Are EB-5 set-aside visas really current for Chinese investors in May 2026?

Yes. The May 2026 Visa Bulletin confirms that all three reserved categories — Rural, High Unemployment, and Infrastructure — remain 'Current' for all countries including China. This means Chinese investors filing under these categories face no backlog and can potentially obtain a green card years faster than traditional EB-5 applicants.

How long does EB-5 set-aside visa processing take in 2026?

Rural projects receive priority processing under RIA. Current processing times for rural I-526E petitions are approximately 12-18 months. Combined with concurrent filing of I-485 (for investors already in the US), this can mean a green card in 12-24 months total. This is dramatically faster than the 7-10 year wait for unreserved EB-5.

What happens if EB-5 set-aside categories develop a backlog?

Demand for set-aside visas is rising rapidly in 2026. Once the cumulative demand exceeds the annual allocation (which could happen if filing volumes continue their current trajectory), USCIS will impose a cutoff date, creating a backlog. Investors who file earlier secure an earlier priority date, which determines their place in the queue. Filing now is the best protection against future backlogs.

EB-5 Set-Aside Visas Still Current in May 2026: The Information Gap Costing Chinese Investors Time and Money

Q: What are EB-5 set-aside visas?

EB-5 set-aside visas are reserved visa categories created by the EB-5 Reform and Integrity Act (RIA) of 2022. 32% of annual EB-5 visas are set aside for three categories: Rural areas (20%), High Unemployment Areas (10%), and Infrastructure projects (2%). Unlike the unreserved category which has a backlog of 7+ years for Chinese investors, all three set-aside categories are currently 'Current' with no waiting list.

Q: What is the September 30, 2026 grandfathering deadline?

September 30, 2026 is the grandfathering deadline under RIA 2022. Investors who file their I-526E petition before this date are protected from any future legislative changes. This means even if Congress modifies or sunsets the EB-5 program, investors who filed by September 30 will have their case adjudicated under current rules.

Published: May 6, 2026

Author: GlobalPropAI Research Desk

Reading time: 8 minutes

Lead: The Most Important Fact Most Chinese Investors Don’t Know

As of the May 2026 Visa Bulletin, all three EB-5 set-aside (reserved) categories—Rural (20%), High Unemployment Area (10%), and Infrastructure (2%)—remain “Current” for all countries, including China. There is no backlog. There is no waiting line.

This is not a prediction or an optimistic projection. It is the current state of visa availability, published by the U.S. Department of State and confirmed by U.S. Citizenship and Immigration Services. While the majority of Chinese investors still assume EB-5 means a decade-long wait—a reputation earned honestly by the unreserved category’s brutal backlog—the set-aside categories created by the EB-5 Reform and Integrity Act of 2022 (RIA) tell a completely different story.

The information gap between what the market believes about EB-5 and what the data actually shows is costing Chinese investors time, money, and immigration options. This article closes that gap with verified facts and actionable strategy.

What the May 2026 Visa Bulletin Actually Says

The U.S. Department of State releases a Visa Bulletin each month, publishing two charts:

Chart A (Final Action Dates): Determines when a green card can actually be issued.
Chart B (Dates for Filing): Determines when an application can be submitted.

For May 2026, USCIS has confirmed that all employment-based categories, including EB-5, must use Chart A only. Chart B is not available for filing. This is critical context—but for set-aside investors, it changes nothing, because both charts show “Current” for reserved categories anyway.

Here are the concrete numbers from the May 2026 Visa Bulletin:

The unreserved category for China has a Final Action Date of September 22, 2016—meaning only investors who filed nearly a decade ago are eligible for a visa today. But all three reserved categories are “Current,” which means any qualified investor with an approved I-526E petition can receive a visa immediately, regardless of country of birth.

Sources: U.S. Department of State Visa Bulletin for May 2026; IIUSA analysis; Murthy Law Firm.

The Three Set-Aside Categories Explained

The RIA of 2022 redesigned the EB-5 program by reserving a portion of annual visas for targeted investment categories:

1. Rural Areas (20% of annual EB-5 visas — ~2,000 visas)

Investments in projects located in rural areas, defined as any area outside a metropolitan statistical area or outside the boundary of any city or town with a population of 20,000 or more. Rural projects receive priority processing under the RIA, meaning USCIS adjudicates these petitions faster than other categories.

