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EB5 Status

EB-5 India Visa Backlog

India investors face currently unavailable in the unreserved category. Set-aside categories remain available without wait.

FOIA Daten|FOIA + State Dept

Data current as of · Source: USCIS/State Dept

Key Takeaways

  • 1Unreserved final action date: Unavailable (currently unavailable estimated wait)
  • 2755 approved petitions awaiting visa numbers
  • 3Set-aside categories: All three set-aside categories are Current for India. The unreserved category is Unavailable for the remainder of FY2026 after reaching its annual per-country limit.
  • 4~25% of total EB-5 demand (fastest growing)

Unreserved Status

Unavailable

Est. Wait

currently unavailable

Approved Awaiting

755

I-485 Pending

4,947

What "Unavailable" means

An Unavailable status means no Indian investor can obtain an unreserved EB-5 visa number right now, regardless of priority date. India reached its pro-rated FY2026 unreserved limit, so the category is closed until the new fiscal year begins in October 2026.

Why India's unreserved category filled up

Indian EB-5 filings have grown over 400% since FY2022. Most Indian investors are former H-1B holders who see EB-5 as a faster path to a green card than the employment-based EB-2/EB-3 categories, which have backlogs of 10+ years for India. That surge in demand exhausted India's annual unreserved allotment.

The H-1B connection

Many Indian EB-5 investors are already in the US on H-1B visas. Concurrent filing lets them file I-485 alongside I-526E when a visa number is available in their category. Because the reserved categories remain Current for India, concurrent filing stays open to investors who choose a rural, HUA, or infrastructure project, even while the unreserved category is Unavailable.

What this does NOT tell you

India's unreserved category is expected to reopen at the start of FY2027 (October 2026), but with demand this strong it is likely to retrogress again rather than return to Current. The reserved categories are the reliable path for Indian investors who need visa availability now.

Source: USCIS FOIA and Department of State Visa Bulletin

India EB-5 Overview

India is now the second-largest and fastest-growing source country for EB-5 investment. Rapid growth in Indian filings pushed unreserved demand past the annual per-country limit: as of the July 2026 visa bulletin, the India unreserved category is Unavailable, meaning no unreserved visa numbers are issued for the remainder of FY2026 regardless of priority date. The category is expected to become available again with the October 2026 (FY2027) bulletin, though renewed retrogression is likely once it reopens. Indian investors who file in a reserved category (rural, HUA, or infrastructure) are unaffected, since those categories remain Current.

Filing Trends

India has emerged as the fastest growing EB-5 source country since the 2022 Reform Act. Indian investor filings have increased over 400% from FY2022 to FY2025, driven primarily by H-1B holders seeking an alternative green card path and the concurrent filing provision.

Strategy Considerations

Many Indian investors are filing under the rural set-aside category, which is currently processing in 11 to 17 months and has no visa backlog. The concurrent filing option is particularly valuable for Indian investors already in the US on H-1B or L-1 status, as it provides interim work authorization while the I-526E is adjudicated.

Processing Time by Category

CategoryProcessing TimeVisa Availability
Rural (20% set-aside)11 to 17 monthsCurrent
HUA (10% set-aside)24 to 36 monthsCurrent
Unreserved36 to 52 monthsUnavailable

Set-Aside Category Status

All three set-aside categories are Current for India. The unreserved category is Unavailable for the remainder of FY2026 after reaching its annual per-country limit.

This means India investors who file under a set-aside category can avoid the unreserved wait entirely. The tradeoff is that set-aside visas are allocated annually and unused visas fall to the unreserved pool at the end of each fiscal year. If demand for set-aside categories exceeds supply, these categories could also become retrogressed in the future.

Frequently Asked Questions

How long is the India EB-5 wait time?
The India EB-5 unreserved wait time is currently unavailable, based on the current final action date of Unavailable. Set-aside categories (rural, HUA, infrastructure) are currently available without a wait for India investors.
Can India investors avoid the EB-5 backlog?
Yes. India investors can file under the rural, HUA, or infrastructure set-aside categories, which are all currently available without a wait. Rural projects are processing in 11 to 17 months, far faster than the unreserved category, where the wait is currently unavailable.
What is the current India EB-5 final action date?
The current India EB-5 final action date is Unavailable for the unreserved category. This means only petitioners with priority dates before Unavailable can currently proceed with visa processing in the unreserved category.

How this data was calculated

Backlog data combines USCIS FOIA releases (approved-awaiting counts) with Department of State visa bulletin final action dates. Wait time estimates are derived from the gap between the final action date and today, assuming current visa allocation rates continue.

Trust tier: FOIALast updated: 2026-06-24Source: USCIS FOIA and Department of StateFull methodology

Data Update History

Verified against July 2026 visa bulletin; India unreserved category became Unavailable for the remainder of FY2026

Jun 24, 2026·Data refresh

Initial publication with FY2025 Q3 data

Apr 7, 2026·Initial publication

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