United States: India EB-5 Unreserved Immigrant Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2026
June 10, 2026
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At a glance
- The EB-5 Unreserved immigrant visa category for India is immediately unavailable and will remain so through the remainder of fiscal year 2026, which ends September 30, 2026.
- USCIS should nevertheless continue to accept India EB-5 Unreserved adjustment of status filings that are current in the Visa Bulletin for June, as the agency has done in prior years.
- Immigrant visa and adjustment of status applications in unavailable categories cannot be approved until a visa number becomes available.
- Annual immigrant visa limits re-set on October 1.
A closer look
The State Department has announced that the annual limit for the EB-5 Unreserved immigrant visa category for India has been met for FY 2026. As a result, the category is immediately unavailable and will remain so through September 30, the end of the fiscal year. U.S. embassies and consulates cannot issue immigrant visas and U.S. Citizenship and Immigration Services (USCIS) cannot approve adjustment of status applications in the EB-5 Unreserved category for India through September 30.
Annual immigrant visa limits will reset with the start of the FY 2027 fiscal year on October 1, 2026. At that point, USCIS will be able to resume approving adjustment of status cases and embassies and consulates will be able to resume issuing immigrant visas in the EB-5 Unreserved category for India.
Background
In its June Visa Bulletin, the State Department warned that due to continuing increased demand and usage, immigrant visa annual limits in several employment-based categories could be exhausted in the coming months. The EB-2 India category limit for FY 2026 was reached in late May.
What this means for employers and foreign nationals
USCIS should continue to accept adjustment of status filings that are current in the State Department Visa Bulletin for June, as the agency has done in prior years. However, cases in the EB-5 Unreserved category for India will be held for adjudication until visa numbers are available.
Foreign nationals with scheduled adjustment of status interviews should plan to attend their interview, but also be aware that the USCIS officer may decide to reschedule the interview in light of the exhaustion of the India EB-5 Unreserved quota. Even if the interview takes place, the case cannot be approved until a visa number becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
