All rights reserved by International Creative Capital (ICC) – ICC teams have 15 years of EB-5 experience and expertise
Published Date: August 8, 2025
It has been a privilege to work closely with EB-5 investors worldwide; each has their own unique set of goals, questions, and issues. Although the EB-5 program is an excellent route to permanent residence in America, with the wrong partners and poor advice, the application process can be challenging.
That is why we created a five-part guide to provide practical, experience-based advice on navigating the most common issues and challenges EB-5 investors face in seeking their green card.
Please find below five important topics we discuss in this guide:
Whether you just started exploring the EB-5 program or are already in the process, International Creative Capital’s (ICC) goal is to make the process easier for you by providing informative content and clear direction.
Part 1: USCIS Backlogs and Retrogression
EB-5 backlogs have emerged as one of the most pressing issues for investors seeking US residency through the Immigrant Investor EB-5 Program. 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.
In part one of this guide, we will explain the primary causes of EB-5 backlogs, explain 🔗USCIS Visa Retrogression, provide guidance to shorten your timeline, and stress 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 approximately 10,000+ per year, split among qualifying countries. Each country can receive up to 7% unless there are extra visas to spare, and other countries can then use those visas.
When 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, also known as retrogression. Simply put, EB-5 retrogression and backlogs occur when qualified candidates exceed available visas and the investors’ priority dates, or when your place in line moves backward.
However, the EB-5 Reform and Integrity Act of 2022 (RIA) introduced a Reserved Visa Category, allocating 32% of EB-5 visas to specific investments in Targeted Employment Areas (TEA): 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. 🔗USCIS
How EB-5 Backlogs and Retrogression 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 if their petition was filed before RIA 2022 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.
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
EB-5 backlogs can occur when USCIS is unable to process all EB-5 visa applications submitted for approval. However, taking a proactive approach to selecting the right EB-5 regional center projects can undoubtedly influence how efficiently your case is processed. This approach will not only reduce wait times but also help minimize EB-5 backlogs. Based on our experience with pre-approved projects, we have found that USCIS does not process applications on a first-in, first-out basis; instead, they process them on a first-in, easiest-out basis. If a project has been pre-approved and has approved investors, all they need to do is vet the investor, making the process much quicker and resulting in faster approvals.
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- Choose an EB-5 Project that is Pre-Approved and USCIS Compliant
Choosing a Regional Center that has I-956 approval and multiple I-526E investor approvals confirms full compliance with USCIS standards. Investors working with ICC have been receiving faster approvals since the current project has undergone numerous levels of government scrutiny, which has expedited the process. - Take Advantage of the USCIS Concurrent Filing Rule
The USCIS EB-5 Reform and Integrity Act of 2022 has led to recent changes to the existing EB-5 rules that have broadened them. Prospective EB-5 investors, 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. - Bridge Financing and Creation of Jobs
Many have asked: How can job creation be counted when using Bridge Financing to complete an EB-5 project, and how is it still considered a new commercial enterprise once the project is completed? This is addressed in the 🔗 USCIS EB-5 Policy Manual. USCIS states that if a project starts on bridge financing before receiving immigrant investor capital and then replaces that financing with immigrant investor capital, “the new commercial enterprise may still receive credit for the job creation under the regulations” (USCIS). What does this mean to you as an investor, SECURITY! Job Creation has been met in a new commercial enterprise, and the EB-5 project has been completed.
- Choose an EB-5 Project that is Pre-Approved and USCIS Compliant
Case Study: The Canopy by Hilton – Minneapolis Mill District EB-5 Project
At 🔗 Canopy by Hilton – Minneapolis Mill District, 🔗 Sherman Associates and ICC have incorporated the Bridge Financing strategy, enabling the developer to meet all USCIS job-creation requirements for a new commercial enterprise. Over 600 jobs were created (300% above USCIS requirements). The hotel is now complete, operational, and a revenue-generating asset, further protecting the investor.
Importantly, the hotel has already approved investors and applied their EB-5 investor funds to pay down the bridge loan, creating a stable, low-risk opportunity. Each new investor’s EB-5 investment capital also goes toward replacing the bridge loan. Out of 13 total EB-5 investor slots, only five remain available to invest in a project that is already constructed, has created jobs, and has a capital structure that protects them.
USCIS-Approved Project
At 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 completed hotel that has already created over 616 jobs (300% above USCIS requirements) in a new commercial enterprise, representing a well-defined, fully compliant, and investor-ready opportunity.
