Two percent of annual EB-5 visas — roughly 200 — are reserved for qualifying infrastructure projects, and the category remains the least used of the three set-asides even as it stays current for every country, including China and India. The reason so few investors have used this lane is structural: the statute requires a governmental entity to administer the project and to serve as the job-creating entity contracting with a regional center or new commercial enterprise. This panel will examine what the category actually requires, why most projects fall outside it, what DHS’s pending proposed rule would change if adopted as written, which questions remain unresolved — including the treatment of public-private partnerships, on which USCIS has not issued guidance — and how the limited size of the category and the statutory investment adjustment scheduled for Jan. 1, 2027 factor into immigration strategy and timing.
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