Reviewed by John Hu, Principal Consultant at John Hu Migration Consulting.
Visa availability reflects the October 2026 US Visa Bulletin. Check monthly updates and seek case-specific advice from a qualified attorney.
For US investor immigration (EB-5), the visa category shapes your wait as much as the project you choose. Under the October 2026 US Visa Bulletin, rural, high-unemployment and infrastructure set-asides are Current for all countries. Unreserved final action dates depend on birthplace: 1 December 2016 for China-mainland born applicants, 1 December 2023 for India-born applicants, and Current for the rest of the world.
1. The two categories
| Item | Set-aside | Unreserved |
|---|---|---|
| Covers | Rural, high-unemployment areas (HUA), and infrastructure | Other qualifying projects |
| October 2026 final action date | Current for all countries | China-mainland born: 1 December 2016; India-born: 1 December 2023; other countries: Current |
Check the investment threshold separately: the amount is generally US$800,000 for a qualifying targeted employment area (TEA) or designated infrastructure investment, versus US$1,050,000 at the standard non-TEA threshold. Visa category and investment threshold are distinct eligibility questions; confirm the project’s status. See USCIS guidance. Always use the monthly official Visa Bulletin for dates.
2. Why set-asides move faster
Under the 2022 EB-5 Reform and Integrity Act, part of the annual EB-5 visa supply is reserved for rural, high-unemployment and infrastructure projects. These categories have separate availability from unreserved visas. Even China-mainland born applicants may therefore avoid the current unreserved queue if they qualify for a set-aside. Current reflects this bulletin only and does not guarantee future availability.
3. How birthplace affects you
- The queue generally follows country of chargeability (birthplace), not current nationality.
- By Visa Bulletin convention, “China-mainland born” excludes Hong Kong and Taiwan; Hong Kong-born applicants are generally in the rest-of-world column.
- Cross-chargeability through a spouse may be possible in some cases.
- Have a qualified attorney confirm your individual position rather than self-assessing.
4. A set-aside is not automatically safer
- Check official documentation that the project qualifies as rural, high-unemployment or infrastructure.
- Investment risk, return-of-capital terms and project quality are separate from the visa category.
- Dates may change monthly. A Current date does not promise approval or an investment return.
5. Checklist for Hong Kong applicants
- Confirm your birthplace and your spouse’s birthplace.
- Check the project’s set-aside or unreserved category and applicable investment amount.
- Prepare source-of-funds evidence early.
- Review the US EB-5 investment immigration process and three timeline milestones.
JHM works with New York attorney Susan Akina on the legal aspects.
FAQ
When could set-aside dates build a backlog?
That depends on demand. All set-asides are Current in the October 2026 bulletin, with no guarantee for later months. Check each new bulletin.
Is a Hong Kong-born applicant treated like a China-mainland born applicant?
Generally not under Visa Bulletin convention, but an attorney should confirm the facts of your case.
Is the set-aside investment amount lower?
Qualifying TEA or designated infrastructure investments generally have a US$800,000 minimum, while the standard non-TEA threshold is US$1,050,000. Confirm visa availability and the applicable investment threshold separately.
For reference only; not legal or investment advice. Visa Bulletin dates, EB-5 law and fees may change. Outcomes and timing depend on the applicant, project and USCIS requirements. Consult a qualified attorney and tax adviser.
JHM has helped more than 6,000 families over 17 years. Hotline: (852) 3568 1436; WhatsApp: (852) 9178 8523. Request a free assessment.
Sources: US Department of State, October 2026 Visa Bulletin; USCIS EB-5 investment guidance. An attorney should confirm chargeability and project eligibility.