The EB-5 unreserved immigrant visa category for applicants chargeable to India is not at risk—it has already become unavailable, effective June 5, 2026. The U.S. State Department announced June 10, 2026 that all available visas in this category for Indian investors had been issued, and the category will remain closed through September 30, 2026, the end of the fiscal year.
EB-5 investment-based green cards are among the paths to permanent U.S. residency available to foreign investors and their families. The unreserved visa cap for India—shared across all countries—was exhausted unusually early this year, reflecting the surge in applications from Indian applicants. The closure affects only unreserved visas; reserved set-aside categories remain available for Indian investors.
Table of Contents
- How EB-5 visas are allocated
- Why India's allocation ran out so quickly
- What this closure means for Indian applicants right now
- When will the unreserved category reopen?
- What options remain for Indian EB-5 investors now
- Frequently Asked Questions
How EB-5 visas are allocated
The EB-5 category receives 7.1 percent of the worldwide employment-based immigration limit. Within that, 68 percent of visas are designated for unreserved visa categories—meaning available to all countries on a first-come, first-served basis. The remaining visas are reserved for specific project types: rural, high-unemployment, and infrastructure set-asides. Each country's investors draw from the same unreserved pool until it runs out, at which point embassies and consulates cannot issue new visas in that category for that country, and uscis cannot approve adjustment of status applications.
Why India's allocation ran out so quickly
India exhausted its unreserved EB-5 visa allocation in less than three months into fiscal year 2026, reflecting exceptionally high demand from Indian investors for employment-based immigration pathways. The speed of exhaustion is unusual. By contrast, other countries including Mexico, the Philippines, and China retain current status for unreserved EB-5 visas, meaning their applicants can still proceed in the unreserved category.
What this closure means for Indian applicants right now
U.S. embassies and consulates cannot issue EB-5 unreserved visas, and USCIS cannot approve adjustment of status applications in this category for Indian applicants, through September 30, 2026. This affects investors waiting for consular processing (visa interviews at U.S. embassies) and those pursuing adjustment of status (filing for a green card while in the U.S.).
No new EB-5 unreserved visas can be issued or approved for Indian nationals during this window, regardless of how long their application has been pending. The closure applies only to the unreserved category. All three EB-5 reserved set-aside categories—rural projects, high-unemployment areas, and infrastructure—remain current for India and all other countries. An Indian investor who qualifies for one of these reserved categories can continue to pursue EB-5 in the meantime.
When will the unreserved category reopen?
Annual immigrant visa limits reset on October 1, 2026, when fiscal year 2027 begins, and embassies and consulates may resume issuing EB-5 unreserved visas to Indian applicants at that time. A new fiscal year means a new allocation of visas. However, given India's rapid exhaustion of the 2026 allocation, the 2027 cap may again reach saturation quickly as demand from Indian investors remains high.
What options remain for Indian EB-5 investors now
Indian applicants who want to pursue EB-5 immigration during the unreserved closure can investigate whether their investment qualifies for one of the reserved set-aside categories. These include investments in rural projects (outside metropolitan statistical areas with populations above 20,000), projects in high-unemployment areas, or infrastructure investments approved through the new RIA (Regional Investment Authority) framework.
These categories have their own visa pools and are not subject to the unreserved closure. Consulting with an immigration attorney familiar with EB-5 reserved categories can clarify which pathway applies to a specific investment profile.
Frequently Asked Questions
Does this affect EB-5 applicants from countries other than India?
No. The closure applies only to applicants chargeable to India. Investors from Mexico, the Philippines, China, and other countries can continue to pursue unreserved EB-5 visas.
Will the unreserved category definitely reopen on October 1, 2026?
Yes. The closure is tied to the fiscal year; new visas become available when fiscal year 2027 begins. However, demand may cause the allocation to be exhausted again quickly.
Can I switch from unreserved to a reserved EB-5 category?
Possibly, if your investment meets the criteria for rural, high-unemployment, or infrastructure set-asides. An immigration attorney can evaluate your specific investment.