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Published Date: August 8, 2025
We have been fortunate to offer our services directly to EB-5 investors worldwide, who have approached us with diverse expectations, inquiries, and concerns. Even though the EB-5 program guarantees a US green card, the process can be overwhelming without proper consultants and dedicated supporters.
That is the very reason we are coming up with this 5-part series: to first clarify the major hurdles and frequently asked questions we encounter from EB-5 investors and then to provide real, experience-based guidance on how they can successfully navigate them.
Please find below the five most important topics we plan to discuss:
- USCIS Delays and Retrogression
- Sophistication of Source-of-Funds Documentation
- Risk of Project and Job Creation Mandates
- Policy Evolutions and Regulatory Adjustments
- Fraud and Mismanagement in the Industry
Whether you just started exploring the EB-5 program or are already in the process, our goal is to make the process easier for you by providing informative content and clear direction.
Thank you for being a part of this. This series is an essential tool for you or anyone considering the EB-5 process.
Now let’s move on with the first part:
EB-5 Backlogs: A Narrative on How to Avoid Delays with the Right Project
EB-5 backlogs have emerged as one of the most pressing issues for investors seeking US residency through the Immigrant Investor EB-5 Program. As we have seen, one of the most frustrating challenges for investors is waiting years for green card approvals, even after they’ve invested all of the required capital.
If you’ve been exploring EB-5 as a residency option, you’ve most likely heard of Visa Retrogression or delays from USCIS. But what exactly is an EB-5 backlogs, and above all, how do you avoid them?
In this article, we have explained the primary causes of EB-5 backlogs, provided advice to shorten your timeline, and stressed the importance of selecting a safe pre-approved EB-5 project.
What Causes EB-5 Backlogs and Retrogression?
Annual Visa Country Caps and Limits
The US government sets a cap on the total number of employment-based green cards issued each fiscal year, including EB-5 investor program visas. The EB-5 visa cap is 10,000+ per year, split among qualifying countries. Each country can get up to 7.1% unless there are extra visas to spare, and other countries can then use those visas.
When high demand for EB-5 Investment Visas exceeds the allocation limit, nations such as India and China, which have more EB-5 Visa applications than are available, experience delays. Simply put, EB-5 backlogs occur when good candidates exceed available visas.
However, the EB-5 Reform and Integrity Act of 2022 introduced a Reserved Visa Category, allocating 32% of EB visas to specific investments: 20% for rural areas, 10% for high-unemployment regions, and 2% for infrastructure projects. These categories are currently listed as current in the US Department of State’s Visa Bulletin, meaning there is no waiting list for investors.
How EB-5 Backlogs Truly Affect Foreign Investors
Based on our experience, this waiting list can delay the opportunity for a conditional green card, affecting investors’ plans in various ways —from the timing of their family’s move to the US for those abroad to their children’s education and career plans for those already residing in the US. In some cases, EB-5 investors have been forced to wait 5–10 years before they can be considered for EB-5 visa approval. However, recent developments offer optimism for those seeking EB-5 as a way to obtain permanent residency in the US.
Moreover, making smart moves, such as selecting a pre-approved project and keeping a complete record of your funds, can significantly help you minimize wait time.
You can monitor current waiting times through the U S Department of State Visa Bulletin or the USCIS EB-5 Questions and Answers section on uscis.gov.
Navigating EB-5 Backlogs & Expediting Your Green Card Process
While individual investors cannot modify the government-required available visas, they can undoubtedly influence how efficiently their cases are processed. A proactive approach to selecting EB-5 regional center projects will not only reduce wait times but also ensure that EB-5 backlogs do not lead to misunderstandings.
- Choose an EB-5 Project that is Pre-Approved and Compliant
An EB-5 project that has been pre-approved and issued a USCIS I-956 compliance letter for its Regional Center is a significant advantage for new EB-5 investors. Pre-approved EB-5 projects have undergone multiple levels of government scrutiny. They can make the process easier by reducing USCIS follow-ups. Still, they do not guarantee shorter wait times or faster approvals.
- Take Advantage of the USCIS Concurrent Filing Rule
The USCIS EB-5 Reform and Integrity Act of 2022 (link) has led to recent changes to the existing EB-5 rules that have broadened them. Hence, the prospective EB-5 investors, such as Indian nationals currently residing in the US, can submit an EB-5 petition (Form I-526E) together with an Adjustment of Status (Form I-485) application. The simultaneous filing procedure signifies that the new EB-5 investor may be granted Employment Authorization (EAD) and Advance Parole (AP) travel documents within several months. The time limit depends on USCIS’s workload and has no set window.
- Bridge Financing and Creation of Jobs – Application to the Canopy by Hilton Project
At Canopy by Hilton – Minneapolis Mill District, Sherman Associates used short-term bridge financing as a preemptive strategy before EB-5 capital was available, enabling the project’s prompt delivery. Owing to this strategic initiative, operations ran smoothly and complied with USCIS guidelines for job creation. (The jobs created using the bridge loan still count towards the USCIS job creation requirement when the EB-5 capital eventually replaces the temporary bridge loan.)
