EB 5 for International Investors

EB-5 investors from countries not separately designated (the "rest of world" or "all other chargeability areas" category) enjoy "Current" status across all visa categories as of March 2026. This encompasses all nationalities except China (mainland-born), India, Vietnam, South Korea, and Taiwan, which are tracked individually due to higher filing volumes.

The "Current" designation means no priority date backlog exists. Upon I-526E petition approval, visa numbers are immediately available regardless of when the petition was filed. This is a significant advantage over the unreserved category for Chinese and Indian nationals, who face multi-year waits for visa number availability.

The EB-5 Reform and Integrity Act of 2022 established reserved categories (rural (20%), HUA (10%), and infrastructure (2%)) with separate visa allocations. For rest-of-world investors, all reserved categories remain Current, providing multiple pathway options. Rural TEA projects are particularly attractive due to USCIS priority processing commitments that may result in faster I-526E adjudication.

Capital transfer and source of funds requirements vary significantly by country of origin. While USCIS documentation standards are uniform, investors from different jurisdictions face varying regulatory environments for outbound capital transfers. Proper coordination with both U.S. immigration counsel and local financial and legal advisors is essential to document the lawful path of funds.

Processing timelines for rest-of-world investors follow standard USCIS patterns: approximately 18 to 28 months for I-526E adjudication, with potential priority processing for rural TEA projects. For applicants in the U.S. with valid nonimmigrant status, concurrent filing of I-526E and I-485 enables work authorization and travel permission during the pendency period.

The September 30, 2026 grandfathering deadline affects all investors equally. Filing before this date preserves current investment minimums ($800,000 TEA / $1,050,000 non-TEA), while subsequent filings will be subject to CPI-U adjusted amounts beginning January 2027.