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As demand for the EB-5 Immigrant Investor Program remains strong, Infrastructure is becoming an increasingly important category for investors to understand.

Created under the EB-5 Reform and Integrity Act of 2022, the Infrastructure category receives a 2% annual visa set-aside. However, not every project described as “infrastructure” automatically qualifies.

What Qualifies as an EB-5 Infrastructure Project?

Under EB-5 rules, an Infrastructure project must be administered by a governmental entity, which serves as the job-creating entity and works with the relevant EB-5 entities to finance the maintenance, improvement or construction of a public works project.

A project may involve roads, utilities or transportation without necessarily qualifying for the EB-5 Infrastructure category. The legal structure and supporting documentation therefore matter.

What the Latest EB-5 Data Shows

Demand for EB-5 remains strong. USCIS received 1,599 I-526E petitions in Q3 FY2026, while an estimated $4.18 billion in EB-5 capital was raised during the first three quarters of the fiscal year.

Infrastructure filings, however, present an interesting issue.

USCIS recorded no Infrastructure I-526E receipts in its FY2026 Q1 data, despite industry reports indicating that Infrastructure petitions had been filed. A similar discrepancy was identified in Q2.

This does not determine whether an individual project qualifies, but it does reinforce the importance of understanding how a project is classified and what documentation supports that classification.

Why EB-5 Legal Review Matters

Before investing, investors should understand not only what the project is building, but why it qualifies for the category being advertised.

An experienced EB-5 immigration lawyer can review:

• The claimed EB-5 category
• The role of the governmental entity
• Form I-956F
• Job-creation methodology
• The supporting project documentation

Investors should also consider the commercial side of the investment, including how EB-5 capital will be used, the financing structure, repayment terms and disclosed risks.

Choosing an EB-5 Lawyer in Dubai

For investors in Dubai, the UAE and across the GCC, an EB-5 lawyer should do more than prepare Form I-526E.

The legal team should help review the project structure, source of funds, immigration documentation and potential filing issues before the investment is made.

At The American Legal Center, our team works with investors throughout the EB-5 process, from project and eligibility discussions through source-of-funds preparation and I-526E filing.

The key is simple: understand why the project qualifies, review the documentation behind it and know exactly what you are investing in.