EB-5 India Visa Backlog
India investors face currently unavailable in the unreserved category. Set-aside categories remain available without wait.
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.
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
| Category | Processing Time | Visa Availability |
|---|---|---|
| Rural (20% set-aside) | 11 to 17 months | Current |
| HUA (10% set-aside) | 24 to 36 months | Current |
| Unreserved | 36 to 52 months | Unavailable |
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?
Can India investors avoid the EB-5 backlog?
What is the current India EB-5 final action date?
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.
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