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EB5 Status

Per-Country Limit

Also known as: 7% per-country cap, country cap, per-country ceiling

Technical · EB-5 Glossary

Definition

A statutory provision limiting any single country to approximately 7 percent of the total worldwide employment-based visa allocation in a given fiscal year. The total employment-based allocation is approximately 140,000 visas, making the per-country ceiling approximately 9,800 visas across all five employment-based categories combined.

Context

The per-country limit is the primary structural cause of EB-5 backlogs for Chinese and Indian nationals. Unused visa numbers from undersubscribed countries can be redistributed, so the effective limit may exceed 7% in some years.

Official Data|INA § 202(a)(2)

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