Should You Choose a Reserved or Unreserved EB-5 Visa?

Written by: Kaden Call

If you are planning to apply for an EB-5 visa, the category you choose could affect both how much you invest and how long you wait for a green card. Choosing the right EB-5 category can mean the difference between waiting months or waiting years.¹

What Is an EB-5 Visa?

An EB-5 visa allows immigrants to obtain permanent residency by investing a significant amount of money in a U.S. business and creating full-time jobs for American workers. Your spouse and unmarried children under 21 may also qualify for permanent residence through your EB-5 petition.²

There are approximately 10,000 EB-5 visas available each year, and for some investors, EB-5 can provide a pathway to permanent residency that may be faster than other immigration options.³

What Is the Difference Between Reserved and Unreserved EB-5 Categories?

EB-5 visas are divided into reserved and unreserved categories.

Unreserved EB-5 visas make up 68% of available EB-5 visas.⁴ These visas are available to investors in any qualifying EB-5 project, no matter where the project is located, as long as the investment meets the legal requirements and creates at least 10 full-time jobs for qualifying U.S. workers.⁵

However, there is strong demand for unreserved EB-5 visas. Because there are limits on how many visas may be issued to applicants from each country, investors from high-demand countries such as India and China may face long backlogs.⁶ In some cases, this can result in years-long waits before receiving permanent residence.

Reserved EB-5 visas are different. Each year, a portion of EB-5 visas is set aside for investors who invest in targeted areas or projects that Congress has identified as needing economic development.⁷ These reserved categories include rural areas, high-unemployment areas, and qualifying infrastructure projects.⁸

Reserved visas make up 32% of total EB-5 visas. Specifically, 20% are reserved for rural areas, 10% are reserved for high-unemployment areas, and 2% are reserved for infrastructure projects.⁹

If you invest in a project that qualifies under one of these reserved categories, you may be able to apply in a smaller applicant pool with potentially faster visa availability.

Why Does the Difference Matter?

The biggest reason the difference matters is speed.

Unreserved EB-5 visas can face significant backlogs because many more investors apply in that category. The unreserved category also offers a wider variety of investment opportunities, which can increase demand.¹⁰

By choosing a reserved EB-5 category, you may enter a smaller applicant pool. Reserved categories are generally more current, meaning applications may be processed as they are submitted and eligible applicants may not have to face the same waiting list as those in oversubscribed unreserved categories.¹¹

Among the reserved categories, rural investment may offer the fastest path because rural projects receive the largest reserved visa allocation and rural petitions receive priority processing from USCIS.¹²

The difference also matters because of investment amount. For an unreserved EB-5 visa, the minimum investment is $1,050,000. For a reserved EB-5 visa, the minimum investment is $800,000.¹³ That means a reserved EB-5 visa may save qualifying investors both time and money.

What Are the Requirements for Applying for an EB-5 Visa?

To qualify for an EB-5 visa, an investor must invest in a new commercial enterprise that creates at least 10 full-time positions for qualifying employees.¹⁴

The minimum investment amount depends on the category:

Reserved EB-5 category: At least $800,000;
Unreserved EB-5 category: At least $1,050,000.¹⁵

A new commercial enterprise is generally a for-profit business formed to conduct lawful business activities in the United States. This cannot include noncommercial activity, such as investing in a home for personal use.¹⁶

If have a pending U or T visa petition and you have a final removal order, you may want to consider asking your attorney about applying for a stay of removal. This court order requires ICE to determine eligibility before deciding requests for stays of removal. Those determinations can grant an immediate stay of removal. Individuals with final removal orders should consult counsel about seeking a stay of removal because the court’s order requires additional review before removal in certain cases.

If you are someone who this order applies to and have a deferred action from USCIS but are detained, you should contact your attorney to notify ICE and the U.S. Attorney to be released due to the court order. If ICE decides that you are to be detained even though you have one of the protected statuses they must request that the review of your pending U visa or T visa petition be expedited by USCIS.(2021 Directive at 5.4(a)). If the government is not responsive to your attorney’s requests or if it does not follow the courts orders while they are in effect, your attorney can contact the attorneys who obtained this court order. (ICWC_ClassCounsel@centerforhumanrights.org)

Who Counts as One of the 10 Full-Time Qualified Employees?

Qualifying employees include U.S. citizens, lawful permanent residents, and certain other immigrants who are authorized to work in the United States.¹⁷

However, the EB-5 investor, the investor’s spouse, and the investor’s children do not count as qualifying employees for purposes of meeting the job creation requirement.¹⁸ Additionally, individuals in nonimmigrant status, such as H-1B workers, or individuals who are not authorized to work in the United States, are not counted as qualifying employees.¹⁹

A full-time position generally means a position requiring at least 35 working hours per week.²⁰ If two individuals share one job position through a job-sharing arrangement, the position may still count as full-time if the arrangement meets the full-time requirement. However, an employer cannot combine separate part-time positions to create one full-time position.²¹

Temporary, seasonal, or intermittent positions expected to last less than two years do not count as full-time positions.²²

Reserved vs. Unreserved EB-5 Visa Comparison

Feature	Reserved EB-5 Visa	Unreserved EB-5 Visa
Minimum Investment	$800,000	$1,050,000
Eligible Projects	Rural areas, high-unemployment areas, and qualifying infrastructure projects	Any qualifying EB-5 project that does not fall into a reserved category
Share of Annual EB-5 Visas	32% total: 20% rural, 10% high-unemployment, 2% infrastructure	68%
Visa Availability	Currently has little or no backlog for most applicants, subject to the monthly Visa Bulletin	May have significant backlogs, especially for applicants born in high-demand countries such as India and China
Processing Advantage	Rural petitions receive priority processing from USCIS	No priority processing
Primary Benefit	Lower investment amount and, for many investors, a faster path to a green card	Greater flexibility in choosing an investment project

Conclusion

Choosing the wrong EB-5 category could mean investing more money than necessary or waiting years longer for your green card. Before committing to an investment, it is important to understand which category you qualify for and how current visa availability may affect your timeline.

If you are considering an EB-5 investment, Immigration Help USA can review your situation, explain your options, and help you determine which path best fits your goals.

References

USCIS, EB-5 Immigrant Investor Program requirements and visa category distinctions.
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EB-5 reserved and unreserved visa allocation summary.
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Visa availability and country-based backlog discussion.
EB-5 reserved visa category overview.
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EB-5 unreserved visa backlog discussion.
EB-5 reserved category visa availability discussion.
Rural EB-5 priority processing discussion.
EB-5 minimum investment amount comparison.
EB-5 job creation requirement summary.
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EB-5 new commercial enterprise requirement summary.
EB-5 qualifying employee definition summary.
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EB-5 full-time employment requirement summary.
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This article has been reviewed and approved for legal accuracy by Tamaryn Da Ponte, Esq. It is intended for informational purposes only and does not constitute legal advice.

If you are considering an EB-5 investment, Immigration Help USA can review your situation, explain your options, and help you determine which path best fits your goals.

Should You Choose a Reserved or Unreserved EB-5 Visa?