The EB-5 Immigrant Investor Program is experiencing record demand in 2025, especially in Targeted Employment Area (TEA) categories. These TEA categories include rural areas, high-unemployment zones (HUAs), and infrastructure projects. The program creators designed it to offer a faster path to green cards by setting aside a portion of the annual EB-5 immigrant visa program. However, because of growing interest from foreign investors in India and China, these visa categories are now under pressure and may soon face backlogs.
How TEA Allocations Work in the EB-5 Program
The EB-5 Reform and Integrity Act of 2022 reshaped how visas are distributed. About 10,000 immigrant visas are made available each year under the EB-5 immigrant visa program. These visas go to both the primary investor and their immediate family members.
- 20% of all EB-5 visas are reserved for rural projects,
- 10% are reserved for high-unemployment areas (HUAs), and
- 2% are allocated for infrastructure-related investments.
These are known as Reserved EB-5 categories. Since family members also use up visa numbers, there is space for only about 3,000 to 3,200 main investors each year. Of those, around 850 to 900 investors can qualify under the rural set-aside, and just 430 to 450 can secure visas under the HUA allocation. This limited supply now faces tremendous strain as more foreign investors shift toward TEA options.
Application Volume Is Far Outpacing Supply
As of January 2025, more than 4,300 investors submitted EB-5 petitions tied to HUA projects—almost 10 times the number of annual slots available in that category. Similarly, rural-area projects attracted over 3,400 applicants, which is more than four times the visa capacity for that group.
This imbalance between demand and visa availability creates a real risk of retrogression. Retrogression occurs when visa requests exceed available supply and applicants must wait for a visa to become available based on their filing date. If the current trend continues, the high-unemployment category could face retrogression by late 2025. The rural category could see wait times starting in mid-2026.
Why Indian and Chinese Investors Are Rushing into TEA Projects
Investors from China and India are driving much of the shift into TEA areas. India’s EB-5 unreserved visa category currently has a final action date set at May 1, 2019. This means an Indian investor applying today must wait over five years before receiving a green card under the EB-5 unreserved visa category. For Chinese investors, the delays are even longer, sometimes exceeding a decade.
To avoid these long delays, many applicants are choosing Reserved EB-5 categories where visas are still marked as “current.” That means they can get their applications processed as soon as USCIS approval is granted. However, this advantage may soon disappear if TEA demand keeps increasing.
Problems When Projects Don’t Qualify
The rush to file has caused some developers to incorrectly label their projects as TEA-eligible. For example, some try to stretch definitions by calling suburban areas rural or by using job data that doesn’t reflect actual unemployment levels.
The U.S. Citizenship and Immigration Services (USCIS) has strict guidelines:
- Rural areas must be outside of major cities and have fewer than 20,000 residents.
- High-unemployment zones must show unemployment rates that are at least 150% of the national average, based on reliable and recent data.
If a project does not meet these standards, the investor’s application could be denied. Worse still, USCIS might revoke an approval years later, leaving the investor with nothing to show for their efforts.
Action Steps for EB-5 Investors in 2025
With rising demand and increasing risk, EB-5 investors need to be cautious and act quickly. Here are practical steps to follow:
- Confirm the TEA status of a project using an official state letter or an independent economic report.
- Submit I-526E petitions and I-485 forms at the same time if applying from within the United States. This concurrent filing can allow for temporary work and travel benefits.
- Choose rural projects over HUAs when possible. Fewer investors apply to rural projects, which could delay retrogression.
- Make sure the project creates full-time jobs. USCIS requires that each EB-5 investment leads to at least 10 full-time jobs for U.S. workers.
- Collect all required documents early, including financial records and identification paperwork. Delays in gathering documents can result in missed filing opportunities.
For investors currently living in India or China, we still recommend considering rural TEA projects while visa availability lasts. However, if you are already living in the United States and eligible to adjust your status, it may be more strategic to pursue an Urban TEA project and file a concurrent I-526E and I-485 petition. This strategy allows you to secure work and travel authorization while your case is pending. It’s also important to note that while a visa category may appear “current” in the Visa Bulletin, the real-time backlog may not be reflected accurately. For this reason, those adjusting status from within the U.S. may benefit from choosing urban projects with a clear track record and active compliance.
Key Considerations for Developers and Regional Centers
While this surge in demand creates new opportunities, it also increases the need for accurate and legal project planning. Developers and regional centers should:
- Use reliable economic models that clearly demonstrate how the project qualifies for TEA status.
- Get proper TEA certifications from government authorities rather than relying on informal sources.
- Stay up to date with EB-5 rules to protect their project’s credibility and avoid legal issues.
Any developer who stretches the truth or fails to follow the rules could face lawsuits, investor complaints, or even removal from the EB-5 program.
Monitor the Visa Bulletin and Processing Times
Each month, the U.S. Department of State releases the Visa Bulletin. This bulletin shows which visa categories are current and which have backlogs. Investors can use it to track their priority date and see when they can move forward with green card processing.
Applicants should also monitor processing times published by USCIS. These estimates give a general idea of how long I-526E petitions or adjustment of status applications may take. Staying informed on both fronts helps investors and attorneys avoid delays.
For those applying from abroad, understanding when to schedule a meeting with a consular officer at a U.S. embassy is essential. For those in the United States, it helps to know when to proceed with a green card application using Form I-485.
Tracking the Visa Bulletin and processing times regularly helps investors time their applications well and achieve lawful permanent resident status efficiently.
The Bigger Picture: Long-Term EB-5 Planning
It’s important to understand that the EB-5 visa program is not just about short-term strategy. Choosing a project with long-term stability and proper job creation potential matters just as much as timing.
For example, investing in commercial enterprises that have a strong business model and proven leadership can improve the likelihood of success. EB-5 investors should also consider working with experienced immigration attorneys who understand both the legal and financial sides of the program.
In addition, investors must submit all required documents and ensure their source of funds is fully traceable. Failure to do so could result in delays or denials, regardless of project quality.
Final Thoughts: The Window is Closing
TEA visa categories have long offered a faster path to becoming a lawful permanent resident through the EB-5 program. But with thousands of new investors now targeting these limited visa numbers, that advantage is disappearing.
The key to success in 2025 will be acting early, checking all TEA qualifications, choosing the right project, and staying compliant with all USCIS guidelines. Investors who wait may find themselves stuck in a growing backlog, while those who act now can still move forward quickly.
The demand is high, and time is limited. Don’t miss the chance to take advantage of the EB-5 program’s Reserved EB-5 categories before they follow the same delayed path as the EB-5 unreserved visa category.
