If you or a family member has invested in an EB-5 visa project in a reserved category — such as a rural area, a high-unemployment zone, or an infrastructure project — there is a critical deadline you need to know about: September 30, 2026. That is the end of the federal fiscal year, and it is the date by which unused immigrant visas in reserved categories expire. Once those visas are gone, they cannot be rolled over.
In a strong show of advocacy on behalf of investors, the American Immigration Lawyers Association (AILA) sent urgent letters to both U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) in May 2026, demanding that all pending EB-5 reserved category applications be adjudicated before that September 30 cutoff. This is a rare window of opportunity for EB-5 investors — and if you are caught in the processing backlog, now is the time to act and make sure your application is moving forward.
Here is everything you need to understand about the EB-5 reserved categories, what AILA is asking the government to do, and how this affects your path to a U.S. green card.
What Are EB-5 Reserved Categories?
The EB-5 Immigrant Investor Program was created to channel foreign investment into the U.S. economy and create American jobs. The EB-5 Reform and Integrity Act of 2022 made major changes to the program, including the creation of “reserved categories” — special visa set-asides that carve out a portion of the annual 10,000 EB-5 green cards for investments in three priority areas:
- Rural Targeted Employment Areas (TEA): 20% of EB-5 visas are set aside each year for investments in rural areas — typically defined as areas outside cities with more than 20,000 people.
- High Unemployment Areas (HUA): 10% of EB-5 visas are set aside for investments in areas where unemployment is at least 150% of the national average.
- Infrastructure Projects: 2% of EB-5 visas are set aside for investments in projects approved by a government entity as infrastructure improvements.
The key advantage of investing in a reserved category is enormous: these visas are “current” for every country, meaning investors from countries like India, China, Vietnam, and others that face decade-long backlogs in the unreserved EB-5 category can get a green card in a fraction of the time. As of the May 2026 Visa Bulletin, all reserved categories remain current with no wait list for any nationality.
Why Is September 30, 2026 So Important?
The U.S. government operates on a fiscal year that runs from October 1 to September 30. Each year, the EB-5 program has a fixed number of visas available in the reserved categories. Any reserved-category visas that are not used by September 30 of that fiscal year do not carry over to the next year — they simply expire and are lost.
This creates an urgent problem right now. There are currently many approved EB-5 petitions sitting in the reserved categories — meaning investors’ I-526E petitions (the initial investment petition) have already been approved, and their applications for immigrant visas or adjustment of status (Form I-485) are pending. If USCIS and DOS do not process and approve those applications before September 30, 2026, those investors could lose access to the very reserved-category visa numbers they were counting on.
In practical terms, this is the difference between getting your green card this year or being forced to wait — potentially years — in a growing backlog as more investors compete for next year’s reserved visa numbers.
What AILA Is Demanding from USCIS and DOS
Recognizing the urgency, AILA’s EB-5 Committee took action by sending letters to both USCIS and DOS in May 2026. These letters made clear that approved EB-5 beneficiaries in reserved categories should not lose their visa numbers due to government inaction.
Specifically, AILA asked USCIS to prioritize the adjudication of pending Form I-485 (Application to Register Permanent Residence or Adjust Status) cases for EB-5 reserved category applicants who are already living in the United States. Separately, AILA’s letter to DOS requested that the department prioritize immigrant visa interviews and approvals at U.S. embassies and consulates abroad for EB-5 investors and their family members in reserved categories — completing all pending cases by September 30, 2026.
AILA also requested additional process improvements from USCIS, including better case tracking, faster communication to applicants, and clearer guidance on how reserved-category visas will be allocated if demand exceeds the available supply before the fiscal year ends.
What EB-5 Investors Should Do Right Now
If you are an EB-5 investor with an approved I-526E petition in a rural, high-unemployment, or infrastructure reserved category, here is what you should do immediately:
- Check your case status: Log in to your USCIS online account or use the USCIS case status checker to confirm your I-485 or immigrant visa application is in process. Delays can sometimes occur without the applicant being notified.
- Ensure your documents are complete: Incomplete applications are a leading cause of processing delays. Work with your immigration attorney to verify that all supporting documents, medical exams (Form I-693), and translations have been properly submitted.
- Respond to any requests quickly: If USCIS or DOS has sent you a Request for Evidence (RFE), a Notice of Intent to Deny (NOID), or an interview notice, respond as promptly as possible. Delays in responding can push your case past the September 30 deadline.
- Contact your attorney about expedite requests: In cases involving financial loss, severe financial loss, or urgent humanitarian situations, USCIS allows applicants to request expedited processing. Your attorney can help you determine if you qualify and how to make that request.
- Notify your immigration attorney about upcoming travel: If you are outside the United States and your immigrant visa interview is scheduled abroad, confirm your appointment with the U.S. embassy and make sure your travel documents are in order.
Understanding the Minimum Investment Amounts
For those still in the early stages of exploring the EB-5 path, the minimum investment amounts as of 2026 are:
- $800,000 for investments in Targeted Employment Areas (rural or high unemployment) — this covers most reserved category projects
- $1,050,000 for investments in standard, non-targeted areas
Investments must be made in a new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. Most investors use Regional Centers — USCIS-approved pooled investment vehicles — to meet the job creation requirement indirectly through economic impact modeling. Regional centers handle much of the investment documentation, making the EB-5 process more accessible to investors who do not want to manage a direct business.
The Big Picture: A Rare Opportunity for Indian and Chinese Investors
One of the most important aspects of the EB-5 reserved categories is what they mean for investors from countries with historically long visa backlogs. Indian nationals waiting in the EB-2 employment-based category face wait times that stretch well beyond a decade. Chinese investors in the unreserved EB-5 category face a final action date of August 2016 — meaning only people who applied before that date are currently eligible for their green cards.
But the reserved categories change this entirely. Because reserved visas are distributed equally regardless of nationality, an Indian or Chinese investor in an EB-5 rural project can potentially receive a U.S. green card in as little as 24 to 36 months from their initial petition — far faster than any employment-based alternative. This is why the current moment is so significant: AILA’s advocacy is fighting to make sure that investors who made this strategic choice are not let down by processing delays inside the government.
Conclusion: Act Before the Clock Runs Out
The September 30, 2026 deadline is not flexible, and the stakes for approved EB-5 reserved category applicants are enormous. AILA’s urgent letters to USCIS and DOS are a clear signal that the immigration legal community is watching closely and holding the government accountable. As an investor or a family member of an investor, the best thing you can do is stay informed, keep your application updated, and work closely with a qualified immigration attorney.
For full details on AILA’s advocacy and the EB-5 program, visit the American Immigration Lawyers Association at aila.org. If you need legal guidance specific to your situation, consult a qualified immigration attorney who specializes in EB-5 investor visas.
Immigration Fleet Law Firm