FY 2025 EB-5 UNRESERVED VISA CAP REACHED; NEW ALLOCATION IN EFFECT FOR FY 2026

On September 16, 2025, the U.S. Department of State (DOS), working with U.S. Citizenship and Immigration Services (USCIS), confirmed that all immigrant visas available under the Employment-Based Fifth Preference (EB-5) unreserved category were issued for fiscal year 2025.

Program OverviewUnder INA § 203(b)(5), EB-5 immigrant visas are limited to 7.1% of the total annual employment-based quota. Of that amount, 68% is designated for “unreserved” categories—those not set aside for rural, high-unemployment, or infrastructure investments (C5, T5, I5, R5, RU, NU).

The FY 2025 total also included carryover visas from FY 2023 made available under the EB-5 Reform and Integrity Act of 2022 (RIA). With those now fully allocated, the FY 2025 unreserved cap has been reached.

Operational Impact

• Consular Suspension: U.S. embassies and consulates temporarily paused EB-5 unreserved visa issuance for the remainder of FY 2025.

• FY 2026 Reset: The new annual visa quota took effect October 1, 2025, and consular processing has resumed for qualified investors whose priority dates are current.

Why This MattersThe full use of FY 2025’s EB-5 unreserved quota underscores strong and sustained investor demand, especially for projects outside the reserved (rural, high-unemployment, and infrastructure) set-aside categories.

• Investors awaiting interviews or approvals during the pause period should now see case movement as FY 2026 visa numbers become available.

• Projects qualifying under reserved categories remain relatively advantageous, with shorter queues and lower demand compared to unreserved visas.

Williams Global Law continues to advise EB-5 investors and regional centers on evolving program developments, visa bulletin movements, and consular processing updates. To assess how these changes may affect your pending or upcoming EB-5 filing, schedule a consultation with an attorney at Williams Global Law using this link: Schedule a consultation.