Introduced in 2022, the EB-5 Reform and Integrity Act (RIA) introduced several critical updates to the EB-5 Immigrant Investor Program. Among some of these updates was the creation of specific visa set-aside categories designed to improve processing fairness and target investment into priority regions. For investors, attorneys, and regional centers alike, understanding these EB-5 categories is essential. This article offers a practical breakdown of the post-RIA landscape—how it works and what it means for EB-5 visa applicants as well as EB-5 investment projects—within the broader RIA EB-5 framework.
What are the set-aside categories under RIA?
Under the Reform and Integrity Act, Congress created three visa set-aside categories from the existing EB-5 annual visa allotment. Reserved exclusively for EB-5 green card applicants who invest in projects that meet certain criteria, each of these three categories is unique. The intention is two-fold: (1) to promote economic development within high-need or underfunded areas, and (2) to allow qualified investors a faster and more secure route through the immigration process.
The three main RIA Categories are:
- Rural Areas – 20% of EB-5 visas are reserved for projects located in rural areas.
- High Unemployment Areas (TEAs or HUAs) – 10% are reserved for targeted employment areas with low employment rates.
- Infrastructure Projects – 2% are reserved for qualifying public infrastructure projects.
These categories were introduced in addition to the existing standard EB-5 visa pool, and are specifically designed to improve access for new investors.
Category 1: Rural EB-5 Projects
Offering some of the strongest advantages post-RIA, rural EB-5 investment projects are defined as being located outside of a metropolitan statistical area (MSA) and outside of a city or town with a population of 20,000 or larger. Noteworthy advantages for rural investors include:
- Priority processing for I-526E petitions, which can result in shorter EB-5 processing times.
- Visa set-aside protection, which may help avoid retrogression for countries with high demand like China or India.
- Strong alignment with the RIA’s goals, which could enhance approval likelihood
Rural project investors pursuing an EB-5 green card must still meet all standard EB-5 requirements; the job-creation and capital-at-risk rules still apply as normal.
Category 2: TEAs (Targeted Employment Areas)
TEAs refer to locations with unemployment rates that are at least 150% of the national average; these urban projects must be supported by state or federal certification to qualify.
Features of TEA projects include:
- Reduced minimum investment threshold of $800,000 ($1,050,000 is the standard)
- Visa set-aside eligibility
- If the project is affiliated with an EB-5 regional center, indirect job creation may be counted toward job-creation requirements
As you might expect, TEA projects are popular in large cities where real estate projects often meet the low-employment measures. Generally speaking, TEA petitions do not always receive the same priority as rural investments; however, they remain a viable and accessible set-aside option.
Category 3: Infrastructure Projects
Infrastructure projects, while occupying a much smaller portion of the set-aside (2%), offer unique appeal for investors aligned with public-private partnerships. These must be administered by a government entity (local, state, or federal) or conducted under a contract with one.
Features include:
- Potentially enhanced investment security due to projects being large-scale and government-backed
- More rigorous qualification due to documentation and oversight requirements
- ongoing EB-5 requirements for lawful source of funds and job creation still apply
For more conservative investors who are seeking long-term public utility or infrastructure growth, these types of EB-5 investment projects may make the most sense.
Reserved Categories and Processing Impacts
Addressing delays in EB-5 processing times was one of the main goals of the RIA, particularly for investors from historically backlogged countries like China and India. Applicants investing in rural, TEA, or infrastructure projects—the set-aside EB-5 categories —often receive processing priority over unreserved applicants.
The law’s changes have had real benefits, such as shortened waits for visa issuance, higher chances of securing a current visa in the annual allocation, and better predictability for families concerned with age-out issues (under the CSPA). These advantages make it important for investors to evaluate which lane within the EB-5 RIA landscape best fits their profile.
Concurrent Filing Within Set-Aside Lanes
Another significant benefit introduced by the RIA is the option for concurrent filing; investors already in the U.S. under another visa status (like F-1, H-1B, or L-1) may file two petitions at the same time—the I-526E and the I-485 (Adjustment of Status). Concurrent filing means faster access to work and travel (through EAD and Advance Parole) as well as the ability to remain in the U.S. while the petition is processed. This pathway is available across the set-aside EB-5 categories, with particularly strong advantages for rural and, in some cycles, TEA applicants.
How Regional Centers Navigate the Set-Asides
An EB-5 regional center plays a critical role in project compliance and investor guidance. Since regional centers must file Form I-956F before investors can file I-526E, the choice of regional center matters greatly.
Key tasks regional centers handle:
- Ensuring their EB-5 investment projects clearly fit one of the set-aside lanes created by RIA EB-5 Categories in 2022.
