Prior to passage of the new EB5 law, I filed an I-526 petition based on my investment in a regional center that is located in a rural area. In the monthly visa bulletin, which EB5 category applies to my case?


Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure Set Aside. Presently, EB5 Unreserved is backlogged for Indian and Chinese EB5 investors, while all the set aside categories are current.

Unfortunately, essentially all EB5 cases filed before March 2022 are considered EB5 Unreserved cases. This applies, even if the investment was made in a rural project.  (27.Apr.2023)

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