India EB-5 Unreserved Category Hits Annual Limit: Fully Unavailable Until October 2026 – What Investors Need to Know Now
- Xavi

- 21 hours ago
- 2 min read
Updated: 8 hours ago
Washington, D.C., June 11, 2026 — The U.S. State Department has announced that the EB-5 Unreserved immigrant visa category for India has reached its annual limit for Fiscal Year 2026. As a result, the category is immediately unavailable and will remain closed through September 30, 2026.
This development affects thousands of Indian investors and their families currently in the EB-5 pipeline, marking another significant retrogression in one of the most popular EB-5 markets.
Current Status (June 2026)
EB-5 Unreserved (India): Immediately unavailable
Duration of Unavailability: Until the start of Fiscal Year 2027 on October 1, 2026
Adjustment of Status: USCIS will continue to accept filings that are current in the June 2026 Visa Bulletin, but no approvals can be issued until a visa number becomes available.
Consular Processing: U.S. embassies and consulates cannot issue visas in this category during this period.
Annual EB-5 visa limits reset every October 1 with the new fiscal year.
Why This Matters for Indian Investors
India has consistently been one of the top countries for EB-5 investments due to high demand and strong interest in U.S. permanent residency through investment. The rapid exhaustion of the Unreserved category highlights ongoing visa backlogs and high competition in the EB-5 program.
Key Impacts:
Pending I-526E petitions may face longer overall timelines.
Adjustment of status (I-485) filings can continue, but green cards cannot be issued until October.
New investors should carefully consider timing and explore set-aside categories (Rural, High Unemployment, Infrastructure) if eligible, which often have better availability.
Practical Advice for Current and Prospective EB-5 Investors from India
For Those Already in Process:
Continue working with your regional center or project team.
Monitor the monthly Visa Bulletin closely.
Maintain valid nonimmigrant status (if in the U.S.) while waiting.
Consider premium processing for I-526E where available to accelerate initial petition approval.
For New Investors:
Evaluate set-aside categories (Rural, High Unemployment) which may still have availability.
Work with experienced EB-5 attorneys and reputable regional centers.
Plan financial commitments and timelines with the understanding that Unreserved processing for India will likely face backlogs in FY2027 as well.
General Recommendation: Act quickly on any pending steps. While the category is unavailable for final approvals, staying proactive can position you better when visas reopen in October.
Broader EB-5 Landscape in 2026
The EB-5 program continues to see strong interest globally, but per-country limits and high demand from countries like India, China, and Vietnam create recurring availability issues in the Unreserved category. Visas designated for Rural, High Unemployment, and Infrastructure areas continue to be significant alternatives, often offering better availability. The Department of State and USCIS are expected to release the October 2026 Visa Bulletin in late September, which will indicate availability for the new fiscal year.
For the most recent updates on the EB-5 Visa Bulletin, processing times specific to each country, analysis of set-aside categories, and detailed guidance for Indian investors in 2026,


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