EB-5 Backlog by Country: Wait Times for Every Major Nationality (2026)

Key facts#

The EB-5 program allocates approximately 10,000 immigrant visa numbers per fiscal year. When demand exceeds supply from any single country, a backlog forms. As of the current Visa Bulletin, two countries face significant unreserved EB-5 backlogs: China (mainland born) and India. Every other country of chargeability is current, meaning no wait beyond standard processing time.

However, all three reserved set aside categories created by the EB-5 Reform and Integrity Act of 2022 remain current for every nationality, including China and India. This is the single most important structural fact for investors from backlogged countries: the right project category eliminates the visa availability wait entirely.

All data in this article is sourced from the U.S. Department of State Visa Bulletin, USCIS quarterly statistics, and the Immigration and Nationality Act. Consult an immigration attorney for advice specific to your situation.

Current unreserved EB-5 backlog by country#

The unreserved EB-5 category (which covers all direct investments and regional center projects that do not qualify for a set aside) is subject to per country limits. The per country limit generally caps any single country at 7% of the combined family and employment preference visas in a year. When one country's demand exceeds its share, its numbers are prorated across the employment categories, which is why China and India have dated Final Action Dates while other countries are Current.

China (mainland born)#

Final Action Date: December 1, 2016

Effective backlog (visa-bulletin backlog, unreserved): approximately 10 years

China has the longest EB-5 backlog of any country. Mainland China born investors who filed unreserved EB-5 petitions today would face an estimated approximately 10 years visa-bulletin backlog (unreserved) before a visa number becomes available, separate from standard I-526E processing time. This backlog reflects decades of high demand: Chinese investors dominated EB-5 filings from approximately 2010 to 2019, creating a structural queue that continues to unwind.

For a detailed breakdown of how set aside categories change the calculus for Chinese investors, see our reserved visa categories guide.

Critical nuance: The backlog applies only to mainland China born applicants. Investors born in Hong Kong or Taiwan are charged separately and are currently current in the unreserved category. Chargeability is determined by country of birth, not citizenship or residence.

Source: U.S. Department of State, November 2026 Visa Bulletin, Employment Based 5th Preference. Blue trust tier.

India#

Final Action Date: December 1, 2023 (November 2026 bulletin)

Effective backlog: Roughly three years behind the current date

History: India's unreserved 5th preference Final Action Date was May 1, 2022 through spring 2026, then became Unavailable from June 5, 2026 for the rest of FY2026 after India reached its per country limit. The October 2026 (FY2027) bulletin restored a Final Action Date of December 1, 2023, unchanged in November 2026. India's Dates for Filing chart shows May 1, 2024. India's set aside categories (Rural, High Unemployment Area, Infrastructure) remain Current.

India's EB-5 backlog is newer but growing. Indian investor filings accelerated significantly after 2020, driven partly by extremely long EB-2 and EB-3 employment based backlogs (which exceed 10 to 15 years for India born applicants). Many Indian professionals are choosing EB-5 as a faster alternative to employer sponsored immigration.

Indian demand is high. India accounted for about 29% of FY2025 I-526E receipts (1,812 of 6,307), per USCIS by-country data, so the unreserved queue could lengthen if filing stays at that level.

Source: U.S. Department of State, November 2026 Visa Bulletin; USCIS Quarterly Statistics. Blue trust tier.

South Korea#

Status: Current (no backlog)

South Korean investors currently face no unreserved visa availability delay. South Korea received 325 EB-5 visas (including adjustments of status) in FY2024 (DOS Table V) and filed 279 I-526E petitions in FY2025 (USCIS); Korean demand remains well below the per-country cap threshold.

Vietnam#

Status: Current (no backlog)

Vietnamese investors face no unreserved backlog. Vietnam has been a consistent top 5 EB-5 investor country, with particular interest in rural and infrastructure projects.

