Both are EB-5, yet the old law requires a wait of nearly a decade, while the new law offers immediate filing and processing. There is no fairness in the rules, only the choice of which side to stand on.
Just now, the U.S. Department of State Visa Office officially released the Visa Bulletin for August 2026 (the 11th month of the 2026 fiscal year).
Key takeaways are as follows:
• Advantages of the new EB-5 law are highlighted: There is no visa backlog for either Table A or Table B in the three reserved visa categories: rural, high unemployment areas, and infrastructure projects. This means that submitting an application now allows for immediate entry into the processing workflow, with the opportunity to concurrently file Form I-485, securing the right to work and live in the United States in advance.
• Stagnation in the old EB-5 law backlog: There has been no advancement in the backlog for the traditional EB-5 category; Table A remains at December 1, 2016, and Table B remains at March 1, 2017. This clearly indicates that applicants under the old law must still face a long wait.
Table A: Final Action Dates For Employment-Based Preference Cases (Note: For those entering the U.S. Consulate interview process)
Table B: Dates For Filing Of Employment-Based Visa Applications (Note: For those legally residing in the U.S. who meet relevant conditions, to file an AOS adjustment of status application with USCIS)
Table B for employment-based immigration in August 2026 is not open; I-485 applicants within the United States need to refer to Table A to submit their applications.
For EB-5 investors who are currently on the sidelines, this is not just a routine update, but a clear signal: there is not much time left for you to make a decision!
Why must you sign up for the new EB-5 policy immediately? 3 uncontrollable factors
1. The dividend of no backlog could disappear at any time, with quotas being consumed year by year
The new law provides 3,200 exclusive reserved visas annually. In recent years, the volume of new policy applications has continued to rise, and the backlog of approved cases awaiting visa issuance is constantly accumulating. When the total volume of approved cases awaiting visa allocation approaches the annual quota for the category, a backlog will be triggered for the reserved channel. Now is a rare window of zero waiting time.
2. The 2026.9.30 grandfather clause expires, and policy protection will lapse
Submitting Form I-526E before September 30 allows you to lock in the current $800,000 investment amount; late filing may result in the investment amount rising to $900,000+, directly increasing costs by over $100,000 USD.
3. The old law backlog is stuck, and waiting further is a waste of time
The August backlog once again confirms the stagnation of the old law. Towards the end of the fiscal year, USCIS will tighten the pace of visa issuance. In the coming years, it may be difficult for the backlog to see significant progress. International students and high-net-worth families cannot afford a ten-year wait.
Refuse to wait, act decisively
The window of no backlog will not remain open forever. Every update to the backlog is a reminder to us—acting now is the best time. Hesitating for one day increases the risk of backlog, price hikes, and policy tightening; signing and filing early allows you to firmly grasp the dividend of no backlog!
Currently, WorldWay is partnering with the multi-billion dollar fund PeachTree Group for the 5th time to offer the "Marriott·Royal Lake Bay Resort" EB-5 project, a masterpiece of inherited success, providing a stable choice for applicant families.
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