The August Visa Bulletin, the second-to-last for fiscal year 2026, has kept the key EB-5 application and visa allocation dates unchanged for both the Unreserved and set-aside categories.
For EB-5 investors from Mainland China in the Unreserved category, the Final Action date remains December 1, 2016. This means that Chinese investors with priority dates on or before this calendar day can have their green card applications approved. This development is beneficial for families and helps protect dependent children from aging out of eligibility.
The filing date for Chinese applicants is still set for March 2017.
In contrast, the Final Action Date for Indian EB-5 investors continues unavailable due to high demand, meaning that no new green card approvals will occur until the beginning of the new fiscal year on October 1. The filing date for Indian Unreserved investors is currently May 1, 2024.
The importance of the Visa Bulletin for EB-5 applications
When these dates do not move, it generally indicates that there are no additional visa numbers available for that category in the given fiscal year. This can be due to high demand within that category, resulting in a backlog.
The Unreserved category includes EB-5 petitions submitted before the implementation of the 2022 EB-5 Reform and Integrity Act and those for projects outside of Targeted Employment Areas (TEAs).
The set-aside visas are reserved for foreign investors seeking U.S. green cards through the EB-5 visa program established by the EB-5 Reform and Integrity Act of 2022 (RIA) if they apply with Rural, High Unemployment Areas (HUAS) or Infrastructure projects.
All other countries remained current in both categories in August.
The monthly Visa Bulletin is a resource by the Department of State (DOS) that provides vital information on the availability of immigrant visa numbers for various immigration categories, including the employment-based EB-5 investor visa.
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