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Programme guides · US EB-5 Investor Immigration

Do Hong Kong-Born EB-5 Investors Face a Backlog? The Advantage of Separate Chargeability

Written by Global Immigrate consultants · Reviewed by Oscar Yip, Founder & Managing Director

Summary

US visa numbers are counted by place of birth, and Hong Kong is counted separately from mainland China, so Hong Kong-born investors are generally not affected by the mainland EB-5 backlog. We explain the rule, how a spouse’s birthplace can help, and what to check first.

Short answer: US visa numbers are counted by place of birth, and Hong Kong is counted separately from mainland China. Hong Kong-born EB-5 investors are generally not affected by the mainland backlog and follow the Hong Kong line of each month’s Visa Bulletin.

Why birthplace matters

Employment-based green cards have per-country limits based on birthplace, not nationality. Heavy demand from mainland China and India has created an EB-5 backlog in the unreserved category; Hong Kong is counted on its own under US law and has far lower demand.

Birthplace Counted under Usual position
Hong Kong Hong Kong Generally no wait
Taiwan Taiwan Generally no wait
Mainland China Mainland China Unreserved backlog; set-asides counted separately

Does another passport matter?

Generally not. Even with a BN(O), Canadian or other passport, numbers follow your birthplace. A mainland-born Hong Kong resident is generally counted under mainland China.

A spouse’s birthplace can help

If the main applicant was born in the mainland and the spouse in Hong Kong, the family can generally be counted under the spouse’s birthplace (cross-chargeability).

Check before applying

  1. Birth certificates for the applicant and spouse.
  2. The Hong Kong line of the current Visa Bulletin.
  3. Children’s ages, with CSPA planning if needed.

See US EB-5 Investor Immigration. Information as of October 2026; the bulletin can change monthly.

FAQ

Do Hong Kong-born investors face an EB-5 wait?

Generally no — Hong Kong is counted separately from mainland China.

Does a British or Canadian passport change this?

Generally not; numbers follow birthplace.

Can a mainland-born investor use a Hong Kong-born spouse?

Generally yes, through cross-chargeability.

Sources

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