Quick summary: The 2022 EB-5 Reform and Integrity Act (RIA) maintains two investment levels at $800,000 USD for TEA and $1,050,000 USD for non-TEA projects, but adds something far more important: 32% of EB-5 visas each year are "set aside" for rural projects, high-unemployment areas, and infrastructure. For investors, choosing the right project category now determines your wait time more than choosing the right dollar amount.
Many families still compare EB-5 projects by two criteria: promised interest rates and developer reputation. After 2022, these are the least important factors.
What determines whether you hold a green card after three years or eight years is which visa set-aside group your project belongs to. Two projects at the same $800,000 investment level, in the same city, can face completely different visa queues.
The broader context of US relocation is available on the USA page. This article explains three concepts that appear frequently in EB-5 marketing materials but are rarely explained thoroughly: TEA, set-aside visas, and visa queues by country of birth.
What did the 2022 Reform Law Change for Investors?
The EB-5 Reform and Integrity Act (RIA) was signed on 03/15/2022, after nearly nine months when the EB-5 Regional Center program was suspended. It reestablished the program while rewriting much of the rules.
| Item | 2019 Regulations (struck down 06/2021) | After RIA 2022 |
|---|---|---|
| TEA investment level | $900,000 USD | $800,000 USD |
| Non-TEA investment level | $1,800,000 USD | $1,050,000 USD |
| Who designates TEA | State government | U.S. Citizenship and Immigration Services (USCIS) |
| Visa set-asides by project type | None | 20% rural, 10% high-unemployment, 2% infrastructure |
| Concurrent green card filing while in the US | No | Yes, if eligible |
| Minimum time capital must remain in project | Throughout conditional green card period | Minimum 2 years |
| Regional Center program expiration | Short renewals or terminations | Until 09/30/2027 |
The 2019 regulations were struck down by federal court in 06/2021, so the older $500,000 and $1,000,000 USD levels were reinstated briefly before RIA. Only the RIA levels apply now.
Both investment levels will be adjusted for inflation starting 01/01/2027, then every five years thereafter. We analyzed the timeline around late 09/2026 in our article EB-5 and the 09/30/2026 deadline and who needs to file early for protection.
Fee information: as of 04/01/2024, the I-526E filing fee is $11,160 USD and the I-829 (removing conditions) filing fee is $9,525 USD. These are USCIS fees, not including project management fees and attorney fees.
What is TEA, and Why Does That $250,000 Difference Matter?
TEA (Targeted Employment Area) is a region that qualifies for the lower investment level. There are two types:
- Rural area: located outside a statistical metropolitan area and outside any city or town with a population over 20,000.
- High-unemployment area: an unemployment rate of at least 150% of the national average, calculated for a census tract or group of adjacent tracts.
An important change in RIA: USCIS determines TEA itself, no longer relying on state confirmation letters. Before 2022, many projects in central Manhattan or Miami were "gerrymandered" to include distant census tracts to qualify as high-unemployment. RIA tightens this practice, allowing grouping only of directly adjacent tracts.
For investors, the practical questions are: When was the project's TEA designation confirmed, and is it still valid at the time you wire funds? Do not accept an answer that "the project is TEA" without written documentation and a date.
Set-Aside Visas: 20%, 10%, 2% — How is it divided and who benefits?
Each year, the US allocates approximately 7.1% of employment-based visa numbers to EB-5 — typically around 10,000 visas including spouses and children. But starting in 2022, this is no longer a single queue.
| Category | Percentage | Qualifying Projects |
|---|---|---|
| Rural | 20% | Projects in rural TEA areas |
| High-unemployment | 10% | Projects in high-unemployment TEA areas |
| Infrastructure | 2% | Infrastructure projects controlled by government entities |
| Non-set-aside | Remainder | All other projects, including urban TEA projects outside the above categories |
Unused set-aside visas in a given year roll over to the following year within the same category, before returning to the general pool. This is why set-aside categories, especially rural, typically have significantly shorter visa queues.
An additional benefit rarely mentioned: USCIS prioritizes review of rural project applications. In practice, I-526E processing times for this category are often faster than other categories, though there is no published commitment.
The tradeoff: rural projects are typically in remote locations, smaller in scale, and have narrower exit markets. Project risk is real and must be evaluated separately.
Visa Queues by Country of Birth: Where Do Investors Born in Vietnam Stand?
