Visa Bulletin July 2026 Alert: EB-5 Unreserved Visa Limit Reached for India
The unreserved EB-5 visa allocation for India-born nationals has been exhausted for the current fiscal year, potentially affecting investor visa applicants and overall employment-based visa number availability.
The U.S. Department of State has confirmed that the unreserved EB-5 immigrant investor visa limit for India has been met for the current fiscal year. This development means India-born EB-5 applicants in the unreserved category will face retrogression or cutoff dates, a significant shift from prior availability.
When unreserved EB-5 visas are exhausted, excess demand may shift pressure onto reserved EB-5 set-asides, including rural, high unemployment, and infrastructure project categories. India-born nationals still in the pipeline should consult with counsel to determine whether their petition qualifies under a reserved category.
For EB-3 applicants, this development is worth monitoring. Unused visa numbers in one employment-based preference category can sometimes be reallocated to others under the spilldown/spillup rules. However, EB-5 exhaustion generally does not directly benefit EB-3 queues.
Applicants with pending I-526E or I-526 petitions should review their priority dates against the upcoming Visa Bulletin. Those nearing an interview or consular processing stage should confirm current cut-off dates before scheduling travel or making financial decisions.
For the first time since April 2026, worldwide EB-2 has a cutoff date in the October 2026 Visa Bulletin, with a Final Action Date of January 1, 2025. USCIS designated the Dates for Filing chart for October, creating three distinct applicant positions based on priority date.
The October 2026 Visa Bulletin retrogresses EB-3 for All Chargeability Areas and Mexico, with USCIS using the Dates for Filing chart. India EB-3 remains stuck at January 15, 2015.
The long-delayed October 2026 Visa Bulletin has been released, marking the start of FY2027. While some Indian nationals see modest green card relief from fresh annual quotas, EB-3 and EB-2 India face retrogression, pushing priority dates backward.