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The January 2026 Visa Bulletin appears to deliver positive developments for employment-based immigration, with notable forward movement across most categories. Both Final Action Dates (Chart A) and Dates for Filing (Chart B) reflect improved visa availability, and USCIS will continue accepting adjustment-of-status applications under Chart B for January.
EB-5 (Unreserved) Highlights
- China (Mainland-Born)
- Final Action Dates: Advanced from July 15, 2016, to Aug. 15, 2016 (31-day progression);
- Dates for Filing: Moved to Aug. 22, 2016, marking a similar one-month gain.
- India:
- Final Action Dates: Jumped from July 1, 2021, to May 1, 2022;
- Dates for Filing: Jumped to May 1, 2024, a 761-day advancement, the largest among EB categories.
- All Other Countries: Remain current for EB-5 unreserved visas, with no backlog.
Reserved EB‑5 Categories
All three set-aside categories, Rural, High Unemployment, and Infrastructure, remain current in both charts, with no retrogression.
Implications for EB-5 China Applicants
While China's one-month advancement may seem modest compared to India's leap, it represents steady progress for a category historically burdened by long backlogs. For investors who have been waiting for years, even incremental movement may be meaningful.
Key Takeaways
- Priority Date Eligibility: For applicants whose EB-5 priority date is before Aug. 15, 2016, their petitions are now eligible for approval under the current bulletin. However, eligibility does not guarantee approval in January; it simply means a case may proceed when a visa number is available and all processing steps are complete.
- Adjustment of Status Filing: Applicants with priority dates before Aug. 22, 2016, may file under Chart B, as USCIS continues to accept filings based on projected visa availability. Processing timelines will depend on USCIS workload and visa number allocation.
- Consular Processing (Outside the United States): If applicants are abroad and their priority dates are current under the Final Action Dates chart (e.g., before Aug. 15, 2016), the National Visa Center (NVC) can schedule their immigrant visa interviews once their cases are documentarily qualified. Timelines vary based on NVC scheduling and consular appointment availability.
EB-5 investors may see these advancements as a promising start to 2026, particularly those from China and India. The advancements suggest continued momentum in employment-based immigration.
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