Attorney Marjan Kasra Supports AILA’s Urgent Request to Preserve EB5 Reserved Visas Before September 30, 2025
Attorney Marjan Kasra, a member of the AILA EB5 Interest Group, fully supports the July 22, 2025 letter submitted by the American Immigration Lawyers Association (AILA) to the U.S. Department of State. The letter urges immediate action to prevent the loss of thousands of unused EB5 immigrant visa numbers in the reserved visa categories before the end of Fiscal Year 2025.
According to the letter, the Immigration and Nationality Act limits the number of employment-based preference immigrant visas issued annually, with 7.1 percent of the worldwide employment limit allocated for EB5 investors. Of that amount, 32 percent is reserved for rural, high unemployment, and infrastructure projects. The letter explains that unused visa numbers in each reserved category are carried forward for one additional year, but any remaining visas are then released to the unreserved EB5 pool in the third year.
AILA highlights the troubling data from Fiscal Year 2023. According to the Department of State’s FY 2024 Annual Report, only 423 reserved EB5 visa numbers were used in FY 2023, representing just 5.1 percent of those available. As a result, over 2,460 reserved visas were lost, including more than 1,300 for rural areas, over 1,300 for high unemployment areas, and over 200 for infrastructure projects. AILA emphasizes that this loss contradicts clear congressional intent outlined in the EB5 Reform and Integrity Act of 2022, which prioritized processing in these specific categories.
In Fiscal Year 2025, a total of 7,066 visa numbers were allocated to the reserved categories. This figure includes 3,658 visas carried over from FY 2024 that went unused. However, as of May 31, 2025, the Department of State had issued only 568 of those reserved visas, leaving potentially more than 6,000 still available for use.
AILA respectfully urges the Department of State to reallocate its resources to identify and finalize the adjudication of all qualified immigrant visa applicants with approved Forms I-526E in reserved categories before the fiscal year ends on September 30, 2025. This would ensure that all statutorily allocated visa numbers are properly used within the fiscal year and fulfill congressional intent.
The letter underscores that the purpose of these reserved visa numbers is to promote economic development in underserved areas. Failure to adjudicate eligible cases not only undermines that purpose but also creates unnecessary hardship for investors and the U.S. communities relying on EB5 funding.
Attorney Kasra supports AILA’s request for prompt action on this time-sensitive issue. The loss of these visas would mean a loss of opportunity, not only for immigrant investors but also for the American communities counting on these investments. Proper adjudication and allocation of these reserved visa numbers are essential to the success of the EB5 program and the broader economic goals Congress intended.
If the Department of State acts in line with AILA’s recommendations, we could see a surge in adjudications of EB5 reserved category cases before the September 30, 2025 deadline. This would not only fulfill congressional intent but also bring long-awaited relief to qualified investors waiting in line.
