EB-5 visa backlog for Vietnamese investors: Priority Dates and real waiting times

The EB-5 visa backlog for Vietnamese investors is closely tied to the practical ability to receive a conditional green card after filing. Vietnam previously had its own cut-off date in the Visa Bulletin during 2018–2021, causing waits of many years. However, since the EB-5 Reform and Integrity Act 2022 (RIA) took effect and introduced the reserved visa system, the picture has changed significantly.

As of May 2026, Vietnam has returned to Current status on both charts (Final Action Dates and Dates for Filing) for both the EB-5 Unreserved and Reserved categories. This article analyses in detail how the backlog works, how to read the Priority Date, the current Visa Bulletin situation and the factors that could affect waiting times for Vietnamese investors in the coming years.

What the EB-5 visa backlog is

An EB-5 visa backlog occurs when the number of applications exceeds the number of visas allocated each year to a country, forcing the US Department of State to apply a cut-off date in the Visa Bulletin. Only investors with a Priority Date before the cut-off date can then continue the visa or green card process.

Under Section 203 of the Immigration and Nationality Act (INA), theEB-5 visa programmeis allocated about 10,000 immigrant visas each fiscal year. The Act also limits each country to no more than 7% of the total employment-based visas in a fiscal year. When a country’s demand exceeds this cap,U.S. Citizenship and Immigration Services (USCIS)and the Department of State establish a backlog for that country.

The EB-5 Reform and Integrity Act 2022 (RIA) changed the visa allocation structure by creating three reserved visa groups: Rural (20%), High Unemployment Area (10%) and Infrastructure (2%). Each group has its own visa pool, separate from the traditionalUnreservedcategory. This new structure creates an opportunity to avoid the backlog for investors in reserved-category projects.

The Priority Date in an EB-5 case

The Priority Date is the date USCIS receives the I-526 or I-526E and is the sole basis for determining the order of visa adjudication. This date is shown on the I-797C Receipt Notice the investor receives about 10–14 days after filing.

The role of the Priority Date in the EB-5 process includes:

• Determining when the investor can file the I-485 (for adjustment of status) or receive a consular interview appointment (for consular processing)
• Deciding the order of adjudication when a country has a backlog
• Acting as a “place holder” for the family — if the Priority Date is kept, the case keeps its place in the queue even if the cut-off date shows signs of retrogression

The earlier the Priority Date is established, the better. According to the analysis inthe article on EB-5 RIA, investors should complete their source of funds documentation and file the I-526E as early as possible to lock in a Priority Date before any future backlog occurs.

How to read the Visa Bulletin: Final Action Dates and Dates for Filing

The US Department of State publishes theVisa Bulletinevery month, around mid-month. Each Bulletin includes two charts that matter to EB-5 investors: the Final Action Dates Chart and the Dates for Filing Chart.

The Final Action Dates Chart shows the date a Priority Date must reach for USCIS or a consulate to actually issue an immigrant visa or approve an I-485. This is the chart that decides green card issuance.

The Dates for Filing Chart shows the date a Priority Date must reach to be allowed to file an I-485 (for AOS) or submit documents to the National Visa Center (for consular processing). This chart is usually further ahead than the Final Action Dates Chart, opening up the chance to file earlier.

Each month, USCIS announces on its website which chart is used for filing the I-485. In May 2026, USCIS required all employment-based categories to use the Final Action Dates Chart.

Visa Bulletin status for EB-5 in May 2026

According to the May 2026 Visa Bulletin published by the US Department of State, the status of the specific EB-5 groups is as follows:

EB-5 category	Vietnam	China	India	Other countries
Unreserved	Current	22 September 2016	1 May 2022	Current
Rural (Reserved)	Current	Current	Current	Current
High Unemployment (Reserved)	Current	Current	Current	Current
Infrastructure (Reserved)	Current	Current	Current	Current

“Current” means there is no cut-off date — the investor meets the visa availability requirement immediately after the I-526E is approved (or at the time of filing for concurrent filing).

The Department of State noted in Section E of the May 2026 Visa Bulletin that demand for visa numbers from India in the Unreserved category may force it to retrogress the Final Action Date or make the category temporarily “Unavailable”. However, this warning applies only to India and does not concern Vietnam.

The history of Vietnam’s EB-5 backlog

Vietnam was the second country in the world (after China) to be given its own cut-off date in the EB-5 Visa Bulletin. The first retrogression occurred in the May 2018 Visa Bulletin, when the cut-off date was set at 22/07/2014.

Between 2018 and 2021, Vietnam continuously had a cut-off date around 3–4 years behind current Priority Dates. The peak came in July 2021, when Vietnam’s cut-off date advanced significantly towards 04/2018 after the Department of State readjusted the quota.