- Preparing strong economic job-impact reports.
- Providing investors with I-956F receipt notices required for I-526E submission.
- Communicating project risks, TEA certifications, and timelines to attorneys and investors.
Reputable EB-5 regional centers are adapting their strategies to align with RIA incentives, including selecting rural or TEA locations, securing infrastructure contracts, and updating marketing to reflect EB-5 requirements and visa availability.
Final Thoughts: Making Strategic Choices in the RIA Era
For EB-5 investors, understanding the nuances of these lanes is more important than ever. Choosing a qualifying project not only increases the likelihood of faster processing but also offers strategic immigration and investment advantages. When comparing EB-5 categories, focus on the real drivers: documentation quality, job-creation buffers, project readiness, and the operational maturity of the sponsoring platform.
Here’s what prospective applicants should consider:
- Evaluate all EB-5 requirements before selecting a project.
- Seek professional legal and financial advice to ensure category eligibility.
- Choose EB-5 investment projects that align with long-term immigration goals and capital preservation.
With the RIA firmly in place, the EB-5 visa process offers more targeted pathways—but success still depends on smart, informed decision-making. Investors who leverage set-aside lanes—while working with experienced EB-5 regional center professionals—will be best positioned to secure an EB-5 green card in today’s competitive landscape.
FREQUENTLY ASKED QUESTIONS
How do I decide between Rural, TEA, and Infrastructure for my EB-5 investment?
Start by mapping your immigration goals (speed, predictability, country of chargeability) to each lane’s practical advantages. Rural offers the largest set-aside (20%) and often priority treatment on I-526E, which can translate into comparatively quicker movement. TEA (10%) preserves the lower $800,000 threshold while keeping you in an urban footprint if that’s important to you, though it may not enjoy the same adjudication priority as Rural. Infrastructure (2%) can appeal to risk-aware investors who value public-partner oversight, but the category is the smallest and documentation is exacting. Whichever you choose, verify the project’s category eligibility up front (TEA letters, rural mapping, or government contract) and weigh EB-5 processing times, job-creation strength, and sponsor track record alongside category perks.
Does a set-aside guarantee faster EB-5 processing times or a current visa number?
No—set-asides are powerful but not a guarantee. They create separate visa pools that can be less congested than the unreserved category, which often improves odds of visa availability and can correspond with faster movement for some investors. However, actual EB-5 processing times depend on multiple variables: USCIS workloads, completeness of filings, project evidence quality (I-956F/I-526E), consular capacity, and demand within your specific lane and country. Think of a set-aside as giving you preferential access, not a fast-track promise. The best way to capitalize on the advantage is to pair the lane with a documentation-strong project and a clean, audit-ready petition.
What proof should I see to confirm a project truly qualifies as Rural, TEA, or Infrastructure?
Ask for the exact category evidence you’d need to defend at I-829: for Rural, a map or census/OMB references showing the site sits outside any MSA and beyond towns ≥20,000 population; for TEA, a current and compliant certification demonstrating unemployment ≥150% of the national average (plus methodology and boundaries that precisely cover the project footprint); for Infrastructure, the government administration or contract documents establishing the public-partner relationship. Tie these to the filed or receipted I-956F so your I-526E references a project with locked-in, traceable eligibility. If something changes (e.g., site plan or census tract), insist on updated proofs and counsel’s memo explaining continued compliance.
If I’m already in the U.S., how does concurrent filing interact with the RIA categories?
Concurrent filing (I-526E + I-485) is available regardless of category if you’re otherwise eligible to adjust status, and it can materially improve your experience while waiting—EAD/AP let you work and travel sooner. Categories matter here because a Rural or TEA set-aside may provide better visa availability, which can reduce the risk of your adjustment being stalled by retrogression. Practically, you want three things aligned: (1) a qualifying set-aside project tied to a receipted I-956F, (2) a clean personal status history that supports adjustment, and (3) a petition package that anticipates requests for evidence with robust job-creation and fund-flow documentation from day one.
What happens if my category fills up or demand spikes after I invest? Can I “switch lanes”?
Post-investment “lane switching” is rarely simple. Your eligibility is anchored to the project and facts presented with I-526E (and the I-956F it relies on). If a set-aside becomes backlogged, you typically can’t just re-label the same project—category status is evidence-driven (rural mapping, TEA certification, or government contract). Limited restructuring may be possible if the sponsor lawfully amends filings and your counsel confirms immigration compliance, but investors shouldn’t count on it. A more reliable risk control is pre-investment diligence: confirm the project’s category basis, check the sponsor’s history with set-asides, model timelines under different demand scenarios, and ensure the job-creation buffer is strong irrespective of category pacing.