2. High Unemployment Areas (10% of annual EB-5 visas — ~1,000 visas)

Investments in projects located in a U.S. Census tract (or contiguous tracts) with an unemployment rate at least 150% of the national average. These are typically urban revitalization projects in economically distressed communities.

3. Infrastructure Projects (2% of annual EB-5 visas — ~200 visas)

Investments in qualified government infrastructure projects. This is the smallest category but offers unique stability through government involvement.

Total reserved visas: approximately 3,200 per year, allocated separately from the unreserved pool. This separate allocation is precisely why they remain current—demand has not yet exceeded supply for these categories.

Why This Matters Most for Chinese Investors

The contrast is stark:

For Chinese investors, the set-aside categories represent the only EB-5 pathway without a China-specific backlog. This is not a loophole—it is an intentional design of the RIA, which created these categories precisely to direct investment toward underserved and high-need areas.

Yet behavioral economics tells us that perception lags reality. The EB-5 program’s backlog reputation was earned over years of painful waiting times. The RIA’s set-aside categories have only existed since 2022. Most investors and even some advisors are still operating on pre-2022 assumptions.

The result: Chinese investors who could obtain U.S. green cards in 12-18 months through a rural set-aside investment are instead assuming they face a decade-long wait and not pursuing EB-5 at all. That assumption is wrong.

The September 30 Grandfathering Clock

Perhaps the most urgent deadline in EB-5 today is not a visa bulletin date—it is the September 30, 2026 grandfathering deadline.

Under the RIA, investors who file their I-526E petition on or before September 30, 2026 receive statutory protection against future legislative changes or program lapses. This means:

If the EB-5 Regional Center Program expires or is not reauthorized after 2026, petitions filed before the deadline will still be processed.
If future legislation changes investment amounts, eligibility rules, or category allocations, grandfathered investors remain under current rules.
The protection applies to the investor’s entire family—spouse and unmarried children under 21.

This is not theoretical. When the EB-5 Regional Center Program previously lapsed in 2021, thousands of pending investors faced months of uncertainty and processing delays. The grandfathering provision was created specifically to prevent this scenario going forward.

September 30, 2026 is approximately 4 months and 24 days from today. Every day of delay narrows the window. While legislative reauthorization is widely expected, relying on “expected” outcomes with immigration law is a high-risk strategy.

Source: Reddy Neumann Brown PC; Offit Kurman; U.S. Citizenship and Immigration Services.

Chart B Closed: What It Means for Your Filing Strategy

USCIS confirmed that for May 2026, all employment-based adjustment of status applicants must use Chart A (Final Action Dates). This means:

If your priority date is not earlier than the Chart A date, you cannot file adjustment of status in May.
For set-aside investors, this has zero impact—because Chart A is “Current” for all reserved categories.
For unreserved China investors with a priority date after September 22, 2016, adjustment of status filing in the U.S. is not possible this month.

The Chart B closure for employment categories is consistent with historical patterns (USCIS typically opens Chart B for a few months mid-fiscal year and then closes it). But for those already in the U.S. on a valid nonimmigrant status (H-1B, L-1, F-1, etc.), the ability to file adjustment of status immediately through set-aside categories is a significant advantage—dual intent means you can pursue a green card while maintaining your current status.

Risk: Demand Is Rising—Backlog Could Form

The window of “Current” status for set-aside categories will not remain open indefinitely. Data points indicating rising demand include:

Increasing I-526E filings: USCIS data shows quarterly increases in set-aside petitions throughout FY2025 and into FY2026.
Agency processing acceleration: USCIS has dedicated resources to processing I-526E petitions, reducing adjudication times and pulling more demand into the pipeline.
Growing awareness: As more immigration attorneys, regional centers, and investor networks spread awareness of the set-aside opportunity, filing volumes are likely to accelerate.
Fiscal year dynamics: The U.S. government’s fiscal year ends September 30. If visa number usage in set-aside categories accelerates in the second half of FY2026, retrogression before October 1 is a real possibility.

The Department of State has already warned that India’s unreserved category faces potential retrogression later this fiscal year. While set-aside categories have not yet received such a warning, the pattern is instructive: visa availability can change quickly when demand surges.

The strategic implication is clear: The window for a truly backlog-free EB-5 filing from China exists now. It may not exist 12 months from now.