Once the project is operational and begin generating revenue, the bridge loan is repaid with EB-5 capital, and all EB-5 positions were verified in accordance with the program’s requirements. This is a classic illustration of how careful planning and compliance can be achieved through bridge finance.
This approach enhances investors’ confidence in the project and its compliance with USCIS guidelines. Moreover, under USCIS regulations, even if one out of four investors is hypothetically rejected, the remaining three will still be counted in the same category, since each investor is considered individually. Therefore, given that this project is already complete and compliant, the likelihood of investor rejection is virtually nonexistent.
Case Study: The Canopy by Hilton – Minneapolis Mill District EB-5 Project
At International Creative Capital (ICC), selecting the right project is key to overcoming EB-5 backlogs and receiving green card approvals more quickly. The Canopy by Hilton – Minneapolis Mill District EB-5 project is a representative of a well-defined, compliant, and investor-ready opportunity.
USCIS-Approved, Investor approved and Fully Compliant
According ICC, its regional center has filed Form I-956, and the project has received numerous I-526E approvals from investors. These facts suggest that the Canopy by Hilton project has received compliance approval and qualifies USCIS eligibility criteria for EB-5 investors. We advise any investors to request copies of the official USCIS approval notices to verify compliance.
Speedier Approval Timeframe
Our current investors in the project are on track to receive EB-5 approvals in 12-36 months, which is far less than the more typical 5-year or more industry time. The project demonstrates compliance with industry norms, offers an advantage through comprehensive documentation, and provides straightforward job creation data. All this contributes to a 100% approval rate for petitions.
Concurrent Filing Ready
Canopy by Hilton EB-5 project supports concurrent filing, so qualified investors can file for EAD and AP applications within a few months of filing, reducing the actual impact of EB-5 backlogs on pending final decisions.
Built and Operational, Created Jobs
The Canopy by Hilton hotel, developed by Sherman Associates, is entirely constructed and operational, and is already surpassing initial job-creation estimates compared to other ongoing pre-construction projects. This concrete progress provides the additional layer of assurance, transparency, and dependability many EB-5 investors desire.
Why It’s Beneficial to Select the Right Project
A proven Regional Center, like ICC, helps you to minimize the potential delays in EB-5 processing and adjudication due to the following reasons:
– USCIS Compliance: Pre-approved documentation leads to a smooth process and reduces regulatory obstacles.
– Reduced Risk: Completed construction and verified job creation give a sense of certainty for the investors.
– On-time schedules: Documented performance helps the USCIS review the EB-5 petition.
– Trustworthy: Tracking of funds, routine updates, and open communication build confidence and promote transparency.
An organized project does not simply protect your investment; it protects your time.
How to Avoid EB-5 Backlogs
- Verify Regional Center Credentials
Always check the project’s regional center for up-to-date I-956 approval and a strong compliance history. This way, you can avoid delays caused by issues with the regional center.
- Collaborate with qualified EB-5 professionals.
Partner with a recognized EB-5 Regional Center, such as International Creative Capital (ICC), and with immigration lawyers who are well-versed in drafting complete applications that meet USCIS standards.
- Always be on the lookout for USCIS announcements and the Visa Bulletin updates
Trace the processing trends along with the significant advancements in priority dates. The Visa Bulletin and USCIS processing time tracker are excellent sources of real-time estimates that investors can use to evaluate potential retrogression periods.
- Keep a Record of Source of Funds
Lack of financial record-keeping is one of the most cited reasons for EB-5 delays; ICC helps you to ensure all financial records are complete, traceable, and ready for filing to avoid delays.
Frequently Asked Questions Regarding EB-5 Backlogs
What is the EB-5 backlog, & What causes it?
EB-5 backlogs are delays in processing visas that occur when the number of applicants exceeds the number of available visas allocated yearly by the US Department. The visa backlogs result in extended wait times for green card issuance.
How long is the EB-5 visa backlog?
The backlog depends on the country. Chinese and Indian investors, for instance, have multi-year backlogs, while others are “current” and can be approved faster.
Can concurrent filing prevent EB-5 visa backlogs?
Concurrent filing does not eliminate wait time completely. Still, it allows existing US investors to obtain work and travel authorization. At the same time, the EB-5 case is being processed by the State Department, effectively bypassing part of the wait.
What projects have made the EB-5 process fa
Projects like Canopy by Hilton: Minneapolis Mill District, owned by prior USCIS approvals and entirely built (not just approved) with certified job creations to tackle the high unemployment, cut adjudication, and minimize EB-5 backlog.
Final Thoughts: Overcoming the EB-5 Backlogs with the Right Partner
Your journey to an EB-5 visa and residency in the US is dependent not just on your investment capital, but also on the strength/credibility of the EB-5 project you select to invest in. If you have an option with a good USCIS-approved project where your capital is in safe hands, working with a credible regional center such as International Creative Capital (ICC) can reduce the impact of EB-5 backlogs and significantly shorten your immigration timeline.
The Canopy by Hilton: Minneapolis Mill District EB-5 project is a unique, safe, transparent, and effective EB-5 immigrant investor program for urban and rural investors who want a combination of a reduced immigration timeline to the US and reduced anxiety.