Rural, high-unemployment and infrastructure set-aside visas explained
How the 20% rural, 10% high-unemployment and 2% infrastructure EB-5 set-asides work, what TEA means, and why project location matters at filing.
Since the Reform and Integrity Act of 2022, EB-5 visas are no longer a single pool. A share of the annual supply is reserved for investments in particular kinds of projects. For families from countries with long queues in the unreserved category, this has become one of the most important structural features of the program, and it is also one of the easiest to misunderstand.
The three set-asides
| Set-aside | Share of annual EB-5 visas | What the project must be |
|---|---|---|
| Rural | 20% | Located in a rural area as defined by the statute |
| High-unemployment | 10% | Located in a TEA with a high unemployment rate |
| Infrastructure | 2% | A qualifying infrastructure project |
Investments in a targeted employment area (TEA) qualify for the lower minimum of $800,000; other investments require $1,050,000 (both as of October 2026). Both amounts adjust for inflation on January 1, 2027; see our article on the 2027 increase.
What counts as rural or high-unemployment
In general terms, a rural area is one outside a metropolitan statistical area and outside a city or town with a population of 20,000 or more. A high-unemployment area is one where the unemployment rate is at least 150% of the national average. These are summaries only. The precise tests, including how adjacent census tracts may be combined, are set out in the statute and regulations, and they are applied to the project's actual location.
That last point matters. The TEA designation belongs to the project's location, not to the investor. A project cannot become rural or high-unemployment by describing itself that way; there must be a government-recognised determination that is in place when the petition is filed. Ask to see the basis for the designation and have counsel check it.
Why the set-asides matter now
As of the October 2026 Visa Bulletin, the set-aside categories are shown as current, meaning a visa is available as soon as the petition is approved, whereas the unreserved category for China has a final action date of December 1, 2016. India's is December 1, 2023. For a Chinese-born applicant, that gap can be the difference between waiting for a visa and not waiting. Bulletins change every month, so treat these as a snapshot, not a forecast.
Rural projects have a second feature: the law directs USCIS to process I-526E petitions for rural projects ahead of others. That is a priority in the order of processing. It does not guarantee approval or any particular timeline.
Points to weigh
- Category and project quality are separate questions. A project can be in the right category and still be a weak investment. Read the risk page and the due diligence guide alongside this article.
- Check the job-creation basis as well. The TEA status affects the investment amount and visa category; the 10 full-time jobs per investor must still be supported.
- Visa availability can change. Demand in the set-aside categories may grow, and Congress or DHS may act. Do not plan around current dates alone.
- Regional Center authorization. Authorization currently runs to September 30, 2027, and petitions filed after September 30, 2026 are not grandfathered. See the grandfathering article.
- Project criteria. Our project criteria page lists what we look for.
Amounts and dates in this article are as of October 2026 and should be confirmed with counsel before you act.
Next step
If you would like to discuss which category fits your situation, you can use our consultation page.
Frequently asked questions
What is a TEA in EB-5?
A targeted employment area is a rural area or an area of high unemployment. A qualifying investment in a TEA allows the lower minimum amount. Whether a project qualifies depends on its location and on the determination made for it, so confirm this with counsel.
Do rural projects get faster processing?
By law, USCIS is directed to process I-526E petitions for rural projects ahead of others. This is a priority in processing order, not a promise of any particular timeline or outcome.
Can I move to a different set-aside category later?
The TEA status of a project is tied to its location and the determination at the time of filing. Do not assume a petition can be re-categorised afterwards; confirm the position with counsel before investing.
Sources
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.