Indian nationals seeking U.S. green cards through the EB-5 investor visa program have hit a significant roadblock. As of June 5, 2026, the U.S. Department of State confirmed that all available immigrant visas in the EB-5 unreserved category for applicants chargeable to India in fiscal year (FY) 2026 have been issued.61
This means the EB-5 unreserved category is now unavailable for Indian investors through the end of FY 2026 (September 30, 2026), according to the July 2026 Visa Bulletin. No additional EB-5 unreserved visas will be issued to Indian nationals until the new fiscal year begins on October 1, 2026.70
The development highlights the intense demand for EB-5 visas from Indian investors and the impact of per-country limits under U.S. immigration law.
What Happened: Per-Country Limits Reached
The EB-5 program allocates approximately 7.1% of the worldwide employment-based visa limit to employment creation (investor) visas. Within EB-5, 68% are unreserved, while 32% are set aside under the EB-5 Reform and Integrity Act of 2022 (RIA) for specific categories:
- 20% for rural areas
- 10% for high unemployment areas
- 2% for infrastructure projects
Per-country limits cap any single country at roughly 7% of total employment-based and family-sponsored visas. High demand from India has exhausted the available unreserved EB-5 visas for FY 2026.80
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The Department of State, working with USCIS, made this determination after issuing all available numbers. Embassies and consulates cannot issue EB-5 unreserved visas to Indian applicants for the rest of the fiscal year.
In the July 2026 Visa Bulletin, the EB-5 unreserved category for India shows as “U” (unavailable), while the set-aside reserved categories remain “C” (current) for all countries, including India.81
Reserved vs. Unreserved EB-5: A Critical Distinction for Indian Investors
This news primarily affects the unreserved EB-5 category. The reserved set-aside categories continue to offer a strong alternative:
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- Rural EB-5: 20% set-aside — remains current with no backlog.
- High Unemployment Area (HUA) EB-5: 10% set-aside — remains current.
- Infrastructure EB-5: 2% set-aside — remains current.
Investing in a qualifying rural, high-unemployment, or infrastructure project allows Indian nationals to access visa numbers without the long waits associated with unreserved or other employment-based categories (such as EB-2 or EB-3, which have massive backlogs for India, often spanning decades).
The RIA reforms created these set-asides precisely to reduce backlogs and encourage investment in underserved areas. For many Indian investors, targeting these reserved categories provides a faster pathway to conditional green cards for themselves and their families (spouse and unmarried children under 21).
Implications for Indian EB-5 Investors
- Delays for Unreserved Cases: Investors with approved I-526E petitions in the unreserved category whose priority dates are not yet current must wait until at least October 2026 for visa availability. This can extend overall timelines.
- Continued Processing: I-526E petition adjudication by USCIS can still proceed. Visa issuance is the bottleneck for unreserved cases.
- Opportunity in Reserved Categories: Strong demand is shifting focus toward rural and high-unemployment projects. These often feature lower minimum investment amounts in some cases and priority processing advantages.
- Family Impact: Spouses and children can benefit from the same visa category. Delays affect the entire family’s immigration plans.
- Broader Context: This mirrors challenges in other employment-based categories. India frequently reaches per-country limits early due to high application volumes from professionals, entrepreneurs, and investors.
The annual limits reset on October 1, 2026 (start of FY 2027). It is expected that some visa numbers will become available again, though the exact final action date will depend on demand and the new fiscal year’s allocation.70
Strategic Advice for Indian Nationals Considering EB-5
Indian investors looking to secure a U.S. green card through investment should consider these steps:
- Evaluate Reserved Categories First: Prioritize projects in rural areas, high-unemployment zones, or infrastructure. These currently have no visa backlog for Indian nationals.
- Work with Experienced Professionals: Partner with reputable regional centers, immigration attorneys specializing in EB-5, and financial advisors familiar with the program post-RIA.
- Understand Investment Requirements: Minimum investments vary by category and project type. Ensure the project creates the required jobs (typically 10 full-time positions per investor).
- Monitor the Visa Bulletin: Check monthly updates from the Department of State, especially around October 2026 for potential movement in unreserved categories.
- Plan for Timelines: From I-526E filing to conditional green card and eventual removal of conditions (I-829), the process involves multiple stages. Early action in current categories can help lock in priority dates.
- Consider Tax and Financial Implications: EB-5 involves significant capital at risk. Consult experts on funding sources, including any limits under Indian regulations (such as Liberalised Remittance Scheme).
Why EB-5 Remains Attractive Despite Limits
Despite per-country constraints in the unreserved category, EB-5 offers a unique path to U.S. permanent residency without needing employer sponsorship or labor certification—unlike many other employment-based options. It benefits the U.S. economy through job creation and investment.
For Indian nationals facing lengthy waits in EB-2/EB-3, EB-5 (especially reserved categories) can provide a more predictable and often faster route to a green card.
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What to Expect Next
Visa availability for Indian EB-5 unreserved cases will likely resume or advance in October 2026 with the new fiscal year. However, high demand means backlogs can re-emerge quickly. Reserved categories are expected to remain current in the near term, making them the strategic choice for many investors right now.
Immigration rules and visa bulletins change frequently. What is current today could shift with demand patterns.
If you are an Indian national exploring the EB-5 investor visa program, now is an excellent time to assess your options—particularly in reserved categories that bypass current unreserved limits. Consult a qualified EB-5 immigration attorney and experienced regional center for personalized guidance tailored to your situation, investment goals, and family needs.
This development underscores the importance of strategic planning in the EB-5 process. With proper preparation, many Indian investors continue to successfully obtain U.S. green cards through this investment-based pathway.
