Under the new EB-5 law, the EB-5 quota is a bit more complex, but for some it provides opportunities not in the old law.

The general EB-5 quota of about 10,000 visas is separated to also include three new “reserved” EB-5 visa categories based on investments in the following areas:

Because these “reserved” categories are new, they have no backlogs – yet. And unused visas in 2022 may carry over to 2023. The estimated number of reserved visas available next year may be 4,476, with total EB-5 visas of 13,987.

One who files an EB-5 I-526 in a “reserved” category now may get at the front of the new reserved visa quota. Note, reserved “rural” applications are supposed to be “expedited.”

People born in India, China and Vietnam can only get about 7% of the “reserved” visas – so the reserved quota may soon backlog for people born in these countries. Thus, it is best to invest and file an I-526 now to be at the front of the visa line.

Currently, the EB-5 India quota is backlogged to November 2019 (as of this newsletter 01/20/2023). I-526s filed before that date may have their immigrant visas issued or those in the U.S., may apply for adjustment of status (form I-485).

For non-Indian, Chinese and Vietnamese born EB-5 applicants, there are plenty of visas, but visa processing is very slow.

Some Chinese EB-5 applicants are making new investments and filing new rural reserved I-526 applications to immigrate more expeditiously.

The Chinese EB-5 quota remains very backlogged but it may advance due to rollover visas – however the reserved visas will take some visas away from those available.

It is also possible some Chinese born applicants, (and there are rumors of such) who have been waiting a very long time for an EB-5 visa number may sue the Department of State challenging how roll over unused reserved visas are allocated – i.e., they may argue they should not stay in the reserved category but go to the general EB-5 category. One expert has said he thinks this is how the law is supposed to work.