USCIS Approved Regional Center & Expedited Approvals
International Creative Capital is an I-956 approved 🔗USCIS EB-5 Immigrant Regional Center (RC2300002191). The Canopy by Hilton project has already received numerous I-526E approvals from multiple investors. These facts suggest that the Canopy by Hilton project has received expedited approval under USCIS’s EB-5 eligibility criteria for EB-5 investors. We advise investors to request copies of the official USCIS approval notices to verify compliance. ICC is proud to maintain a 100% approval rate on all I-526 and I-829 petitions for over 15 years.
Faster Approval Timeframe
Our most recent investors in the Canopy by Hilton project are on track to receive EB-5 approvals in less than 24 months, well below the typical 5-year or more industry timeline. 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
The Canopy by Hilton EB-5 project supports concurrent filing, so qualified investors can file for EAD and AP applications at the same time and receive approval within less than three 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 has already created over 600 jobs (300% above USCIS requirements) 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 streamlines the process and reduces regulatory obstacles.
Reduced Risk: Completed construction and verified job creation provide investors with a sense of certainty.
On-Time Schedules: Documented performance helps the USCIS review the EB-5 petition.
Trustworthy: Fund Tracking, 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?
1. 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.
2. 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.
3. Always be on the Lookout for USCIS Announcements and 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. ICC will guide you through this process.
4. Keep a Record of the 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 & Retrogression
1. What is EB-5 Retrogression, & What causes it?
Retrogression occurs when the visa cut-off date moves back rather than progressing, rather than the priority date advancing. This means fewer people are eligible that month, even if they were eligible before. Retrogression typically occurs when visa numbers are exhausted faster than expected—often near the end of the U.S. fiscal year. When this occurs, applicants who planned to file their visa or adjustment of status may have to wait until the dates move forward again. Retrogression does not cancel approved cases or affect visas that have already been issued, but it can temporarily delay interviews or filings. While unreserved categories for China and India are most often affected, set-aside categories (such as rural, high-unemployment, and infrastructure) are more protected but could face retrogression if demand increases.
2. What is a Visa Backlog?
A backlog happens when there are more applicants from a country than the number of visas available for that year. Because the U.S. limits how many visas each country can receive, applicants are placed in a waiting line once the limit is reached. When a backlog exists, the Visa Bulletin will show a cut-off date, meaning only people who filed before that date can move forward with their visa or adjustment of status. If your country is “current,” there is no backlog. A backlog does not erase your place in line; it only means you must wait until your filing date becomes eligible. This can extend the time before you and your family can move, work, or study in the United States. Investors from high-demand countries, especially China and India, experience backlogs most often in the unreserved EB-5 category, while set-aside categories like rural or high-unemployment are current.
3. How long is the EB-5 visa backlog?
If you invest in a Targeted Employment Area (TEA) project, your case falls under the Reserved Visa Categories created by the RIA. These reserved categories are current for all countries, meaning visas are available right away. For the most accurate and updated information, you can review the U.S. Department of State Visa Bulletin, which publishes monthly visa availability for EB-5 investors. 🔗USCIS Waiting Time
4. Can concurrent filing prevent EB-5 visa backlogs?
Concurrent filing does not eliminate wait time; however, it allows existing US investors to obtain work and travel authorization while the State Department processes the EB-5 case, enabling the investor to live, travel, and work freely in the U.S.
5. What projects have made the EB-5 process fast?
Projects like Canopy by Hilton: Minneapolis Mill District, having received expedited approvals from USCIS and already been built (not just approved), with certified job creation, to tackle high unemployment, cut adjudication, and minimize the 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 investors who want a combination of a shorter immigration timeline to the US and reduced uncertainty.
Reach out to us directly, and we will start your journey together – 🔗 Contact us
In case, you missed earlier parts of this series, you can catch up here:
- 🔗 Complexity of Source-of-Funds Documentation
- 🔗 Project Risk and Job Creation Requirements
- 🔗 Policy Changes and Regulatory Shifts
- 🔗 Fraud and Mismanagement in the Industry
Reference:
🔗 USCIS Website
🔗 USCIS EB-5 Immigrant Regional Center (RC2300002191)
🔗 USCIS EB-5 Questions and Answers
🔗 USCIS EB-5 Policy Manual
🔗 US Department of State Visa Bulletin
🔗 USCIS Processing Time Tracker
🔗 USCIS Waiting Time