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For EB-5 investors, the September bulletin maintains the position seen in recent months. However, the State Department has issued an important warning about the potential for changes in the unreserved category before the end of the fiscal year.

EB-5 Visa Availability Remains Stable

The three reserved EB-5 categories continue to remain current for all countries. This includes the Rural set-aside, which accounts for 20% of EB-5 visas, the High-Unemployment set-aside at 10%, and the Infrastructure set-aside at 2%. For investors considering these categories, the continued availability provides an important degree of flexibility as the fiscal year comes to a close.

The unreserved EB-5 category remains current for all countries except China and India. China’s final action date remains at December 1, 2016, while India remains unavailable through the end of the fiscal year. All other countries continue to remain current. The category is expected to become available again with the start of the new fiscal year in October, subject to demand and visa availability.

The Department of State states that continued demand and increased visa number usage could require the EB-5 unreserved category to retrogress or become unavailable before the end of September 2026. This means the current dates should not necessarily be viewed as fixed for the remainder of the month.

If you are considering beginning your EB-5 visa process, this is your last chance to contact The American Legal Center’s team of U.S. licensed lawyers at +971 52 446 6095 to discuss your options and determine the appropriate strategy for your circumstances.