All other countries#

Status: Current (no backlog)

Investors born in any country other than mainland China and India currently face no unreserved EB-5 visa availability backlog. This includes Brazil, Taiwan, the United Kingdom, the United Arab Emirates, Mexico, Nigeria, Iran, and all other nationalities. For these investors, the total EB-5 timeline is determined entirely by USCIS processing speed and consular appointment availability.

Source: U.S. Department of State, November 2026 Visa Bulletin. Blue trust tier.

Reserved set aside category status: current for all#

The EB-5 Reform and Integrity Act of 2022 created three reserved visa set aside categories with dedicated annual allocations:

What "Current" means: There is no backlog. An investor from any country, including China and India, who invests in a qualifying Rural, HUA, or Infrastructure project does not need to wait for a visa number. Their immigration timeline is determined solely by I-526E processing time and consular/adjustment processing.

This is a transformative structural advantage introduced by the RIA. Before 2022, Chinese and Indian investors had no way to bypass per country backlogs within the EB-5 framework. The set aside categories fundamentally changed the calculus for investors from high demand countries.

Source: INA 203(b)(5)(B), as amended by the EB-5 Reform and Integrity Act of 2022; U.S. Department of State Visa Bulletin. Blue trust tier.

Will set aside categories develop backlogs?#

This is a critical forward looking question. The answer depends on filing volume trajectories:

Rural (20%): Approximately 2,000 visas per year are available, plus any unused set-aside numbers carried over. Rural demand has grown quickly, and once derivatives (spouses and children) are counted, demand could eventually exceed supply. Rural stayed Current through the November 2026 bulletin, and the State Department has not announced a rural cutoff. If a rural cutoff ever appears, China and India born investors would likely be affected first because of per country limits.

High Unemployment Area (10%): Approximately 1,000 visas per year. HUA filing volumes are lower than rural, and current demand appears to be within supply. However, as awareness of the HUA processing speed advantage grows, this category could approach its cap.

Infrastructure (2%): Approximately 200 visas per year. This small allocation makes retrogression possible even with modest filing volumes, but infrastructure project supply is limited, keeping demand low for now.

Source: EB5Status analysis based on USCIS filing data and visa allocation structure. Gray trust tier (derived estimate, not a forecast).

How the per country cap works#

INA 202(a)(2) generally limits any single country to 7% of the combined family and employment preference limits. EB-5 receives 7.1% of the employment based worldwide level, roughly 10,000 visas per year. When a country is oversubscribed, INA 202(e) prorates its numbers across the preference categories, so a China or India born investor receives a share of EB-5 numbers rather than a fixed count.

However, this is a soft cap in practice:

1. Undersubscribed quarters: If total demand in a category is below the numbers available in a quarter, the per country limit does not apply to the extra numbers (INA 202(a)(5)).
2. Unused family numbers: Family based numbers that go unused in one year raise the next year's employment based limit, which raises EB-5's 7.1% share. (Unused EB-5 numbers fall up to EB-1; EB-5 does not receive fall across from other employment categories.)
3. Quarterly allocation: Visa numbers are distributed across fiscal year quarters, which can create temporary availability fluctuations.

The interaction between these mechanisms means the actual number of visas available to China or India in any given year varies.

Source: Immigration and Nationality Act, Section 202; USCIS Annual Report. Blue trust tier.

Backlog implications by investor profile#

New investors from current countries (not China or India)#

Timeline: I-526E processing (median 13.6 months for cases completed in FY2026 Q3; tool 80% range 34.5 to 36.5 months, published June 23, 2026) plus consular processing or adjustment of status (6 to 18 months). No visa availability wait.

Strategy: Choose a project based on merits, processing speed preference, and risk profile. USCIS publishes no category-level ranges, but rural petitions receive statutory priority processing and a dedicated queue (formalized February 25, 2026), so rural projects offer the fastest realistic processing path.

New investors from India#

Unreserved path: India's unreserved 5th preference reopened in the October 2026 bulletin at a December 1, 2023 Final Action Date after being Unavailable for the rest of FY2026, so a filer today joins a queue nearly three years behind and faces a multi-year wait. A fixed total timeline cannot be quoted from one bulletin.

