What Indian EB-5 Visa Applicants Can Expect from Reserved vs. Unreserved EB-5 Processing Times in 2025-2026?
*Vivek should review*
For many Indian investors seeking U.S. permanent residency, the EB-5 Immigrant Investor Visa remains a highly attractive pathway. It allows individuals to obtain a Green Card by investing in job-creating U.S. enterprises. However, the program’s recent surge in popularity – especially among Indian nationals – has led to increased interest in how the “reserved” and “unreserved” EB-5 visa categories are processed and what differences in waiting times applicants can expect in the coming years. For Indian investors looking to navigate the EB-5 process efficiently and stay updated on visa availability trends, visit https://www.eb5brics.com/india/eb-5-visa-processing-times for expert guidance.
As EB5 BRICS explains, understanding the nuances between these two categories can make a crucial difference in an investor’s timeline, strategy, and ultimate success in securing U.S. residency.
A Brief Overview of EB-5 Visa Categories
Each fiscal year, the U.S. government allocates approximately 10,000 EB-5 visas, including visas for the principal investor, spouse, and dependent children. The EB-5 Reform and Integrity Act of 2022 (RIA) brought significant changes to the program, introducing three “reserved” categories to ensure capital flows into specific priority areas of the U.S. economy. These reserved categories include:
- Rural projects (20% of total EB-5 visas)
- High-unemployment or Targeted Employment Area (TEA) projects (10%)
- Infrastructure projects (2%)
The remaining 68% of EB-5 visas are categorized as unreserved, which typically include projects located in metropolitan or non-TEA areas.
Each category has its own visa quota, and once those visas are allocated for the year, new applicants must wait until the next fiscal cycle for availability. This allocation system – combined with high demand from certain countries – directly affects how long investors must wait before obtaining conditional permanent residency.
For more information on visa set asides, check the following page: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification
The Rise of Indian Demand for EB-5 Visas
India has emerged as one of the fastest-growing EB-5 investor markets globally. After China, it has become the second-largest source of EB-5 investors, driven largely by professionals and business owners seeking U.S. education opportunities for their children, greater lifestyle flexibility, and permanent residency independent of employer sponsorship.
Many Indian nationals initially come to the U.S. on H-1B visas, but due to severe green card backlogs in employment-based categories like EB-2 and EB-3, the EB-5 program offers a faster, more direct alternative. However, as more Indian investors file EB-5 petitions, the country’s demand is beginning to outpace supply in the unreserved visa category, leading to retrogression – or backlog – for new applicants.
Reserved vs. Unreserved: Understanding the Processing Divide
The key difference between reserved and unreserved EB-5 categories lies in visa availability.
Unreserved EB-5 visas represent the traditional pool of visas that have historically been used by most investors. Because Indian nationals have filed heavily in this category over the past several years, the demand now exceeds the annual quota. As a result, applicants are placed in a queue based on their priority date – the date their I-526E petition was filed. This backlog, known as retrogression, means many Indian investors filing under the unreserved category may face multi-year waiting times before a visa number becomes available.
In contrast, reserved EB-5 visas – particularly the rural and high-unemployment TEA categories – remain largely current. These categories were established under the 2022 reform legislation and therefore have newer, separate visa pools that are not yet oversubscribed. USCIS and the Department of State currently prioritize processing reserved-category cases, leading to faster adjudications and visa issuance.
For example, rural projects not only benefit from dedicated visa allocations but also enjoy priority processing, meaning USCIS expedites these cases compared to unreserved petitions. This makes the reserved categories highly advantageous for Indian investors seeking a faster route to U.S. residency.
Processing Times for Indian Applicants in 2025-2026
Based on recent visa bulletin trends and USCIS updates, EB5 BRICS expects that unreserved EB-5 visas for Indian nationals will remain retrogressed throughout 2025 and into 2026. The backlog primarily affects investors who filed in earlier years under the standard (unreserved) category.
As of late 2025, the priority date cut-off for India in the unreserved category remains several years behind the current calendar year. That means new applicants filing in 2025 will likely wait multiple years before they can move forward to the visa stage.
By contrast, reserved categories – especially rural EB-5 projects – remain current for Indian nationals. Investors who file under these categories can move through USCIS adjudication and consular processing much faster, with some reaching conditional Green Card approval in as little as 12 to 24 months, depending on individual case factors.
This discrepancy between reserved and unreserved categories represents one of the most significant developments in the EB-5 program since its reform. For Indian applicants, it creates a clear strategic choice: either pursue the traditional unreserved path with a longer wait, or opt for a reserved project that offers priority access but may require investment in a specific geographic area.
Strategic Considerations for Indian Investors
While faster processing is a major advantage of the reserved categories, investors should also evaluate project quality, job-creation methodology, and financial risk. Reserved projects – especially rural developments – often require a longer holding period and may be located outside major metropolitan centers. However, they also tend to offer stronger immigration outcomes given their lower likelihood of retrogression.
Unreserved projects, on the other hand, may provide more familiar investment environments in established urban areas, but they currently face longer visa queues for Indian nationals.
Given these dynamics, many Indian investors are now prioritizing rural EB-5 projects to minimize immigration risk and shorten overall processing times. Partnering with experienced Regional Centers and immigration counsel ensures that project documentation meets USCIS standards and that the investor’s capital remains compliant with EB-5 requirements.
What to Expect Going Forward
Looking ahead to 2025-2026, EB5 BRICS anticipates that the gap between reserved and unreserved EB-5 processing times will persist. Unless there is a major policy adjustment or a decline in demand, the unreserved backlog for Indian nationals will likely continue for several years.
However, the U.S. government’s ongoing commitment to processing efficiency – particularly for rural and infrastructure investments – signals continued opportunity for new Indian investors willing to pursue the reserved routes.
For families hoping to relocate or secure U.S. education pathways for their children before aging out of dependent status, filing under a reserved EB-5 category may provide a crucial timing advantage.