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The September 2026 Visa Bulletin states that EB-5 unreserved visa numbers are unavailable for Indian nationals for the remainder of FY2026.
For September 2026, the U.S. Department of State’s Final Action Dates chart lists EB-5 Unreserved as follows:
- India: Unavailable
- China: Dec. 1, 2016
- All other countries, including Mexico and the Philippines: Current
The September 2026 Visa Bulletin also confirms that all three EB-5 set-aside categories for post-RIA investors —rural, high unemployment, and infrastructure — remain current for all countries, including India.
The distinction between unreserved EB-5 and the set-aside categories is important for Indian investors. An Indian investor with an unreserved EB-5 case cannot receive an immigrant visa or obtain adjustment of status based on an available EB-5 visa number during September while the category is listed as “U.” By contrast, qualifying investors in the rural, high unemployment, or infrastructure set-aside categories continue to have visa numbers available, subject to satisfaction of all other eligibility requirements.
Looking Ahead to October 2026
The September 2026 Visa Bulletin also includes a warning regarding EB-5 unreserved. Per the Department of State, increased demand and visa number usage could require further retrogression or make the category unavailable before the end of FY2026.
Visa numbers reset with the new FY2027 beginning Oct. 1, 2026. DOS projects 186,317 employment-based immigrant visas for FY2027, representing an increase of more than 36,000 employment-based numbers over FY2026. The availability of EB-5 numbers in FY2027 will depend on demand and the statutory allocation of employment-based immigrant visas.
Accordingly, EB-5 investors — particularly those chargeable to India — should monitor the October 2026 Visa Bulletin for the treatment of EB-5 unreserved numbers as FY2027 begins.
For investors considering an EB-5 investment, the September Visa Bulletin also underscores an important planning consideration: the visa availability analysis is not the same for all EB-5 investors. Country of chargeability, the EB-5 category selected, and whether the investment qualifies for a set-aside can materially affect visa availability and timing.
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