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EB-5 India Visa Bulletin: Unreserved and set-aside categories

EB-5 India Visa Bulletin: Unreserved and set-aside categories

The EB-5 India Visa Bulletin separates unreserved investor visas from rural, high-unemployment and infrastructure set-asides. Indian applicants can face a cut-off date in the unreserved category while reserved categories remain current.

The EB-5 India Visa Bulletin can look different from other employment-based green card categories because EB-5 visas are divided between unreserved visas and several set-aside categories.

For Indian investors, that distinction matters because the unreserved category can develop a backlog and receive a cut-off date even while the reserved categories remain current.

What is the EB-5 unreserved category?

The Employment-Based Fifth Preference, or EB-5, is an immigrant investor category.

Under current law, 68% of EB-5 visa numbers are unreserved. The remaining 32% are reserved for qualifying investments in specifically designated categories.

The unreserved category includes several classification codes and covers qualifying EB-5 cases that are not using one of the reserved visa pools.

What are EB-5 set-aside visas?

The EB-5 Reform and Integrity Act created three reserved visa pools within the annual EB-5 allocation.

Of the total EB-5 numbers, 20% are reserved for qualifying rural investments, 10% for qualifying high-unemployment-area investments and 2% for qualifying infrastructure projects.

Because these categories have separate allocations, their Visa Bulletin status can differ from the unreserved category.

Why does EB-5 India have a priority-date backlog?

Demand from Indian applicants can exceed the visa numbers available to India in the unreserved EB-5 category.

The State Department announced on June 10, 2026, that India had reached its FY 2026 EB-5 unreserved allocation. It said all available unreserved EB-5 immigrant visas for applicants chargeable to India had been used, preventing additional issuance in that category for the remainder of the fiscal year.

Visa numbers became available again when fiscal year 2027 began on October 1, 2026.

What does the October 2026 Visa Bulletin show?

For October 2026, India’s EB-5 unreserved Final Action Date is December 1, 2023.

Under the Dates for Filing chart, India’s EB-5 unreserved date is May 1, 2024.

By comparison, the rural, high-unemployment and infrastructure set-aside categories are listed as current for India. A “C” designation means visa numbers are authorized for qualified applicants regardless of priority date, subject to other eligibility and processing requirements.

Why can unreserved and set-aside dates differ?

Each EB-5 visa pool is managed according to its own available numbers and demand.

High demand in the unreserved category can cause a Final Action Date to retrogress or the category to become unavailable. The State Department warned during FY 2026 that heavy India EB-5 unreserved demand could require such action, and India ultimately reached its annual allocation.

Reserved categories can remain current when demand has not yet required a cut-off date.

What Indian EB-5 applicants should monitor

Applicants should identify which EB-5 category applies to their petition and monitor both their priority date and the monthly Visa Bulletin.

They should also distinguish between Final Action Dates and Dates for Filing. A category being current for filing or having a favorable filing date does not by itself guarantee immediate final green card approval.

Because EB-5 demand can change during the fiscal year, applicants should continue checking State Department Visa Bulletin updates and USCIS filing guidance before taking the next procedural step.

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