What EB-5 Investors Need to Know Before the Closure of Fiscal Year 2025

As September approaches, the U.S. immigration system faces a critical countdown. The end of the federal fiscal year on September 30, 2025, marks a significant juncture for EB-5 investors. Each year, unused visa numbers expire, and visa processing timelines, cutoff dates, and country-specific allocations can shift substantially once a new fiscal year begins.
The August 2025 Visa Bulletin demonstrated rare movement for historically backlog-heavy countries such as India and China. Meanwhile, rural EB-5 investment categories continue to enjoy faster processing times and greater predictability. With only weeks remaining in FY2025, the key question is: who will secure their visas before the window closes—and who will face delays into future years?
Current Visa Bulletin Highlights
Set-aside EB-5 categories—including Rural, Hawaii Foreign Affairs (HUA), and Infrastructure Projects—are currently current for all countries, including China and India. These visas are moving swiftly, with straightforward processing and no waiting line. For investors contemplating filing, this presents one of the most advantageous windows of opportunity.
What’s Slowing Down—and What Might Worsen
Not all employment-based categories are progressing at the same pace. In fact, many are stagnating or regressing:
EB-2 (All Countries): Retrogressed to September 1, 2023, and may soon become unavailable.
EB-3 India: Only advanced slightly to May 22, 2013, with no indication of acceleration.
Other EB-5 Categories: Remain static or experience slow movement, especially for countries without set-aside categories.
These trends reflect increasing pressure on the system as USCIS and the Department of State allocate the remaining FY2025 visas.
Factors Influencing the Current Landscape
Several key developments are shaping the EB-5 environment:
Rolling Over Unused Family-Based Visas: These are temporarily augmenting the supply in employment-based categories.
Priority Processing for Rural EB-5 Projects: Rural filings are being adjudicated at rates up to 13 times higher than urban projects.
Reform and Integrity Act (RIA): This legislation has contributed to more consistent, higher-quality petitions, resulting in increased approval rates.
Rising Investor Demand: Countries with backlog issues, such as India, Vietnam, and China, are seeing heightened activity.
The overall message is clear: EB-5 is an evolving, dynamic system that is accelerating in some areas.
Why Timing Matters: The October 1 Reset
Each October 1, the visa allocation resets, and unutilized EB-5 visas from FY2025 are relinquished. The subsequent fiscal year sees new caps and potentially:
Retrogression, if demand exceeds supply.
Increased Uncertainty, especially in unreserved categories.
Potential New Delays, as agencies adjust processing priorities and allocations.
This highlights the importance of timing. Filing before September 30—particularly for investors with current priority dates or eligibility under set-aside categories—is crucial to maximizing their chances.
Strategies for Potential Filers
Select Projects with Approved I-956F: This pre-approval expedites the petition process.
Prioritize Rural Projects: They currently benefit from current status, faster processing, and lower risk.
Act Promptly: Delays of even a few weeks could mean missing out on the FY2025 visa pool entirely.
Insights from USCIS Data
Recent internal data reveals that nearly 27% of rural I-526E petitions were adjudicated between early 2023 and 2025, compared to less than 2% for urban projects. This underscores USCIS’s commitment to the priority processing mandated by RIA. Furthermore, I-526E approval rates have improved, reflecting stabilized adjudications and increased investor confidence under reform measures.
Conclusion
As FY2025 draws to a close, understanding the shifting visa landscape and acting promptly are essential for EB-5 investors seeking to maximize their opportunities. Consulting with experienced legal counsel and planning your immigration strategy accordingly can make all the difference in securing your desired visa before the deadline.