Short answer: mainland China-born investors face a clear backlog in the unreserved EB-5 category. The set-asides created by the 2022 reform — 20% rural, 10% high unemployment and 2% infrastructure — are counted separately and are the main way to plan around it.
Why the backlog exists
Employment-based numbers have per-country caps based on birthplace. Mainland-born investors have long made up a large share of EB-5 demand, lengthening the unreserved wait.
Three ways to plan
| Option | How | Watch for |
|---|---|---|
| Set-aside projects | Invest in a rural or high-unemployment TEA | Set-asides can also back up with demand |
| A spouse’s birthplace | A spouse born in Hong Kong, Taiwan or elsewhere can change chargeability | Spouse’s birth certificate needed |
| Children’s ages | Use CSPA to calculate ages | File early if a child is close to 21 |
Comparing set-asides
- Rural: the largest reserve and priority processing, but more remote locations need closer business review.
- High unemployment: mostly urban, with fewer numbers.
- Infrastructure: the smallest reserve and more limited project types.
Our advice
Mainland-born families should generally compare set-aside projects first, while checking a spouse’s birthplace and children’s ages. The bulletin changes monthly, so confirm before filing. See US EB-5 Investor Immigration. As of October 2026.