Strategy: File Now Under Rural for Priority Processing

For Chinese investors ready to act, the optimal strategy based on current conditions:

Step 1: Select a rural set-aside project. Rural investments receive statutory priority processing, meaning USCIS must adjudicate these petitions faster. Current processing times for rural I-526E petitions are approximately 10-14 months—significantly faster than the 24-36 months typical for non-rural categories.

Step 2: File I-526E before September 30, 2026. This secures grandfathering protection regardless of what happens legislatively. Even if you file the petition in the next few months, you are protected.

Step 3: If already in the U.S., leverage dual intent. File I-526E and I-485 concurrently (adjustment of status) while maintaining H-1B or other valid status. With set-aside categories current, concurrent filing is available today.

Step 4: Prepare for visa availability changes. Work with experienced counsel to ensure all documentation is prepared before filing, minimizing Requests for Evidence (RFEs) that could delay your petition.

The Cost of Waiting

Let’s quantify what “waiting costs”:

Investment threshold: The RIA set the standard EB-5 investment at $1,050,000 (or $800,000 for TEA-designated projects including set-aside categories). Future legislative changes could raise these amounts.
Opportunity cost: A 12-month delay could mean moving from a “Current” visa category to one with a multi-year backlog.
Age-out risk: Children approaching 21 face the risk of “aging out” of derivative beneficiary status if processing is delayed.

For families with children nearing the age limit, every month of delay carries disproportionate risk. The Child Status Protection Act (CSPA) provides some relief, but filing sooner rather than later is the most reliable protection.

Frequently Asked Questions

What are EB-5 set-aside visas?

EB-5 set-aside visas are a category of EB-5 immigrant investor visas created by the EB-5 Reform and Integrity Act of 2022. Approximately 32% of annual EB-5 visas are “set aside” (reserved) for investments in three specific categories: rural areas (20%), high unemployment areas (10%), and infrastructure projects (2%). These categories have their own visa allocation separate from the traditional unreserved EB-5 pool.

Are set-aside EB-5 visas really current for Chinese investors?

Yes. As of the May 2026 Visa Bulletin, all three set-aside categories show “Current” for Chinese-born investors in both Chart A (Final Action Dates) and Chart B (Dates for Filing). This means there is no backlog and no waiting period for visa availability for approved petitions in these categories, regardless of country of birth.

What is the September 30, 2026 grandfathering deadline?

The grandfathering provision in the RIA protects investors who file their I-526E petition on or before September 30, 2026, from future legislative changes or program expiration. If you file by this date, USCIS must continue processing your petition even if the EB-5 Regional Center Program later expires or undergoes legislative reform. After this date, the protection no longer applies to new filers.

What happens if a backlog forms in the set-aside categories?

If demand exceeds the annual visa supply in any set-aside category, the Department of State would impose a “Final Action Date” (creating a backlog), just as it has for the unreserved category. Investors who have already filed before retrogression would retain their priority date and be queued in order. This is precisely why filing sooner reduces risk—you secure your place in line before any potential backlog forms.

How do I choose between rural, HUA, and infrastructure projects?

Rural projects offer statutory priority processing from USCIS and are the largest category (20%). High Unemployment Area projects offer urban investment opportunities and are the second-largest (10%). Infrastructure projects involve government-backed initiatives but have the smallest allocation (2%). The optimal choice depends on your risk tolerance, processing speed priorities, and due diligence on specific project economics. Most current market activity is concentrated in rural projects due to the priority processing advantage.

Take Action

The data is clear: EB-5 set-aside visas are current for China today. The grandfathering deadline is approaching. Demand is rising. Waiting carries concrete, quantifiable risk.

Chinese investors interested in pursuing EB-5 under current conditions should schedule a consultation to discuss project options, filing strategy, and timeline planning.

[📅 Book a Free Eligibility Assessment →]

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration outcomes depend on individual circumstances and are subject to change. Consult with a qualified immigration attorney before making investment decisions.

Sources & References:

U.S. Department of State, Visa Bulletin for May 2026
USCIS, Adjustment of Status Filing Charts for May 2026
IIUSA, “May 2026 Visa Bulletin: Reserved Categories Remain Current” (April 2026)
WR Immigration (Wolfsdorf), “Five Critical Observations: May 2026 Visa Bulletin” (April 2026)
Murthy Law Firm, “May 2026 Visa Bulletin” (April 2026)
Reddy Neumann Brown PC, “The September 30, 2026 EB-5 Grandfathering Sunset” (2026)
Offit Kurman, “EB-5 Deadlines Explained: September 30, 2026” (2026)