The August 2026 Visa Bulletin is a study in stability — at least within EB-5. India’s unreserved numbers remain unavailable exactly where they landed in July, and China’s unreserved Final Action Date holds at December 1, 2016. All three reserved set-aside categories — Rural, High Unemployment, and Infrastructure — remain current for every country of chargeability.
That may sound like a quiet month. But the August bulletin arrives with 63 days left in fiscal year 2026, and stability at this stage of the year carries its own message. There are no more months to wait out. What the bulletin confirms is that the reserved path is clear, the unreserved path for India-born investors is closed until at least October, and USCIS will only accept Chart A filings for employment-based adjustment of status this month. Here is what each of those means in practice.
In summary:
- All EB-5 reserved categories (Rural, High Unemployment, Infrastructure) remain current for all countries — unchanged from July
- China EB-5 unreserved Final Action Date holds at December 1, 2016 — no movement this month
- India EB-5 unreserved remains Unavailable through the end of FY 2026
- USCIS will only accept Chart A (Final Action Dates) for employment-based adjustment of status in August — Chart B cannot be used
- EB-1 for India flagged as potentially unavailable in the coming weeks; EB-2 flagged for possible retrogression
- September 30 marks the end of FY 2026 — the last date for grandfathered filings under the current set-aside structure
EB-5 Unreserved Category: Final Action Dates
Nothing moved in the unreserved column this month. China’s Final Action Date remains at December 1, 2016 — the same figure it reached in July after two months of incremental forward movement. India holds at Unavailable, a designation that has been in place since July after the State Department confirmed the pro-rated annual limit for Indian EB-5 unreserved applicants had been exhausted.
The distinction between “Unavailable” and a retrograded date matters. A date that has retrograded can still be filed against once the priority date catches up. An Unavailable designation means there are simply no numbers left to issue until the new fiscal year opens on October 1. Even then, resumption at or beyond the date where India paused in June will depend on FY 2027’s annual allocations and demand levels — not something investors can plan around as settled.
For India-born investors currently weighing their options, the path through the unreserved category is not delayed — it is closed for FY 2026. And with the fiscal year ending September 30, any investor who has not already filed in the reserved category should be reviewing that option now.
All other countries remain current in the unreserved category.
On the other hand, all three reserved categories — Rural, High Unemployment, and Infrastructure — remain current for all countries in August 2026. This has been the case every month since the RIA set-aside structure took effect in 2022, and the August bulletin also includes no warning language suggesting that will change.
EB-5 Unreserved Category: Dates for Filing
The Dates for Filing (Chart B) remain unchanged from July. China holds at March 1, 2017 and India holds at May 1, 2024 in the Dates for Filing chart — with one important caveat this month: USCIS has confirmed it will not accept Chart B for employment-based adjustment of status filings in August 2026. Only Chart A applies.
That means even applicants who might otherwise be eligible to use Chart B for filing preparation cannot use it to actually submit an AOS application this month. Applicants currently assembling documents for the National Visa Center should confirm their filing strategy with qualified immigration counsel before taking any action.
Broader Employment-Based Context
The August bulletin carries several warnings relevant to India-born investors that, while independent of EB-5 allocations, paint the broader picture clearly.
The State Department flags that EB-1 for India may become unavailable in the coming weeks if the pro-rated limit is reached before September 30 — a new warning this month. India’s EB-2 had already been confirmed unavailable since the July bulletin, and that remains the case. The August note on EB-2 warns that retrogression or unavailability could hit the broader category before fiscal year end.
For H-1B professionals who have been weighing EB-5 reserved against EB-1 or EB-2 NIW as pathways to a U.S. green card, August’s bulletin provides a useful point of comparison. The categories now flagged for potential closure are the same ones that investors from high-demand countries have historically treated as alternatives to EB-5. The reserved EB-5 set-asides have no such warning attached.
Key Takeaways
- All EB-5 reserved categories remain current for all countries — Rural, High Unemployment, and Infrastructure continue to offer the clearest and most reliable path to visa number availability
- China EB-5 unreserved holds at December 1, 2016 in the Final Action Date chart — no movement in August
- India EB-5 unreserved remains Unavailable through September 30; the earliest numbers could resume is October 1, subject to FY 2027 allocations
- USCIS is accepting only Chart A for employment-based AOS in August — Chart B cannot be used for adjustment of status filings this month
- EB-1 for India may become unavailable before fiscal year end; EB-2 has been unavailable since July and remains so — neither warning applies to EB-5 reserved categories
- September 30 is the last day of FY 2026 and the deadline for grandfathered filings under the RIA’s current set-aside structure — investors who have not yet filed should not assume FY 2027 conditions will mirror what is available today
Rural EB-5 Offerings from EB-5 Coast to Coast
With two months remaining in FY 2026 and no movement in the reserved categories, this is not a time to monitor and wait. It is a time to act. EB5 Coast to Coast’s current open offerings — All Points North in Colorado, The Pines of Grass Valley in Northern California, and Fidium Rural Broadband in Northern New England — are all rural TEA projects. Each qualifies for reserved-category visa access and priority I-526E processing, offering investors from every country the most direct available path to U.S. permanent residency.
We invite you to schedule a consultation with our team to discuss how these offerings may align with your immigration and investment objectives before the September 30 fiscal year close.
Disclaimer: This update is provided for informational purposes only and does not constitute legal or investment advice. Visa availability is subject to change, and individual circumstances may vary. Prospective investors should consult with qualified immigration counsel and review all offering documents before making any investment decision.
