Who This Is For: This information is for international investors and their families from countries around the globe (excluding China, Russia, and Vietnam) who are seeking a more predictable and faster path to a US Green Card by Investment. It is particularly relevant for those from countries with historical EB-5 backlogs, such as India, Brazil, and GCC countries, as these new rules can significantly shorten your wait time.
The Problem This Solves: The traditional EB-5 visa program has often been subject to long waits and country-specific backlogs, causing uncertainty and delays for many investors. The EB-5 Reform and Integrity Act of 2022 directly addresses this by creating dedicated visa categories that are not subject to the same backlogs, offering a clear and efficient route to US residency.Â
The New Advantage: EB-5 Set-Aside Categories
The EB-5 Reform and Integrity Act introduced a major change to the EB-5 visa program by reserving a portion of the total available visas each fiscal year for specific types of projects. This change, which created a new category of EB-5 set-aside visas, is designed to incentivize investment in areas of genuine economic need and, crucially, to provide a clear path forward for investors.
There are three distinct EB-5 set-aside categories, each with a reserved percentage of the total EB-5 visa pool:
- Rural Projects (20% set-aside visas): This is the largest and most sought-after category. A rural area is defined as a location outside of a metropolitan statistical area or any town with a population of 20,000 or more.
- High-Unemployment Areas (10% set-aside visas): These are areas with an unemployment rate of at least 150% of the national average.
- Infrastructure Projects (2% set-aside visas): These are public works projects administered by a governmental entity.
Projects within these categories also qualify for the reduced EB-5 minimum investment of $800,000.
Why EB-5 Set-Asides are a Game-Changer
For many investors, especially those from high-demand countries, the set-aside categories provide significant advantages, including:
- Avoid Backlogs: For the first time, investors can bypass the long waiting times that have historically plagued the EB-5 visa program. The set-aside categories are currently “current,” meaning there is no wait for a visa to become available. This can reduce your overall processing time by years.
- Priority Processing: USCIS gives priority to the review of rural EB-5 set-aside petitions. This faster processing time for the I-526E petition means you can get a conditional Green Card and move to the US sooner.
- Concurrent Filing: A major benefit for applicants already living in the United States (on a valid visa, such as an H-1B, L-1, or E-2) is the ability to submit the I-526E petition and the I-485 Adjustment of Status petition at the same time. This is known as concurrent filing. This allows you to secure an EAD Card (Employment Authorization Document) and an Advance Parole travel permit, providing immediate benefits while your case is being processed.
How to Choose a Set-Aside Project
Selecting a project that qualifies for one of the EB-5 set-aside visa categories is the first step toward a faster and more secure path to US residency. It is crucial to partner with an experienced EB-5 regional center and EB-5 fund manager that specializes in these projects and has a proven track record.
LCR Capital Partners is a leading EB-5 regional center and general partner with extensive experience in the EB-5 program. We are a fiduciary for our clients, which means we are dedicated to protecting your investment and ensuring your success. We have a strong focus on high-quality, pre-vetted rural EB-5 projects that offer the benefits of EB-5 rural priority processing. Our projects often have I-956F exemplar approval from USCIS, demonstrating a high level of compliance and investor protection.
We offer comprehensive guidance on your EB-5 due diligence checklist, from understanding EB-5 investment return to reviewing the job creation methodology & compliance and EB-5 risk mitigation / investor protections for each project. Our goal is to protect your family’s legacy by providing a clear and transparent path to US permanent residency.
For more information and to explore our current set-aside projects, please visit our Insights hub.
