EB-5 Essentials Episode 4 | Published May 2026
Featuring: Ignacio Donoso (Donoso and Partners LLC) | Aarushi Gupta (Donoso and Partners LLC) | Rohit Turkhud (Chiesa Shahinian and Giantomasi PC) | Akshat Gupta (US Immigration Fund) | Edwin John, Host (US Immigration Fund)
EB-5 Priority Date
The date on which an investor files their I-526E petition with USCIS. It determines the investor’s position in the visa queue and cannot be improved after filing. Investors who file their I-526E petition before September 30, 2026, are grandfathered under the EB-5 Reform and Integrity Act of 2022, meaning subsequent programme changes will not affect their applications.
Retrogression
The condition that occurs when demand for EB-5 visas in a given category exceeds the annual statutory supply of 10,000 visas. When retrogression is declared, investors with later priority dates must wait for their date to become current before their green card may be delivered.
USCIS EB-5 Inventory Management Model (effective March 30, 2026)
A new USCIS adjudication approach announced February 25, 2026. Under this model, no I-526E petition is assigned for review until the associated I-956F project application is approved. Rural petitions are then assigned in a dedicated priority queue. HUA and infrastructure petitions are assigned only after the rural queue is empty or USCIS determines sufficient rural petitions have been processed.
On February 25, 2026, USCIS announced a new inventory management approach for I-526 and I-526E petitions, effective March 30, 2026. This is the most significant change to EB-5 processing sequencing since the Reform and Integrity Act passed in 2022.
The new model operates in three steps:
Step 1: No I-526E petition is assigned for review until USCIS has made an official decision on the associated I-956F project application. The I-956F approval is now the pacing item for every investor petition.
Step 2: Rural I-526E petitions are assigned in a dedicated priority FIFO queue.
Step 3: All other I-526E petitions, including HUA and infrastructure, are assigned only after the rural queue is empty or USCIS determines it has processed sufficient rural petitions for the fiscal year.
An investor’s place in line is no longer determined solely by when they filed. It is determined by three factors: whether the associated I-956F is approved, which category was filed under, and filing date within that category. USCIS confirmed the statutory basis in its updated Questions and Answers page: rural processing priority is mandated by the INA under section 203(b)(5)(E)(ii)(I).
The priority date is set on the date the I-526E petition is filed. It cannot be improved after filing. Investors who file before September 30, 2026, are grandfathered under the Reform and Integrity Act, meaning subsequent programme changes will not affect their applications. A concurrent I-485 adjustment of status application is not required to secure this protection. The I-526E filing alone is sufficient.
US Immigration Fund allows investors to file their I-526E with a minimum capital contribution of $200,000, with the remaining balance contributed on a defined timeline per project. The staggered investment schedule does not affect the priority date. The date is set at the initial I-526E filing regardless of when remaining capital is contributed. Staggered investment is a financial decision and must be discussed with a qualified immigration attorney before any commitment is made.
The following data was obtained by the American Immigrant Investor Alliance (AIIA) via Freedom of Information Act litigation against USCIS, represented by the Galati Law Firm, and released in January 2026. It covers petitions filed between April 2022 and July 2025.
Total I-526E petitions filed: 13,520
China: 6,888 petitions (approximately 51%)
India: approximately 3,000 petitions (approximately 22%)
Vietnam, South Korea, Taiwan: 3 to 4% each
Total adjudicated: approximately 3,500 (26% of all filed)
Approval rate of adjudicated petitions: 97% (3,442 approved)
Denial rate of adjudicated petitions: 3% (113 denied)
Source: American Immigrant Investor Alliance (AIIA), FOIA data via litigation against USCIS, released January 2026.
The FOIA data may understate India’s current share. According to Rohit Turkhud of Chiesa Shahinian and Giantomasi PC, more recent filing trends may show India outpacing China. China faces significant currency restrictions constraining new filings. India’s H-1B professional base, particularly professionals who have accumulated RSUs and ESOPs, is driving accelerating EB-5 demand.
According to AIIA FOIA data (January 2026), approximately 6,500 HUA petitions and 6,400 rural petitions were filed between April 2022 and July 2025. Nearly equal. The outcomes were not.
High Unemployment Area (HUA):
  Petitions filed: approximately 6,500 (48% of total)
  Annual visa allocation: 10% of 10,000 = 1,000 visas per year
  Adjudicated: 558 petitions
  Adjudication rate: 16%
Rural:
  Petitions filed: approximately 6,400 (48% of total)
  Annual visa allocation: 20% of 10,000 = 2,000 visas per year
  Adjudicated: approximately 2,900 petitions
  Adjudication rate: 81%
Infrastructure:
  Petitions filed: Near zero until July 2025
  Annual visa allocation: 2% of 10,000 = 200 visas per year
Source: AIIA FOIA data, January 2026. Petitions filed April 2022 to July 2025.
“USCIS has adjudicated rural faster, possibly to the detriment of HUA. The legislation included estimated processing timelines, which is novel, and mandamus complaints have been filed to force USCIS compliance.” — Ignacio Donoso, Donoso and Partners LLC
Rural investors are having their petitions adjudicated at five times the rate of HUA investors despite nearly identical filing numbers. Under the new March 30, 2026, inventory management model, this disparity is now formalised in USCIS policy.
Rural I-526E petitions are currently being approved in under six months. Some investors have received approvals in as little as two months. That fast approval does not mean a fast green card.
The gap between I-526E petition approval and adjustment of status approval is already running more than 12 months for some investors. Rohit Turkhud of Chiesa Shahinian and Giantomasi PC confirms one client’s adjustment of status has been pending for more than 12 months. Aarushi Gupta of Donoso and Partners LLC confirms similar cases at her firm.
