Reserved Visa Math: How the Rural, High-Unemployment, and Infrastructure Set-Asides Work

Not every EB-5 visa is the same visa. Since the EB-5 Reform and Integrity Act of 2022, a portion of the annual supply is set aside each year for three specific kinds of investment, and DHS’s proposed rule, published under Docket No. USCIS-2026-0100, restates that structure. For an investor deciding where to place capital, the set-aside categories are a separate planning variable in addition to the investment amount and the project type.

This article explains what the reserved categories are, what happens to visas that go unused, and one eligibility rule that surprises people: a direct, standalone investor cannot use an infrastructure-reserved visa at all.

The Three Set-Asides, by the Numbers

Start with the total. The proposed rule explains that “The INA allots 7.1 percent of the worldwide level of employment-based visas (generally around 9,940 immigrant visas) each fiscal year” to the EB-5 classification. From that annual pool, the statute carves out three reserved slices.

Two of them come from the same provision. DHS describes how the RIA “added new provisions to the INA that reserve 20 percent of EB-5 visas available annually (or around 1,988 in a typical year) for investments in rural areas and 10 percent of EB-5 visas available annually (or around 994 in a typical year) for investments in high unemployment areas.” The third is smaller: “the INA reserves two percent of EB-5 visas available annually (or approximately 198) for investments in qualifying infrastructure projects.”

So the map is straightforward. Twenty percent rural, ten percent high-unemployment, two percent infrastructure, and everything else in the unreserved pool. The counts DHS cites move with the annual total, but the percentages are fixed by statute.

The Carryover Rule: Two Years, Then Release

A reserved visa that nobody uses does not vanish immediately, but it does not stay reserved forever. The proposed rule lays out a two-step carryover.

First, a one-year rollover within the same category. DHS states that “Any visas reserved for each area that remain unused at the end of the fiscal year are reserved for the same area for an additional fiscal year.” An unused rural visa stays a rural visa the next year.

Second, if it is still unused after that extra year, it leaves the reserved system. DHS explains that “Any reserved visas unused for a second year are released in the third fiscal year to the total amount of unreserved EB-5 visas available for investors not investing in a rural area or area of high unemployment or infrastructure project.” In practice, unused reserved visas carry over for two years, then release into the unreserved pool. This is a mechanical rule in the statute, not a case-by-case decision.

Infrastructure Is a Regional Center Benefit

One eligibility rule catches direct investors off guard. The two percent infrastructure set-aside is not open to everyone who invests in such a project. DHS is explicit: “a standalone investor is not eligible to receive a visa reserved for investment in an infrastructure project.”

The reason is structural. DHS controls the designation itself: “Only DHS may determine whether a project qualifies as an infrastructure project.” That determination happens at the project-application stage, which is a regional center function. A standalone investor has no project application in which the infrastructure designation could be made, so the infrastructure-reserved visa is, in practice, a regional-center-exclusive benefit. One more eligibility line: the set-asides exist only for petitions filed on or after March 15, 2022 that meet the post-RIA requirements. Investors who filed before the RIA remain in the unreserved pool. For how the petition side works, see our guide to the I-526E petition.

Why the Set-Asides Matter for Backlogged Countries

Each reserved category is counted apart from the unreserved pool, which is why nationals from countries with heavy EB-5 demand, including India and China, have paid close attention to them since 2022. Layered on top is the RIA’s concurrent-filing feature: the proposed rule notes the INA provision that “permits concurrent or subsequent filing of applications for adjustment of status for certain EB-5 investors filing petitions for classification,” which lets some investors already in the United States file for adjustment of status alongside the petition.

We will not go further than that. This article makes no prediction about how many visas will be available in any category, how long any queue will run, or whether a set-aside will be current for any nationality in any year. Those questions turn on the Department of State’s monthly visa bulletin. What the rule nails down is the architecture: three reserved categories, defined percentages, a two-year carryover, and an infrastructure lane limited to regional-center investors. The rule also protects investors who complete their investment on time: under proposed 8 CFR 204.402(g), a high unemployment area investor who has fully invested during the period of designation keeps set-aside eligibility even if the designation later expires. For the basics of how the program fits together, start with our EB-5 explainer.

Proposed Rule, Statutory Math

Two things are worth separating. The set-aside percentages and the carryover mechanics come from the statute Congress enacted in 2022, so they do not depend on whether this rulemaking is finalized. The regulatory details around designation, evidence, and project applications are part of the proposal and can change through the comment process. Comments are due on or before August 31, 2026, under Docket No. USCIS-2026-0100.

Investors weighing a filing this year are also watching the September 30, 2026 grandfathering deadline, which we cover in a separate article. As always, this is general information about a proposed rule, not legal advice, and investors should confirm their eligibility and timing with qualified immigration and securities counsel.

Related analysis in this NPRM series: the TEA expiry trap and redeployment under the proposed rule.

Important Disclosures

This article is provided for general educational purposes only and does not constitute legal, tax, investment, or immigration advice. Consult your own immigration and securities counsel about your individual circumstances.