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What are “Unreserved” EB-5 Visas?

Along with the creation of the Reserved Visa Categories the EB-5 Reform and Integrity Act of 2022 (RIA) also created the Unreserved Visa Category. It consists of 68% of the annual allotment of EB-5 visas to be issued. This category includes all non-TEA EB-5 investors whose minimum required investment is $1.05M USD. It also includes all legacy EB-5 investors that invested before the RIA. Their I-526 Petitions may not get processed as fast as those for rural, priority processing projects whose target average processing time is 4 months.

Further, if you were born in China, and invest in “unreserved visa” project, you may face great delay in getting your EB-5 visa. As of  September 2023, there are nearly 20,000 EB-5 investors from China, not counting their spouse and children, who already have their I-526 Petitions approved and are waiting for visa availability, which is subject to a 7% country cap. There are also, nearly 2,400 EB-5 Investors from India in a similar situation.