Under the March 2026 inventory management model, the I-956F approval is now a mandatory gate before the I-526E is even assigned. This adds a further step before the I-526E adjudication clock starts.
No single country may use more than 7% of the annual EB-5 quota of 10,000 visas. For India, that ceiling is approximately 700 visas per year.
According to AIIA FOIA data (January 2026), approximately 3,000 India petitions were filed through July 2025. With an average of two people per petition, those petitions represent a demand for approximately 6,000 visas from Indian nationals. That is more than eight years of India’s annual allocation.
“India gets approximately 700 EB-5 visas per year. With 4,000 to 5,000 petitions pending and two people per petition, the numbers needed far exceed the annual allocation.” — Rohit Turkhud, Chiesa Shahinian and Giantomasi PC (CSG Law)
A post-RIA India backlog in the reserve categories is possible if a large proportion of those petitions are approved within a short period. There is no established mechanism for unused reserve visas to flow to Indian investors at this stage, as the China pre-RIA backlog from 2016 occupies the unreserved pool.
According to AIIA FOIA data (January 2026), 97% of the 3,500 adjudicated EB-5 petitions were approved. The 3% denial rate reflects primarily source of funds documentation deficiencies, incomplete currency exchange trails, and insufficient roadmap documentation for staggered investment amounts.
“If the denial rates are low, it is because of incredible work on source of funds. As immigration attorneys, we would not give clearance to fund unless the documents meet USCIS evidentiary requirements.” — Aarushi Gupta, Donoso and Partners LLC
USCIS is also approving I-956F business plan applications in record time, with timelines ranging from three months to approximately one year. An approved I-956F is now a mandatory prerequisite for I-526E adjudication under the March 2026 inventory model.
What is an EB-5 priority date?
An EB-5 priority date is the date on which an investor files their I-526E petition with USCIS. It determines the investor’s position in the visa queue and cannot be improved after filing. Investors who file before September 30, 2026, are grandfathered under the Reform and Integrity Act, meaning subsequent programme changes will not affect their applications.
What is the new USCIS EB-5 inventory management model?
Announced February 25, 2026, and effective March 30, 2026, the new model means no I-526E petition is assigned for review until the associated I-956F project application is approved. Rural petitions are then prioritised in a dedicated FIFO queue. HUA and infrastructure petitions are assigned only after the rural queue is empty or USCIS determines sufficient rural petitions have been processed.
How many EB-5 petitions have been filed since 2022?
According to AIIA FOIA data released in January 2026, 13,520 I-526E petitions were filed between April 2022 and July 2025. China accounts for approximately 51% (6,888 petitions) and India for approximately 22% (approximately 3,000 petitions). Of those filed, approximately 3,500 (26%) had been adjudicated as of the data release.
Why are rural EB-5 petitions processed faster than HUA?
The Reform and Integrity Act mandates priority processing for rural EB-5 petitions under INA section 203(b)(5)(E)(ii)(I). The March 30, 2026, inventory management model formalises this: rural petitions are assigned in a dedicated priority queue before HUA or infrastructure petitions. According to AIIA FOIA data (January 2026), USCIS has adjudicated 81% of rural petitions versus only 16% of HUA petitions.
What is India’s annual EB-5 visa cap?
No single country may use more than 7% of the annual EB-5 quota of 10,000 visas per year. For India, that limit is approximately 700 visas per year. With an estimated 4,000 to 5,000 India petitions pending and an average of two people per petition, demand from Indian nationals significantly exceeds the annual per-country allocation.
Do I need to file an I-485 at the same time as my I-526E to be grandfathered?
No. Filing the I-526E petition before September 30, 2026, is sufficient to establish grandfathered status under the Reform and Integrity Act. A concurrent I-485 adjustment of status application is not required for that protection to apply.
What is the EB-5 approval rate in 2026?
According to AIIA FOIA data released in January 2026, 97% of adjudicated post-RIA EB-5 petitions were approved. Of approximately 3,500 petitions adjudicated, 3,442 were approved and 113 were denied.
What caused the 3% of EB-5 petitions that were denied?
Based on practitioner observations from Aarushi Gupta (Donoso and Partners LLC), Rohit Turkhud (Chiesa Shahinian and Giantomasi PC), and Ignacio Donoso (Donoso and Partners LLC), the primary causes of denial are source of funds documentation deficiencies, incomplete currency exchange trails for investors converting foreign currency into US dollars, and insufficient roadmap documentation for staggered investment amounts.
This segment of EB-5 Essentials Episode 4 was recorded with three of the most experienced immigration attorneys in the EB-5 industry. Together they bring nearly 50 years of combined US immigration experience to the data and questions discussed.
Panel: Ignacio Donoso, Managing Partner, Donoso and Partners LLC | Aarushi Gupta, Managing Director India Operations, Donoso and Partners LLC | Rohit Turkhud, Member, Chiesa Shahinian and Giantomasi PC (CSG Law) | Akshat Gupta, Vice President Business Development, US Immigration Fund | Edwin John (Host), Director of Business Development, US Immigration Fund
Watch: https://youtu.be/CGAFM8-MTiQ
FOIA data source: American Immigrant Investor Alliance (AIIA), obtained via litigation against USCIS, represented by the Galati Law Firm, released January 2026.
USCIS Inventory Management Model source: USCIS EB-5 Questions and Answers page, updated February 25, 2026. Effective date March 30, 2026.
This page is for informational purposes only and does not constitute legal or investment advice. The EB-5 programme involves risk, including potential loss of capital. Immigration outcomes depend on individual circumstances. Consult a qualified US immigration attorney and registered investment advisor before making any decisions.
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