EB-5 Visa Allocations Under the Reform and Integrity Act

(UNITED STATES) The United States 🇺🇸 has paused issuance of unreserved EB-5 investor green cards for the rest of Fiscal Year 2025, after the cap reached on September 17, 2025. The freeze lasts until September 30, 2025, the final day of the fiscal year. Visa numbers in the unreserved EB-5 category will open again on October 1, 2025, when the new fiscal year begins and fresh numbers are released. Authorities have not halted all EB-5 processing, but new green card approvals under the unreserved track will not be issued during the pause.

The EB-5 Immigrant Investor Program lets foreign nationals secure permanent residence by investing in a U.S. business and creating jobs. Under current rules, a portion of EB-5 numbers are “unreserved” and available to qualified investors without special set‑asides, while other numbers are reserved for rural, high‑unemployment, and infrastructure projects. The pause applies only to the unreserved pool. Reserved set-asides may still have availability, depending on category and demand.

Policy pause — how it happened

Officials reached the unreserved EB-5 limit well before the end of the fiscal year because of a mix of strong demand and how numbers roll forward.

According to program rules, some unused reserved visas from prior years—for example, from FY 2023—were rolled into the unreserved pool, which helped speed up usage this year. The EB-5 Reform and Integrity Act of 2022 governs how these rollovers and allocations work across unreserved and reserved categories.

As more investors file and more consulates return to full capacity, the pipeline moves faster, which can trigger earlier cutoffs.

What the pause does and does not do

• No new EB-5 green card issuances in the unreserved category from now until September 30, 2025.
• EB-5 case processing may continue at agencies, but final issuance of unreserved visas is on hold until October 1, 2025.
• Reserved set-aside categories (rural, high‑unemployment, infrastructure) are separate. If numbers remain there, eligible investors may still receive visas under those set-asides.
• The program resumes October 1, 2025 for unreserved numbers, but high demand could again move the category quickly.

Immediate effects on applicants and families

Prospective investors and families feel the immediate impact, especially those who had interviews scheduled or were close to final approval.

Applicants from countries with large EB-5 demand—such as India and China—often face more pressure because of queue sizes and country‑specific cutoffs. For some, this pause will add weeks to their wait; for others at the front of the line, it may push green card issuance into the new fiscal year.

The investment thresholds remain unchanged:
– $1,050,000 — standard minimum investment
– $800,000 — for projects in Targeted Employment Areas (TEAs) (rural and high‑unemployment areas)

The investment must create or preserve at least 10 full‑time U.S. jobs for qualified workers. Investors may pursue a direct investment in a single enterprise or choose a USCIS‑designated regional center project. Either path must meet the job creation rule.

Impact on projects and market behavior

Regional centers and project developers are affected by year‑end pauses. When an unreserved investor visa issuance pause hits near year‑end:
– Some projects face delays in closing rounds or admitting investors who want immediate visa issuance.
– Sponsors may shift focus to reserved set‑aside markets—especially rural projects—if those numbers remain available.
– Investor interest may move toward set‑aside offerings until the unreserved pool reopens on October 1.

VisaVerge.com analysis notes that early exhaustion of unreserved EB-5 numbers is becoming more common as backlogs clear and agencies speed up post‑pandemic workflows. Rollovers can create year‑to‑year swings: when carryover boosts totals, it may draw more filings and accelerate usage, leading to an earlier cutoff the next year.

Investors who filed long ago but waited for consular slots will recognize similar year‑end pauses in other employment categories. The EB‑5 schedule is a reminder to plan around the fiscal calendar: when the cap reached status hits in September, it often lasts only until the next month, but can still disrupt carefully timed life moves.

What investors should do now

Applicants have several practical steps to stay ready while issuance is paused:

1. Monitor official updates
   • Check the State Department’s monthly visa bulletin and agency notices for the first sign of FY 2026 unreserved availability.
   • Watch priority dates posted for EB‑5.
2. Confirm your case posture
   • Verify whether your petition is tied to the unreserved track or a reserved set‑aside (rural, high‑unemployment, infrastructure).
   • If you qualify for a set‑aside and numbers remain, you may be able to proceed sooner.
3. Prepare documentation
   • Have source‑of‑funds proof, investment agreements, job creation plans, and business records ready so your case can move quickly once numbers open on October 1, 2025.
4. Coordinate with counsel
   • Work with your attorney on visa interview timing, adjustment filings, and travel plans. Even short pauses can affect entry timing and resident status activation.

Practical filing notes:
– New investors usually start by filing Form I-526 (Immigrant Petition by Standalone Investor). USCIS uses this petition to review the investment, lawful source of funds, and the business plan for job creation. See: Form I-526.
– After two years of conditional residence, investors file Form I-829 to remove conditions by showing the full investment was made and the required jobs were created or maintained. Official instructions: Form I-829.

Key readiness items for families:
– School enrollment and housing: Check if a short delay affects start dates or leases. You may need to shift arrival dates by a few weeks.
– Work planning: Inform U.S. employers about the pause and offer an updated timeline that assumes visa issuance in early October.
– Age‑out risks for dependents nearing 21: Ask your attorney to review Child Status Protection Act (CSPA) coverage and any steps to protect dependent status during the pause.

Why demand stays strong

• EB‑5 offers permanent residence without a labor certification, appealing to entrepreneurs and families seeking a stable route to U.S. life.
• The $800,000 TEA option keeps costs lower for many investors while meeting job requirements.
• Post‑2022 reforms increased compliance and investor protections, drawing more interest to set‑aside projects in rural and high‑unemployment areas.

For official background on eligibility, investment thresholds, and set‑aside categories, consult the USCIS EB‑5 Immigrant Investor Program.

Industry response

• Regional center managers say they will adjust marketing and investor onboarding to highlight reserved set‑asides where numbers are available.
• Attorneys report strong interest from families in India and China who watch the visa bulletin closely. Many are considering rural projects to access reserved numbers and possibly quicker issuance, while others prefer to wait for the unreserved reopening.

What to expect on October 1, 2025

• When the new fiscal year begins October 1, 2025, agencies release a fresh supply of unreserved EB‑5 numbers.
• If demand remains high, the category could move fast again. Expect brisk usage in early October as queued cases receive numbers.
• Applicants who are “documentarily qualified” at the National Visa Center or have ready‑to‑file adjustments in the U.S. may see movement soon after the reset.

Important reminders for first‑time filers:
– EB‑5 investments must be “at risk,” with no guaranteed returns, and must lead to 10 full‑time jobs for qualified U.S. workers.
– Only funds from lawful sources count. Maintain a clear paper trail—bank statements, tax returns, sale agreements, and gift records—to support your Form I-526.
– Direct investments may give more control but require active management. Regional center projects offer pooled investments and job counting through economic models, which can be easier for some families.

The headline: the EB‑5 unreserved investor visa cap reached for FY 2025, so unreserved green card issuance is paused until September 30, 2025. The break is short but meaningful for families planning moves, schools, and jobs.

The safest plan:
– Get your file ready.
– Watch official bulletins.
– Be prepared to act the moment October 1, 2025 arrives.
– If you qualify for reserved set‑asides (rural, high‑unemployment, infrastructure), evaluate those options now.

Investors have waited through longer stops in other years. This one is brief. With organized files and counsel engaged, many will step forward quickly once FY 2026 numbers are released. The bottom line for applicants and project sponsors alike: keep documents ready, confirm your category, and plan for a fast start in October.