EB-5 Visa Bulletin

The July 2026 EB-5 visa bulletin from the U.S. Department of State shows a sharp China advance alongside a significant setback for India. The China unreserved final action date jumped 70 days to December 1, 2016, while India’s unreserved category became Unavailable for the remainder of the fiscal year.

China (mainland born) advances to a final action date of December 1, 2016, a 70 day jump from September 22, 2016 and the largest forward movement since the 220 day advance in December 2025. China still carries the longest EB-5 unreserved backlog, approaching a decade, from the current date. Chinese investors filing under reserved categories (rural, high unemployment area, and infrastructure) continue to see Current status across all three set aside designations. For Chinese investors seeking to avoid the unreserved backlog, the rural set aside category offers immediate visa availability with no per country wait.

India is now Unavailable in the unreserved category. India EB-5 unreserved visa numbers are unavailable for the remainder of FY2026 after the category reached its annual per-country limit. Numbers are expected to become available again with the October 2026 (FY2027) bulletin. This is a hard stop rather than a gradually advancing backlog: no unreserved Indian visa numbers will be issued for the rest of FY2026, regardless of priority date. Critically, all three reserved categories remain Current for Indian investors, so anyone filing under a rural, high unemployment area, or infrastructure project is unaffected and retains immediate visa availability.

Vietnam and all other countries remain Current across all categories. No backlog exists for these chargeability areas, and visa numbers are immediately available upon petition approval.

What to watch: India’s unreserved numbers are expected to become available again with the October 2026 bulletin, when the FY2027 annual allotment resets. China’s 70 day advance suggests the Department of State is releasing additional unreserved numbers as it manages the fiscal year-end allocation. Investors considering the EB-5 program should note the September 30, 2026 grandfathering deadline, after which minimum investment amounts are expected to increase. For investors from retrogressed countries, filing under the rural set aside category before this deadline provides both immediate visa availability and grandfathered investment amounts. Investors navigating these filing decisions may benefit from consulting an experienced EB-5 immigration attorney to evaluate timing and category selection.

Visa bulletin data is most useful when interpreted in the context of your specific filing category, country of chargeability, and priority date. Here is how different investor profiles should read this month’s bulletin:

• Investors from backlogged or Unavailable countries (China, India): For China, if you hold an approved I-526E in the unreserved category, check whether your priority date falls before the Final Action Date. If it does, you may proceed with consular processing or adjustment of status. For India, no unreserved visa numbers are being issued for the remainder of FY2026 because the annual per-country limit has been reached, so there is no Final Action Date to check against and priority date does not matter for now. Indian applicants should monitor the October 2026 (FY2027) bulletin for the category to reopen, and can consider whether a reserved category filing (rural, high-unemployment, or infrastructure) could accelerate their timeline.
• New investors evaluating the program: The bulletin confirms that all three reserved set aside categories remain Current for every country. Filing under a rural, high unemployment, or infrastructure project eliminates the visa wait entirely. This is the single most impactful strategic decision for new investors.
• Investors approaching the grandfathering deadline: Filing before September 30, 2026 locks in the current $800,000 TEA minimum. The bulletin data helps you evaluate whether concurrent filing is viable based on current visa availability in your category.

Every investor’s situation involves unique variables: source of funds complexity, derivative beneficiary considerations, concurrent filing eligibility, and country specific regulatory requirements. A qualified immigration attorney can analyze your priority date in context and recommend the right filing strategy.