EB5 Unreserved Category Reaches Limit for Current Fiscal Year

The U.S. Department of State announced on September 16, 2025, that all available immigrant visas in the employment-based, fifth preference (EB5) unreserved category have been issued for fiscal year (FY) 2025. Accordingly, consular posts temporarily cannot issue immigrant visas in this category and the U.S. Citizenship and Immigration Services (USCIS) may not approve corresponding I-485 adjustment of status applications. The processing of these cases will resume on October 1, 2025, which is the first day of the new fiscal year.

Positive Long-Term Implications

While reaching the annual limit initially may appear concerning, this development carries positive implications for EB5 investors. It means none of the visa numbers available for the current fiscal year were wasted. Over the long term, the efficient use of these visa numbers should help the cutoff dates, which are retrogressed for India and China, to march forward more quickly.

EB5 Reserved Categories Remain Current

It is important to note that the unavailability of these visa numbers only applies to the EB5 unreserved category, which is primarily made up of EB5 investors who filed prior to passage of the EB5 Reform and Integrity Act of 2022 (RIA). The RIA created several additional EB5 set-aside subcategories in the visa bulletin, including EB5 rural, EB5 high unemployment, and EB5 infrastructure. These subcategories remain current for all countries of chargeability, including India and China.

Conclusion

The EB5 category remains a popular means of obtaining a green card relatively quickly, especially for Chinese and Indian investors. Foreign nationals interested in making an EB5 investment are encouraged to reach out to a Murthy Law Firm attorney at EB5@murthy.com to discuss the matter.

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