand from fully hitting the visa system. That’s now changing. The next wave of approvals will translate into real competition for reserved visas—and long delays for those who wait.
Investors who act now can avoid retrogression, maintain eligibility for concurrent filing, and secure a priority spot in the queue. For Indian and Chinese applicants in particular, rural EB-5 represents one of the fastest routes to a U.S. Green Card.
