Behring’s EB-5 platform has become a lifeline for Indian-born professionals seeking immigration certainty in an increasingly competitive landscape. Recent success stories demonstrate how strategic legal action, combined with proven EB-5 projects and diversified financing options, can dramatically accelerate the path to permanent residency. Through strategic use of Writ of Mandamus (WOM) actions and carefully selected investment opportunities, Indian investors are avoiding potential backlogs and securing green cards in record time.
The Challenge: Visa Allocation Priority in Today’s Immigration Environment
The EB-5 Reform and Integrity Act of 2022 (RIA) established new visa categories, reserving 32% of annual allocations for High Unemployment Area (HUA), Rural, and Infrastructure projects. While these “set-aside” categories offer a reduced $800,000 investment threshold, USCIS continues prioritizing older cases in the Unreserved Category leaving reserved visas underutilized.
Key Insights from FY 2024 Data:
- Unreserved visas dominated allocations: Over 14,000 Unreserved visas were issued in FY 2024, dwarfing the 125 green cards allocated to Rural projects.
- Set-Aside visas remain sidelined: The trend of prioritizing allocation of Unreserved visa applications continues in 2025, as no Final Action Dates have been published in the Set-Aside Categories.
- Dual Approval Codes: USCIS assigns dual codes (reserved/unreserved) to I-526E petitions, allowing flexibility in visa allocation. HUA and Rural investors can get their cards from either the reserved or the unreserved category.
- Retrogression risks: Only 2% of Rural and 5% of HUA visas were issued by early 2025. Rising demand could trigger retrogression, closing the opportunity to obtain the Employment Authorization Document (EAD) and Advance Parole through concurrent filing of the I-485 Adjustment of Status. Retrogression would also disallow filing a WOM to accelerate investors’ immigration journey.
For a deeper analysis of visa trends, review Behring’s groundbreaking October 2024 Visa Bulletin Breakdown.
The Opportunity: Slow use of Reserved Numbers allows for fast-tracking your EB-5 application.
The July 2025 Visa Bulletin marks the tenth month of the 2025 Federal Calendar, and shows Unreserved Final Action Dates in 2019, while the Reserved Categories (HUA, Rural and Infrastructure) remain Currently Available. While the vast majority of EB-5 applications since 2022 are in these categories, the Government has been working on the oldest cases first – similar to past practice.
Filing a WOM has emerged as a powerful tool for EB-5 investors who have selected a compliant job-creating platform. Behring’s investors leveraged this strategy in appropriate circumstances under the advice of their immigration lawyers, a WOM to compel USCIS to take action on cases that have been pending beyond normal processing times. For Behring’s Indian investors, this strategy has proven to fast-track green cards when combined with our compliant, USCIS-approved projects.
Recent success stories demonstrate the effectiveness of this approach. In November 2024, a group of 18 EB-5 investors at Behring Regional Center secured Form I-526E approvals through a Writ of Mandamus filed by KLDP, LLP. This trend has continued for Behring’s investors at RISE and 1900 Broadway, not just at the I-526E, but also for the I-485 Adjustment of Status applications. Several of our investors have also obtained their conditional green cards in just 16 months.
These approvals continue to validate Behring’s thought-leadership by innovating strategies including Unity Lender financing, partial capital contributions, and self-directed IRA rollovers.
Why Behring Regional Center?
In addition to legal advice by your immigration lawyer to determine if a WOM is appropriate for your case, a Writ of Mandamus must be paired with a successful, compliant project for approval of your EB-5 petition. Behring continues it’s 100% track record of project approvals. Behring was recently celebrated as an award-winning Real Estate Developer, with the ability to deliver housing in a core tech driven market, and providing EB-5 investors with market leading innovative strategies.
Several of Behring’s investors from India have taken bold steps by filing a WOM in connection with their investments at 1900 Broadway and the RISE Fund, including investors who have fled failed projects and re-filed with a proven winner. This combination of legal strategy and careful project selection has allowed them to bypass potential backlogs.
Key Benefits:
- Bypass the backlog: Mandamus lawsuits force USCIS to act, reducing indefinite waits.
- Faster green cards: Approvals are coming in months, not years.
- Concurrent filing: Investors can file I-526E and I-485 adjustment of status together, unlocking work and travel authorization while awaiting green card approval.
The Behring Edge: Why Our Investors Succeed
- Fast capital raises and job creation: Ensures project momentum and timely job creation for all investors.
- USCIS-approved projects: Both debt and preferred equity investment strategies have been approved, validating compliance and offering multiple investment options.
- Strategic Capital Markets: Behring’s successful deliveries are founded in economic data, creating jobs by building student housing, workforce housing and lease-backed medical support.
The Mandamus Strategy has Limitations
As of early 2025, only 2% of Rural and 5% of HUA set-aside visas had been issued, but demand is rising, and the window could close quickly if visa approvals surge, exceeding the annual quotas. Once the Visa Bulletin publishes Chart Dates in the reserved or set-aside categories, this will impact investors in two ways. First, investors in the United States can no longer concurrently file their I-485 Adjustment of Status or receive the EAD and Advance Parole to secure work and travel benefits, nor can they lock in the ages of their children at risk of aging out. Second, USCIS cannot allocate green cards to investors and their families until their priority dates become current, delaying I-526E approvals and green card allocation.
Seize the Opportunity with Behring Regional Center
The EB-5 landscape is shifting. Indian investors have a unique, but narrowing, window to secure green cards through set-aside categories. By leveraging the Writ of Mandamus and the advantages of Behring’s track record of compliance, investors can outpace the backlog and secure their family’s future in the U.S.
If you’re considering EB-5, now is the time to act. Behring’s team can answer your questions, evaluate your options, and guide you through every step of the EB-5 investment process. Reach out today to schedule a consultation and take the first step toward fast-tracking your U.S. immigration journey.
Schedule a Call with Behring’s Team of EB-5 Experts to Get Started Today
Book an appointment with a Behring team member today to explore safe investment opportunities and take your first step toward U.S. permanent residency! Check out Behring Co.’s YouTube channel for more resources and insights into how we can help you achieve success through EB-5 investments!
