Visa Bulletin July 2026 Alert: EB-5 Unreserved Visa Limit Reached for India

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.