On September 16, 2025, the US Department of State (DoS), in coordination with US Citizenship and Immigration Services (USCIS), has announced that all available immigrant visas in the Employment-Based Fifth Preference (EB-5) Unreserved category have been issued for fiscal year (FY) 2025.
Under the Immigration and Nationality Act (INA) §203(b)(5), EB-5 visas account for 7.1% of the worldwide employment-based visa allocation, with 68% designated for unreserved categories. Additionally, the EB-5 Reform and Integrity Act of 2022 allows unused reserved visas from FY 2023 to be reallocated to the unreserved pool for FY 2025.
What This Means for Applicants
- No EB-5 unreserved visas will be issued for the remainder of FY 2025.
- Visa issuance will resume on October 1, 2025, when FY 2026 begins and new visa numbers become available.
- Applicants with pending EB-5 unreserved cases may experience delays and should consult with their legal representatives for updated timelines.
EB-5 Unreserved Category Overview
The EB-5 visa program provides a pathway to US permanent residence for foreign investors who contribute to job creation through qualifying investments. The unreserved category includes visa types such as C5, T5, I5, R5, RU, and NU, which are not subject to targeted employment area (TEA) or rural area set-asides.
This development follows similar announcements for the EB-1, EB-2, EB-3 & EW categories, which have also reached their respective annual limits for FY 2025.
Erickson Insights & Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.