Set-aside path (Rural/HUA/Infrastructure): I-526E processing only, no visa wait. Rural total timeline: approximately 2 to 4 years. This is roughly 3 to 5 times faster than the EB-2/EB-3 employment sponsored path for Indian nationals.

Recommendation: For Indian investors, the set aside category advantage is decisive. Filing in a rural project is the fastest available EB-5 path and is dramatically faster than employment based alternatives.

New investors from China (mainland born)#

Unreserved path: I-526E processing plus approximately 10 years visa-bulletin backlog (unreserved) wait. Total time to green card including processing: approximately 12 to 15+ years.

Set-aside path (Rural/HUA/Infrastructure): I-526E processing only, no visa wait. Rural total timeline: approximately 2 to 4 years.

Additional considerations: Chinese investors face additional complexity around capital transfer regulations (the SAFE annual $50,000 individual limit) and extended documentation requirements for source of funds. These factors add preparation time but do not affect the visa availability calculation.

Investors with pre RIA petitions#

Legacy I-526 petitions filed before the RIA keep their priority dates. Separately, regional center petitions filed on or before September 30, 2026 are grandfathered against a Regional Center Program lapse under INA 203(b)(5)(S); that filing window has closed. Pre-RIA filers from China with long waits should ask an attorney whether filing a new I-526E in a set aside category could provide a faster path than waiting for their legacy priority date to become current.

Monitoring backlog changes#

The Department of State usually publishes the Visa Bulletin in the middle of the month before it takes effect. EB5Status tracks every bulletin release and publishes analysis of EB-5 relevant movements.

Key indicators to watch:

1. Final Action Date movement: Forward movement means the backlog is clearing. Stagnation or regression means demand exceeds supply.
2. Dates for Filing chart: This alternate chart shows when applicants can submit adjustment of status or visa applications, which is earlier than the Final Action Date.
3. Set aside status changes: Any movement from "Current" to a specific date would indicate the first ever retrogression in set aside categories.

Frequently asked questions#

Does my country of citizenship determine my backlog?#

No. Visa availability is based on country of birth (chargeability), not citizenship or residence. A China born citizen of Canada is still charged to the China quota. However, cross chargeability rules allow an applicant to use their spouse's country of birth if it provides a more favorable priority date.

Can I switch from unreserved to a set aside category?#

If you have a pending I-526E petition in an unreserved category, you cannot simply switch categories. You would need to file a new I-526E with a project in a qualifying set aside area, with a new investment and a new priority date. The cost and timeline implications are significant. Discuss this option with your immigration attorney before taking action.

When will China's EB-5 backlog clear?#

No one can say with confidence. China's unreserved Final Action Date was December 1, 2016 in the November 2026 bulletin, roughly ten years behind, and its pace depends on total EB-5 demand, the number of visas available each year, and Congressional action. China's date moved about a year during FY2026, from December 2015 to December 1, 2016.

Is there any backlog for EB-5 direct investment?#

The direct investment (non regional center) EB-5 path uses the same unreserved visa allocation as regional center unreserved projects, so direct investors from China and India face the same unreserved cutoffs. Direct investments in a rural or high unemployment area can qualify for those set aside categories; the infrastructure set aside applies to regional center infrastructure projects.

Methodology and sources#

All visa bulletin data is sourced from the U.S. Department of State monthly Visa Bulletin publications. Backlog estimates are calculated by comparing current Final Action Dates to the present date. Filing volume estimates use USCIS Quarterly Statistics publications. Forward projections are EB5Status calculations using disclosed methodology and carry Yellow or Gray trust tier designations.

This article is updated monthly following each new Visa Bulletin release.

Data sources: U.S. Department of State Visa Bulletin (November 2026); U.S. Department of State Report of the Visa Office (FY2024, latest annual); USCIS Quarterly Statistics (FY2026 Q3); USCIS Check Case Processing Times tool (published June 23, 2026); Immigration and Nationality Act, Sections 202 and 203(b)(5); EB-5 Reform and Integrity Act of 2022. Last verified November 7, 2026.