EB-5 visas are allocated by country of birth, not citizenship. Each country is subject to a per-country limit of approximately 7% of total visas per year. Countries with excess applicants receive their own "priority dates" in the monthly Visa Bulletin published by the U.S. State Department.
China and India have the heaviest backlogs in the non-set-aside category. Vietnam previously had its own priority date in the non-set-aside category during 2019–2022, when the wave of Vietnamese investors peaked. This is a lesson worth remembering: a country with many applicants can be placed in a separate queue in just a few years.
A few practical points:
- Check the current month's Visa Bulletin, in the Vietnam row or "All Chargeability" row, for your specific project category. Do not rely on tables prepared by advisors from a few months ago.
- You can use your spouse's country of birth if your spouse was born in a country with a shorter queue. This is rare for Vietnamese families, but worth knowing.
- A child turning 21 soon requires separate calculation. A long queue can cause a child to "age out" even with child protection rules (CSPA). Ask your immigration attorney to calculate specifically for each child.
Filing green card applications concurrently: what's the advantage for those already in the US?
RIA allows people legally present in the US to file Form I-485 (adjustment of status) concurrently with Form I-526E, if their visa category has no queue at the time of filing.
Practical benefits while waiting:
- Eligibility for work authorization (EAD) to work legally.
- Eligibility for travel documents (Advance Parole) to enter and exit the US.
- No need to continuously extend your current visa status.
Greatest benefit goes to families with children studying in the US on F-1 student visas or those working on H-1B, L-1, or E-2 visas. For these groups, EB-5 becomes an uninterrupted bridge.
Important note: changes to US student visa policy in 2026 affect this plan; see our article US eliminates Duration of Status for F-1, J-1 visas. Those outside the US follow the consular visa route and do not have this advantage.
Risks to understand before wiring funds
Capital must be at genuine risk. EB-5 law requires capital "at risk." Any project guaranteeing return is offering something the law prohibits. Repayment depends on actual project success.
The Regional Center program has an expiration date. The program is currently authorized until 09/30/2027. The most recent suspension lasted from 07/2021 to 03/2022, freezing thousands of applications. RIA includes protections for applications filed before 09/30/2026, but ask your attorney whether your specific application qualifies.
Source of funds documentation is where most Vietnamese applicants fail. Money from land sales, family business income, or gifts from parents are all legitimate, but every step must be traceable. We summarized reasons for rejection in our article why source of funds applications are denied, and proper methods for international transfers in how to legally transfer investment funds abroad.
Job creation requirement. Each investor must document that the project creates at least 10 full-time jobs. A project sold to too many investors relative to projected job creation is risky at the I-829 stage.
Wait times are not fixed. No one can predict exactly how long it will take. Any advisor giving a specific timeline like "green card in 18 months" without conditions is selling a promise, not information.
Checklist: Questions to Ask the Project and Your Advisor
- [ ] Which visa category does the project belong to: rural, high-unemployment, infrastructure, or non-set-aside? Do you have documentation?
- [ ] When was the TEA designation determined, and based on what year's data?
- [ ] How many I-526E applications from this project have been approved to date?
- [ ] How many total investors are projected vs. how many full-time jobs are estimated?
- [ ] Where does your capital sit in the capital structure: priority loan, subordinated loan, or equity?
- [ ] If the project requires reinvestment after two years, what does reinvestment target?
- [ ] Has the Regional Center paid the annual integrity fund fees in full?
- [ ] For my child (specific age), is there a risk of aging out before green card approval?
- [ ] If the Regional Center program is suspended, how would my application be handled?
Nine questions. Any serious advisor will answer in writing, not verbally.
Is EB-5 the only path to the United States?
No. For families without sufficient capital or who want to relocate faster to start a business, the route of Caribbean citizenship followed by E-2 visa is being pursued by many — see our article Grenada to E-2 US: each step explained. E-2 is not a green card, but initial capital is more flexible and you operate your own business.
These two routes can connect: enter the US on E-2, then file EB-5 concurrently when you meet the requirements.
Next Steps
Open this month's Visa Bulletin and identify your country of birth row and your project category. Then use the program recommendation tool to set EB-5 alongside other options according to your family's actual goals — education, business, or long-term residence.
If you've chosen EB-5, your first task is not selecting a project, but preparing your source of funds documentation. This is the most time-consuming part and also the part you control most.
