What Immigration Lawyers Need to Know About EB-5 Set-Asides Before Advising Clients
- Nathan Patel
- Jul 9
- 3 min read
Updated: Jul 14
At EB5-USA, we’ve long believed the EB-5 program is more than a path to residency — it’s a strategic economic development tool that continues to evolve. Recent reforms have introduced set-aside visa categories, reshaping how lawyers advise clients on EB-5 investments and timelines. For immigration attorneys and advisors, understanding these set-asides is now essential to giving clients an edge.
Why Set-Asides Matter
Under the EB-5 Reform and Integrity Act of 2022, Congress reserved 32% of annual EB-5 visas for investments in three priority categories:
Rural Areas (20%) : Projects located outside metropolitan areas or towns with populations under 20,000. Benefits include reduced investment minimums ($800,000) and priority processing, a significant incentive for clients seeking the fastest possible adjudication.
High-Unemployment Areas (HUA) (10%) : Areas with unemployment rates at least 150% of the national average. Like rural, these projects qualify for the $800,000 minimum and priority processing.
Infrastructure Projects (2%) : Public works investments administered by government or regional center entities. While no official priority processing exists yet, these remain underutilized — with zero filings recorded through early 2025.
Unused visas in each category carry forward for one fiscal year before rolling into the unreserved pool the following year, adding complexity to long-term planning.
The Impact of Set-Asides on Visa Backlogs and Processing Times
Understanding set-asides is crucial not only because they offer priority processing, but because of their potential to reshape visa backlogs. For countries with long EB-5 queues like India and China, these reserved categories can effectively bypass years – even decades – of waiting. For example, rural set-asides remain “current” on the Visa Bulletin as of mid-2025, meaning applicants avoid retrogression that affects unreserved visas.
Moreover, set-asides ensure investors are not grouped with historical backlogs. Under the EB-5 Reform and Integrity Act (RIA), each category has its own separate queue. This structural advantage is vital to communicate to clients deciding between a standard EB-5 project versus one qualifying for set-aside priority.
Attorneys advising clients should also note that USCIS adjudication trends favor projects with higher job creation buffers, strong compliance histories, and transparent economic reporting – characteristics more common in rural or HUA developments backed by institutional sponsors. In an environment where processing delays remain a persistent issue, choosing a set-aside project can materially accelerate a client’s path to conditional residency and work authorization.
The Data Immigration Lawyers Need
Recent USCIS data (Jan 2025) shows:
4,329 rural petitions filed since the RIA’s enactment
5,191 HUA petitions during the same period
Zero infrastructure petitions to date
With annual allocations of approximately 2,000 (rural) and 1,000 (HUA), filings are now outpacing yearly availability by 2–5x, suggesting possible backlogs if the surge continues. Currently, however, all set-aside categories remain “current” on the Visa Bulletin.
Why This Matters for Clients
For H-1B holders stuck in EB-2 or EB-3 backlogs, or international families seeking speed, EB-5 TEA set-asides provide:
Lower investment thresholds ($800K vs $1.05M)
Priority processing with adjudications moving faster than standard unreserved EB-5 petitions
Visa availability outside traditional queues, giving clients a clear strategic advantage.
However, lawyers should note:
Area qualification is critical. TEA designation compliance is under heightened scrutiny post-RIA. Confirming state and USCIS listings is essential before advising investments.
Scarcity creates urgency. Once these visas are filled, applicants revert to the general EB-5 backlog, delaying timelines and undermining client expectations.
Strategic planning matters. Clients should file under the optimal category based on their nationality, priority date strategy, and the project’s job creation buffer.
How EB5-USA Supports Legal Advisors
At EB5-USA, we specialize in sourcing projects that align naturally with set-aside categories, prioritizing:
Strong job creation models
Transparent economic impact studies
Long-term sustainability in rural and HUA markets
Our team closely tracks policy shifts and USCIS adjudication trends to help lawyers provide best-in-class guidance to their clients. With visa availability tightening and investor interest rising, understanding set-asides isn’t just useful — it’s now essential for protecting client outcomes.
If you would like the full dataset or legal resources on set-aside filings, or wish to discuss potential projects for your clients, please contact us at:
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Because your client’s Green Card strategy shouldn’t take a lifetime.
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