EB-5 as a Backlog Shortcut for India and China

Updated 2026-06-07

If you are an Indian or Chinese applicant staring down a green card wait measured in decades, you have probably wondered whether there is a faster door. For some people, there is: the EB-5 investor green card. Because of a 2022 law, certain EB-5 investments have stayed "current" in the Visa Bulletin even for India and China, while EB-2 and EB-3 applicants from those countries wait years. This guide explains how that works, what it costs, and the very real risks you need to weigh before going down this path.

Why EB-5 can jump the line

EB-5 is the fifth employment-based green card category. Instead of an employer sponsoring you, you qualify by investing in a U.S. business that creates jobs. The reason it can be faster for India and China comes down to one law: the EB-5 Reform and Integrity Act of 2022 (often shortened to "the RIA"), which President Biden signed on March 15, 2022 as part of the Consolidated Appropriations Act, 2022.

The RIA created three new "set-aside" categories. A set-aside means Congress reserved a slice of the yearly EB-5 green cards specifically for investments in certain types of projects:

• Rural projects get 20% of the annual EB-5 visas.
• High-unemployment area projects get 10%.
• Infrastructure projects (public works run by a government entity) get 2%.

Because these reserved buckets are newer and have less built-up demand, they have generally stayed current or near-current in the monthly Visa Bulletin even for India and China. In the June 2026 Visa Bulletin, for example, all three set-aside categories were listed as "Current" for every country, while the regular ("unreserved") EB-5 category for India sat at a final action date of May 1, 2022 and China at September 22, 2016. (Want to understand those dates? See how to read the Visa Bulletin and what retrogression means.)

What it costs

EB-5 has two investment levels, both set by the RIA:

• $800,000 if you invest in a targeted employment area (TEA) — which includes the rural and high-unemployment set-aside projects above.
• $1,050,000 for a standard investment that does not qualify for the lower amount.

These figures are scheduled to adjust for inflation, with the first adjustment effective for petitions filed on or after January 1, 2027. On top of the investment itself, expect substantial legal fees, regional-center or project administration fees, and government filing fees. EB-5 is not a cheap path.

Concurrent filing: staying in the U.S. while you wait

One genuine advantage the RIA added: if you are already in the United States in a valid status (say, on an H-1B), and a visa number is available to you, you can file your EB-5 petition (Form I-526E) and your green card application (Form I-485) at the same time — this is called concurrent filing. Because the set-aside categories have been current, many India- and China-born investors have been able to do exactly this. Filing the I-485 can also let you request a work permit and travel document while you wait. Concurrent filing is only available if you are physically present in the U.S. and a visa number is available per the Visa Bulletin.

The honest risks — read this part twice

EB-5 is not a shortcut you buy. It is a real, at-risk investment, and the law requires it to be at-risk. That means:

• You can lose money. If the project fails, you may lose some or all of your $800,000+. There is no government guarantee, and "guaranteed return" pitches are a red flag.
• Your green card depends on the project succeeding. The investment must create at least 10 full-time U.S. jobs. If the project does not meet the job-creation and other requirements, your petition can be denied.
• Set-aside categories can retrogress. "Current" today does not mean current forever. As more people file, even the reserved categories could develop waits.
• It is a lot of money to tie up for years, often in an illiquid project you do not control.

Because of all this, EB-5 makes sense mainly for people who both want a faster green card path and can genuinely afford to put this capital at risk. It is not a substitute for the EB-2/EB-3 process for most applicants. If your situation is more about a job change or keeping your existing case alive, look at AC21 portability or the EB-2 vs EB-3 downgrade strategies first.

Is this worth exploring for you?

Consider EB-5 set-asides seriously if you are India- or China-born, facing a long EB-2 or EB-3 wait (see the EB-2 India, EB-3 India, EB-2 China, or EB-3 China pages), and you have meaningful capital you can afford to risk. The full details of qualifying investments live on the EB-5 investor category page. Because the money and the immigration stakes are both high, this is one area where professional advice is essential before you commit a dollar.

Sources: USCIS — About the EB-5 Visa Classification, USCIS — EB-5 Questions and Answers, and U.S. Department of State — Visa Bulletin for June 2026. Informational only, not legal, financial, or tax advice; confirm your specifics with a licensed immigration attorney.