This article is the fourth in our five-part series breaking down CanAm’s recent webinar, Navigating EB-5 Visa Backlogs in 2025. Earlier in the series, we covered:
- Part 1: The surge in EB-5 demand and why backlogs are inevitable.
- Part 2: How visa allocation works and why nationality matters.
- Part 3: The benefits of concurrent filing and the importance of the 2026 grandfathering deadline.
Now in Part 4, we turn to one of the most common investor questions: Should I choose a rural project or a high-unemployment project? Miller Mayer Partner Nikolai Hinrichsen explained why the answer depends less on the category itself and more on the individual circumstances of each investor.
The Rural Advantage
The EB-5 Reform and Integrity Act (RIA) of 2022 created visa set-asides for rural and high-unemployment projects. Rural projects, however, carry additional advantages:
- Priority processing of I-526E petitions
- More visas allocated annually than high-unemployment projects
This often means a faster path to approval at the petition stage—and potentially less stress for families watching the backlog grow.
As Hinrichsen noted:
“There’s a psychological benefit to actually having the I-526 be approved, as it certainly will be in a rural category. That certainty can be very important.”
The Case for High-Unemployment Projects
On the other hand, high-unemployment projects can be financially attractive. They often align with large-scale urban developments, sometimes offering investors greater comfort in the economic fundamentals.
Some families may prioritize project feasibility and risk profile over processing speed. As Hinrichsen explained, the right choice depends on what each investor values most: immigration timing or project economics.
Family Circumstances Matter Most
Hinrichsen emphasized that category selection should be tailored to each family’s situation:
- Children’s ages – Families facing potential “age-out” issues may lean rural for faster approvals.
- Location – Whether the investor is already in the U.S. (and eligible for concurrent filing) versus applying abroad changes the analysis.
- Cross-chargeability – A spouse’s country of birth can shift visa availability and influence the better category choice.
He explained:
“This has become a very personalized process. Each investor has different personal circumstances, and project choice should align with their immigration goals as well as financial considerations.”
Switching Categories: Is It Possible?
A question that frequently arises is whether investors can change categories later in the process.
- At the National Visa Center (NVC) stage – Yes, applicants may be able to switch between eligible categories.
- During adjustment of status with USCIS – No clear mechanism currently exists, creating uncertainty for those who filed under one set-aside but might prefer another later.
This flexibility—limited as it is—adds another layer of strategy to the decision-making process.
Key Takeaways from Part 4
- Rural projects offer faster petition approvals and more visas, giving families certainty and priority.
- High-unemployment projects may provide stronger financial fundamentals, appealing to risk-conscious investors.
- Family circumstances—age of children, country of chargeability, and whether the family is in the U.S.—should guide decisions.
- Switching categories is possible at the NVC stage, but not during U.S.-based adjustment of status.
Download the Full White Paper
For a deeper dive into visa availability, backlog projections, and strategic investor considerations, CanAm commissioned EB-5 analyst Suzanne Lazicki to author a comprehensive white paper. This resource expands on the data and themes discussed in the webinar and provides critical context for families evaluating the EB-5 program today.
