Priority processing has made rural EB-5 projects increasingly attractive to investors. With some rural petitions reportedly moving through the system in as little as 4 to 6 months — and Form I-526E approvals often occurring within 9 to 12 months — many investors are focusing almost exclusively on rural projects.
This momentum has only increased following recent guidance from U.S. Citizenship and Immigration Services (USCIS) clarifying how the agency is implementing the EB-5 Reform and Integrity Act of 2022 (RIA) provisions related to rural priority processing.
As a result, many investors are overlooking High Unemployment Area (HUA) projects, despite the fact that HUA investments also qualify under a reserved visa category.
However, investors should carefully consider whether faster rural processing truly provides the best long-term immigration strategy — particularly for families with children nearing age 21.
Understanding Set-Aside Visa Categories
The EB-5 Reform and Integrity Act of 2022 introduced reserved visa categories that significantly reshaped the EB-5 landscape.
Of the approximately 10,000 EB-5 visas available annually:
- 20% are reserved for rural projects
- 10% are reserved for HUA projects
- 2% are reserved for infrastructure projects
Currently, all reserved visa categories remain “current” according to the Visa Bulletin. However, filing trends suggest that visa backlogs and future cutoff dates may emerge soon — potentially affecting rural categories first.
Data published by the American Immigrant Investor Alliance (AIIA) indicates that although USCIS has received a similar number of petitions for rural and HUA projects, the agency has approved significantly more rural petitions.
This appears to be a direct result of USCIS prioritizing rural petition adjudications under the RIA.
Why Rural Processing Could Create Future Risks
While faster adjudication may initially appear beneficial, it could create unintended consequences.
Because rural petitions are being approved at a much faster rate, the rural reserved visa category may reach its annual allocation sooner, potentially leading to visa retrogression and longer wait times for investors seeking conditional permanent residence.
If rural visa backlogs emerge, investors may ultimately face delays despite receiving quicker petition approvals.
At the same time, USCIS may shift resources toward other queues, including HUA petitions, which could result in improved processing times for HUA investors in the future.
USCIS Guidance on Rural Priority Processing
Recent USCIS guidance provides additional insight into how the agency is managing EB-5 petition adjudications.
Under its current approach, USCIS generally prioritizes:
- Rural Form I-526E petitions
- Petitions associated with approved Form I-956F project applications
- FIFO (First In, First Out) processing within the rural queue
This guidance appears to confirm the operational framework USCIS has already been using and further reinforces the market’s strong focus on rural projects.
Child Status Protection Act (CSPA) Considerations
Families with teenage children should pay particularly close attention to the Child Status Protection Act (CSPA).
Under immigration law, a child who turns 21 before permanent residency is granted may “age out” and lose eligibility as a derivative beneficiary.
CSPA offers limited protections by allowing certain periods of petition processing time to be deducted from a child’s age calculation.
In some cases, longer petition processing times can actually provide greater age-out protection.
This creates an important strategic consideration:
- Faster rural processing may reduce the amount of time available for CSPA age calculations.
- Longer HUA petition processing may provide additional protection for children approaching age 21.
For families immigrating primarily to create educational and long-term opportunities for their children, this distinction can be extremely important.
Key Takeaways for EB-5 Investors
Gary N. Merson – President
Gary N. Merson is the President of ALC, bringing more than 25 years of experience in U.S. immigration law, policy, and compliance. He most recently served as Chief of Staff at the Office of the Citizenship and Immigration Services Ombudsman within the U.S. Department of Homeland Security and previously contributed to bipartisan EB-5 reform efforts as Chief Counsel for the House Judiciary Committee’s immigration subcommittee. His leadership reflects deep expertise in EB-5 policy and stakeholder engagement.
About American Lending Center:
American Lending Center (ALC) is a private, non-bank lender committed to advancing US economic growth and job creation. Headquartered in Irvine, California, ALC operates 14 USCIS-designated regional centers spanning the continental United States and Hawaii. Since 2009, ALC has deployed more than $2.3 billion in financing, supporting thousands of businesses nationwide and contributing to the creation and retention of over 140,000 jobs. ALC is committed to Immigrant First Investing.
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