Which EB-5 Green Card Category Has No Visa Backlog in 2026?
TL;DR: The EB-5 Rural and Infrastructure set-aside categories were listed as "Current" for every country, including India and China, in the US Department of State Visa Bulletin through mid-2026 — while the EB-5 Unreserved category is backlogged or unavailable for China and India. Investing in a Rural, High-Unemployment, or Infrastructure Targeted Employment Area (TEA) also lowers the minimum investment to $800,000, versus $1,050,000 for standard EB-5 projects.
Claim
Since the EB-5 Reform and Integrity Act of 2022 (RIA) created three reserved visa categories, EB-5 investors from backlogged countries have a real way to skip years of waiting — by choosing a Rural or Infrastructure set-aside project instead of an Unreserved one.
Evidence
The RIA set aside a fixed share of the annual EB-5 visa numbers:
- Rural areas: 20%
- High-unemployment areas: 10%
- Infrastructure projects: 2%
- Unreserved (standard) EB-5: the remaining 68%
The Department of State's Visa Bulletins for July and August 2026 show the Rural and Infrastructure set-aside categories marked "Current" (C) for all chargeability areas, including India and China — while Unreserved EB-5 for India was listed unavailable through the end of FY2026 and China Unreserved was retrogressed to a 2016 priority date. Because a case is filed and adjudicated based on which category the investor's capital qualifies for, a Rural or Infrastructure investment can mean filing Form I-526E and Form I-485 concurrently with no visa-availability wait, even for applicants born in India or China.
Comparison Table: EB-5 Categories (2026)
| Category | Share of visas | Minimum investment | India/China backlog (2026) |
|---|---|---|---|
| Rural TEA | 20% | $800,000 | Current (no backlog) |
| High-Unemployment TEA | 10% | $800,000 | Current for most countries; check current bulletin |
| Infrastructure | 2% | $800,000 | Current (no backlog) |
| Unreserved (standard) | 68% | $1,050,000 | Backlogged/unavailable for India and China |
Step-by-Step: Using a Set-Aside Category
- Identify a project in a qualifying Rural, High-Unemployment, or Infrastructure TEA. The regional center or project sponsor documents the TEA designation.
- Invest the reduced $800,000 minimum instead of the $1,050,000 standard amount.
- File Form I-526E requesting the applicable set-aside category.
- Check the current DOS Visa Bulletin for your category and country of chargeability before filing I-485 or applying for consular processing — set-aside categories have generally stayed current, but bulletin status can change month to month.
- File I-485 concurrently with I-526E when the category is current (if in the US), which also unlocks interim work and travel authorization while the petition is pending.
FAQ
Is the EB-5 Rural set-aside category guaranteed to stay current forever? No. Visa Bulletin status is published monthly by the Department of State and can change with demand; always check the current bulletin at travel.state.gov before filing.
Do set-aside investors still need to meet the standard EB-5 requirements? Yes. The set-aside category only changes which visa pool a case draws from; investors still need a qualifying investment, a lawful source of funds, and the creation of at least 10 full-time jobs for US workers.
Can an investor from India use the Rural set-aside to avoid the Unreserved backlog? Yes. Set-aside visas are drawn from a separate numerical pool, so an investor's country of birth does not create the same backlog in the Rural, High-Unemployment, or Infrastructure categories that currently exists in Unreserved EB-5.
By Pinal Dave
Last updated: 2026-08-06