The July 2026 Visa Bulletin delivers the news that many India-born EB-5 investors had been bracing for. After the June bulletin issued an explicit warning that the unreserved category could become unavailable, July confirms it: India’s pro-rated EB-5 unreserved limit has been reached, and the category is closed for the remainder of fiscal year 2026. All EB-5 reserved set-aside categories — Rural, High Unemployment, and Infrastructure — remain current for all countries. Below is what moved, what didn’t, and what it means depending on where your petition currently sits.
In summary:
- India EB-5 unreserved numbers are unavailable for the remainder of FY 2026 — the pro-rated limit has been reached
- China EB-5 unreserved Final Action Date advances to December 1, 2016, up about two months from June
- India EB-2 numbers are now unavailable for the remainder of FY 2026; EB-1 for India has also retrograded further
- All EB-5 reserved categories (Rural, High Unemployment, Infrastructure) remain current for all countries
EB-5 Unreserved Category: Final Action Dates
India’s unreserved category closing is different from a retrogressing date. A retrogressing date still moves forward eventually. A closed category has no numbers left to issue until a new fiscal year opens. The bulletin notes the date will likely resume at or beyond June’s level when FY 2027 begins in October, but that depends on next year’s demand and annual limit, not something to plan around as settled.
If you’re an India-born investor currently on an H-1B, F-1 OPT/STEM OPT, or similar status and weighing the unreserved category, this affects more than processing speed. It affects whether you can use concurrent filing at all this year, since concurrent filing for adjustment of status depends on a visa number actually being available.
China’s unreserved Final Action Date advances to December 1, 2016, and Dates for Filing holds at March 1, 2017. For a backlog that stretches back nearly a decade, any consistent forward movement matters.
All other countries remain current.
EB-5 Unreserved Category: Dates for Filing
No movement in the Dates for Filing chart for EB-5 this month. China holds at March 1, 2017 and India holds at May 1, 2024, both unchanged from June.
For guidance on what the unavailability of India’s unreserved numbers means for your specific filing situation, we recommend consulting with a qualified immigration attorney.
All other countries remain current.
EB-5 Reserved Category Remains Current
All three reserved categories — Rural, High Unemployment, and Infrastructure — remain current for all countries in July 2026, consistent with every month since the RIA set-aside structure took effect.
This is the defining advantage of rural and high-unemployment EB-5 projects right now. While the unreserved category has become inaccessible for India-born investors and deeply backlogged for China-born investors, the reserved set-asides continue to offer current visa availability to investors from every country. For investors from high-demand countries, a project qualifying under the rural designation is not just a preference – at this point, it is a clear path to avoiding a wait on visa numbers.
Broader Employment-Based Context
July’s bulletin brings continued bad news for India-born applicants across employment-based categories. The June bulletin had already flagged retrogression risk in EB-1 and EB-2 for India — July confirms that India’s EB-2 pro-rated limit has been reached and the category is unavailable for the remainder of FY 2026. EB-1 for India has retrograded further as well, moving to October 22, 2022 from December 22, 2022 in June.
The State Department continues to monitor EB-2 for China and EB-3 for the Philippines for potential retrogression, warnings that have carried over from prior bulletins without resolution.
These developments are independent of EB-5 allocations and do not directly affect EB-5 reserved category availability. But they reinforce a broader picture: visa number pressure is building across employment-based categories for high-demand countries, and the window to act within the current fiscal year is narrowing.
Key Takeaways
- India EB-5 unreserved numbers are unavailable for the remainder of FY 2026 — investors in this category should explore Rural or High Unemployment set-aside projects immediately
- China EB-5 unreserved Final Action Date advances to December 1, 2016, up about two months from June
- All EB-5 reserved categories remain current for all countries — the TEA set-aside continues to be the strongest path for investors from backlogged countries
- India EB-2 is now unavailable for FY 2026; EB-1 for India has retrograded further from June
- October is the earliest India EB-5 unreserved numbers could become available again, subject to FY 2027 annual limits
- The September 30 fiscal year end is approaching — investors who have not yet filed should not assume current conditions will hold into FY 2027
Rural EB-5 Offerings from EB-5 Coast to Coast
With India’s unreserved category now closed and the September 30 grandfathering deadline approaching, the case for acting now on a TEA project, especially rural TEA, has never been clearer. 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 carrying reserved-category visa access and priority I-526E processing. We invite you to schedule a consultation with our team to discuss how these offerings may align with your immigration and investment objectives.
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.
