EB-5 TEA Categories: Rural vs. HUA vs. Infrastructure
The EB-5 Reform and Integrity Act of 2022 created three set-aside visa categories within the EB-5 program, each reserving a percentage of annual EB-5 visas for specific types of projects. These categories exist alongside the unreserved EB-5 pool and offer distinct advantages — most notably, no current visa backlog for any nationality.
Visa Allocation by Set-Aside Category
| Category | Visa Share | Annual Visas (approx.) | Current Backlog |
|---|---|---|---|
| Rural | 20% | ~2,000 | None (Current) |
| High-Unemployment Area (HUA) | 10% | ~1,000 | None (Current) |
| Infrastructure | 2% | ~200 | None (Current) |
The remaining 68% of EB-5 visas flow into the unreserved pool, which has backlogs for China and India. Unused set-aside visas flow into other set-aside categories before falling to unreserved — they do not flow to the unreserved pool within the same fiscal year.
Rural Projects
Rural TEA designation requires that the project be located outside a metropolitan statistical area (MSA) and outside any city or town with a population of 20,000 or more. The geographic test is based on census data.
Rural projects receive the largest visa set-aside (20%) and have attracted significant investor interest since the RIA. The combination of no visa backlog, the largest visa allocation, and favorable processing attention from USCIS has made rural projects the most popular set-aside category.
USCIS has indicated that rural EB-5 petitions receive priority processing attention. While this is not a formal premium processing service, adjudication data suggests rural petitions are reviewed more quickly than unreserved petitions in some periods.
High-Unemployment Area (HUA) Projects
HUA designation requires that the project be located in an area with unemployment at 150% of the national average. The geographic area may be defined using census tracts, and USCIS allows “gerrymandering” of contiguous census tracts to meet the threshold — a practice that has been controversial but remains permitted under current regulations.
HUA projects have historically been the most common TEA category (before the RIA, most EB-5 projects used HUA designation to qualify for the lower $500,000 investment). Under the RIA, HUA receives 10% of visa set-asides.
The HUA designation methodology changed under the RIA. The specific rules for defining the geographic area and calculating unemployment are now subject to more detailed regulatory guidance.
Infrastructure Projects
Infrastructure TEA designation applies to projects owned, administered, or funded by a government entity. This is the smallest set-aside category at 2% of visas (approximately 200 per year).
Infrastructure projects are relatively rare in the EB-5 context because they require government involvement. Examples include publicly funded transportation, utilities, or public works projects that accept EB-5 capital as part of their financing.
The small visa allocation (2%) means the infrastructure category is unlikely to develop backlogs even if demand increases, but it also means fewer projects are available.
Strategic Considerations
For Investors from Backlogged Countries
Chinese and Indian investors benefit most from set-aside categories because the unreserved category has multi-year backlogs for these nationalities. Filing under Rural or HUA eliminates the backlog wait entirely.
For Investors from Non-Backlogged Countries
Investors from countries without unreserved backlogs (Vietnam, South Korea, Taiwan, most of the world) can file in any category without backlog concerns. For these investors, the choice between set-aside and unreserved should be based on project quality and investment merits rather than visa availability.
Project Availability
Rural projects are more geographically constrained (outside major metros). HUA projects have broader geographic availability but must meet unemployment thresholds. Infrastructure projects require government entity involvement and are the least common.
Frequently Asked Questions
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