EB-5 Insights: What the Latest USCIS Data Reveals

Posted on Feb 27, 2026 by Jacqueline Treviño

In January 2026, the American Immigrant Investor Alliance (AIIA) obtained new data through July 31, 2025, from U.S. Citizenship and Immigration Services (USCIS) about what is really happening with EB-5 investor petitions, especially in the set-aside categories: Rural, High Unemployment (HUA), and Infrastructure.

What Did USCIS Report? 

AIIA confirms that this is the most complete post-RIA I-526E data available to date, showing that 13,520 total petitions (I-526 and I-526E) were filed between April 2022 and July 2025.

  • 6,582 were in High Unemployment Areas (HUA)
  • 6,406 were Rural
  • 0 were recorded as Infrastructure

So far, USCIS has adjudicated only about 26% of all cases filed.

Will There Be a Visa Bulletin Cut-Off (Priority Date)?

Based on I-526E processing trends through July 2025, AIIA does not anticipate priority date cut-offs for most set-aside categories in 2026. Visa numbers are allocated only when a petition (I-526 or I-526E) is approved, and cut-offs occur only when the number of qualified applicants exceeds the available visas.

  • Rural – More approvals have been issued, so this category is more susceptible to potential retrogression
  • High Unemployment Areas (HUA) – Not enough approvals yet to create cut-off dates
  • Infrastructure – No approvals recorded; a cut-off is unlikely soon
India and China continue to Dominate EB-5 Demand

Of all petitions filed between April 1, 2022, and July 31, 2025, 22.10% came from India, 50.95% came from China, and 13.83% came from all other countries (ROW). India and China account for nearly three-quarters of EB-5 demand.

For I-526/I-526E petitions filed during the same period, approval rates by TEA category and country of chargeability were as follows: 27.9% of petitions from Indian investors were approved, 51.8% from Chinese investors, and 11.0% from investors in ROW countries.

EB-5 Insights graphic showing USCIS immigration documents, a laptop with financial charts, and a city and rural landscape background representing latest EB-5

The Infrastructure Mystery 

USCIS reported zero Infrastructure filings, approvals, and denials through July 2025.

This is surprising because industry sources say Infrastructure projects indeed exist and petitions have been filed. This raises concerns about possible database errors, lack of transparency, and unknown future backlog risks. Without accurate data, investors cannot properly assess Infrastructure timing risk.

Why This Data Matters

For investors, policymakers, and the EB-5 community, this information is critical. It allows more informed decisions, sheds light on potential backlogs, and emphasizes the importance of advocacy and oversight to ensure the EB-5 program functions as intended.

To learn more about the data collected by AIIA, visit: AIIA FOIA Series: Updated I-526E Inventory Statistics for July 2025