After the EB-5 Reform and Integrity Act 2022 took effect on 15/03/2022, Vietnam gradually returned to Current status. The main reason is that the RIA created the reserved visa system, which reduced demand in the Unreserved category, while the new visa pools opened up capacity for previously backlogged countries.

By 2026, Vietnam no longer has its own cut-off date in the Visa Bulletin and is counted within “All Other Countries”, with Current status on both charts.

The advantages of reserved visa categories for Vietnamese investors

The reserved visa system introduced by the EB-5 RIA gives Vietnamese investors a strategic advantage, especially if they are concerned about the backlog returning in the future.

The threereserved visa EB-5categories consist of Rural (20%), High Unemployment Area (10%) and Infrastructure (2%) — a total of 32% of the annual visa pool set aside. This pool is completely separate from the Unreserved category and applies its own country cap.

In practice, the reserved categories are currently Current for all countries, including Vietnam. Investors in projects located in Rural or HUA TEAs, or in Infrastructure projects, can take advantage of a faster visa path.

In addition, Rural projects also benefit from Priority Processing of the I-526E under the RIA. Although real-world data from IIUSA shows the Priority Processing advantage is not very different from High Unemployment Areas, it remains a positive factor for investors who need fast adjudication.

Real waiting times for Vietnamese investors in 2026

Real waiting times for Vietnamese investors in 2026 depend on the type of project and the processing route (AOS or consular processing), rather than being driven by visa availability backlogs as in 2018–2021.

For Rural (TEA Reserved) projects usingadjustment of statuswith concurrent filing:

• I-526E approval: about 5–12 months (Priority Processing)
• EAD and Advance Parole: 2–6 months after filing the I-485
• I-485 approval and conditional green card: 2–12 months after I-526E approval

For High Unemployment Area Reserved projects using consular processing:

• I-526E approval: about 12–24 months
• DS-260 and consular interview: 3–12 months after I-526E approval
• Entry and receipt of the conditional green card: 1–3 months after the interview

For Unreserved projects (investment of more than 1,050,000 USD outside a TEA):

• I-526E approval: about 24–48 months (no Priority Processing)
• Subsequent steps: following the standard AOS or consular processing timeline

The likelihood of the backlog returning in the future

Although Vietnam is currently Current, investors should note that this status can change. Three main factors could affect Vietnam’s cut-off date in the coming years.

First, rising I-526E demand from Vietnam. Since the EB-5 RIA lowered the investment threshold to 800,000 USD for the reserved categories, the number of Vietnamese investors interested in the programme has grown significantly. If this trend continues, backlog pressure could reappear.

Second, US government policy. The Department of State has warned in recent Visa Bulletins that administrative actions affecting the pace of consular visa issuance in some countries could create volatility in visa allocation between countries.

Third, USCIS’s I-526E adjudication performance. If the agency speeds up processing after adopting the Inventory Management Model from March 2026, actual annual visa demand could rise quickly, leading to backlogs in some high-demand countries.

Strategies for dealing with backlog risk

To reduce the risk of the backlog returning, Vietnamese investors can adopt the following proactive strategies.

First, prioritise investing in reserved visa projects. Because these categories have separate visa pools and their own country caps, the likelihood of a backlog is very low compared with the Unreserved category.

Second, establish a Priority Date as early as possible. Filing the I-526E as soon as the source of funds documentation is complete locks in a place in the queue, protecting the case against future retrogression.

Third, follow the Visa Bulletin every month. The Department of State usually gives several months’ warning when retrogression is likely. Investors can use this time to speed up the next filing steps.

Fourth, consider a second passport for family members. The “country chargeability” rule allows spouses and children to use a different country of birth to avoid a backlog. This is an advanced strategy that immigration lawyers usually advise on in special cases.

Conclusion

The EB-5 visa backlog situation for Vietnamese investors has changed fundamentally since the EB-5 Reform and Integrity Act 2022. Vietnam is currently Current on both charts of the May 2026 Visa Bulletin, opening up the opportunity to reach a conditional green card in the shortest possible time if investors choose the right project and strategy.

However, there is no guarantee that Current status will last forever. Savvy investors will prioritisereserved visaprojects, establish their Priority Date early and follow the Visa Bulletin monthly so they can respond promptly to any changes. Combining the right project choice with optimal filing timing is the key to shortening the journey from the I-526E toUS permanent resident card.

Long waits are the reason a child in the case can age out; the age protection mechanism is covered in the articleEB-5 for children under 21 and the CSPA rules.