EB-5 Set-Aside Visa Utilization Tracker
Data current as of · Source: USCIS Quarterly Statistics, Visa Bulletin
The EB-5 Reform and Integrity Act of 2022 reserves 32% of annual EB-5 visas across three categories: 20% for Rural projects (~2,000 visas), 10% for High Unemployment Area (HUA) projects (~1,000 visas), and 2% for Infrastructure projects (~200 visas). All reserved categories are currently "Current" (no backlog) for all countries. Total annual EB-5 visa allocation is approximately 10,000.
Key Takeaways
- 1All three reserved categories (Rural, HUA, Infrastructure) are currently "Current" for every country of chargeability.
- 2Rural projects receive 20% of EB-5 visas (~2,000/year) and have the fastest processing at 11 to 17 months.
- 3The unreserved category has backlogs for China (~9.5 years) and India (~4 years); all other countries are current.
- 4Infrastructure has seen minimal adoption since the RIA, with fewer than 50 estimated petitions in the category.
- 55,079 total I-526E petitions were filed in FY2025 Q1 to Q3, with rural projects capturing the largest share of new filings.
Rural
20% allocation · ~2,000 visas/year
Rural areas are outside a Metropolitan Statistical Area (MSA) or outside a city with a population of 20,000 or more. Rural projects enjoy the fastest processing times and strongest visa availability.
Processing Time
11 to 17 months
Est. Petitions Filed
~2,400
Est. Utilization
~120%
Visa Status
Current
Demand exceeds allocation. Excess visas fall back to other categories at end of fiscal year.
High Unemployment Area (HUA)
10% allocation · ~1,000 visas/year
High Unemployment Areas have unemployment rates at 150% or more of the national average. HUA projects represent the traditional TEA investment path.
Processing Time
24 to 36 months
Est. Petitions Filed
~1,200
Est. Utilization
~120%
Visa Status
Current
Estimated demand based on FY2025 filing trends. Actual utilization depends on petitions in each category.
Infrastructure
2% allocation · ~200 visas/year
Infrastructure projects are funded by a federal, state, or local government entity. The 2% allocation represents approximately 200 visas per year. This category has seen limited adoption since the RIA was enacted.
Processing Time
Limited data (estimated 18 to 30 months)
Est. Petitions Filed
<50
Est. Utilization
<25%
Visa Status
Current
Minimal usage to date. Very few projects have qualified under the infrastructure category.
Unreserved
68% allocation · ~6,800 visas/year
The unreserved (general) category receives the remaining ~68% of annual EB-5 visas after set-aside allocations. This category has per-country backlogs for China and India, while other countries are current.
Processing Time
36 to 52 months
Est. Petitions Filed
~1,500
Est. Utilization
~22%
Visa Status
Retrogressed (China, India)
The unreserved category absorbs legacy I-526 cases and non-TEA investments. Backlogs exist for China (mainland born) and India.
How Visa Set-Asides Work
The EB-5 Reform and Integrity Act of 2022 (RIA) created three reserved visa categories within the annual EB-5 allocation of approximately 10,000 visas. Each category has an independent allocation that is not shared with other categories.
Annual reset: Set-aside allocations reset each fiscal year on October 1. Unused visas from a reserved category fall back to the unreserved pool at the end of the fiscal year.
Fallback provisions: If a reserved category is undersubscribed, the unused visas become available in the unreserved category. If total EB-5 demand across all categories exceeds the annual cap, the unreserved category retrogresses first, while reserved categories may remain current.
Per-country limits: The standard 7% per-country limit applies within each category. However, because total demand within each reserved category is currently below the per-country cap, no per-country retrogression exists in any reserved category.
Historical Utilization by Fiscal Year
| Fiscal Year | Rural | HUA | Infra. | Unreserved |
|---|---|---|---|---|
| FY2025 (est.) | ~120% | ~120% | <25% | ~22% |
| FY2024 | ~90% | ~80% | <15% | ~30% |
| FY2023 | ~60% | ~50% | <10% | ~25% |
| FY2022 (partial) | N/A | N/A | N/A | N/A |
Utilization is estimated by EB5Status based on USCIS quarterly statistics. USCIS does not publish category-level breakdowns. FY2022 was a partial year (RIA enacted March 15, 2022).
What Happens When a Set-Aside Category Retrogresses
If demand in a reserved category exceeds its annual allocation, the Department of State would establish a final action date (cutoff date) for that category. This means investors with priority dates after the cutoff would need to wait for their date to become current before they can adjust status or receive an immigrant visa.
As of April 2026, no reserved category has retrogressed. However, rural category demand is approaching the annual allocation in FY2025, making it the first reserved category that could potentially retrogress. EB5Status monitors this data monthly and will update this tracker if conditions change.
Unreserved Category: Country Backlogs
The unreserved (general) category, receiving approximately 6,800 visas per year, has per-country backlogs for two countries:
China (mainland born)
Final action date: September 1, 2016
Backlog: approximately 9.5 years
India
Final action date: May 1, 2022
Backlog: approximately 4 years
All other countries are "Current" in the unreserved category. Investors from China or India can avoid these backlogs by investing in a project that qualifies under a reserved category (Rural, HUA, or Infrastructure).
Frequently Asked Questions
How this data was calculated
Allocation percentages are from the EB-5 Reform and Integrity Act of 2022, Section 102. Visa status (Current/retrogressed) is from the U.S. Department of State Visa Bulletin. Utilization estimates are derived by EB5Status from USCIS quarterly filing statistics and represent approximate demand relative to annual allocation. USCIS does not publish granular category-level filing data.
Cite this page
EB5 Status. "EB-5 Set-Aside Visa Utilization Tracker." eb5status.com. Accessed April 3, 2026. https://www.eb5status.com/en/data/set-aside-tracker