India's EB-5 Unreserved Visas Are Exhausted for FY2026 — Issuance Pauses Until October

What happened

On June 10, 2026, the State Department and USCIS announced that the Employment-Based Fifth Preference (EB-5) unreserved immigrant visas allocated to Indian nationals for fiscal year 2026 have been fully used, effective June 5, 2026. As the Department put it, "Embassies and consulates may not issue visas in these categories for the remainder of the fiscal year" — a pause that runs through September 30, 2026.

Why limits exist

EB-5 issuance is capped by statute. The Immigration and Nationality Act sets EB-5 at 7.1% of the worldwide employment-based limit, with 68% of that designated "unreserved," and INA 202(a)(2) caps any single country at 7% of total employment- and family-based visas. Strong demand from Indian investors against those caps is what drives the category to its annual ceiling.

Our analysis: what it means for applicants

For Indian EB-5 unreserved applicants, the immediate effect is a temporary stop, not a denial:

• Issuance resumes in FY2027. The annual limits reset on October 1, 2026, when consulates may again issue visas to qualified applicants. The wait is measured in months, not a loss of eligibility.
• No special relief was announced. Affected applicants are effectively in a holding pattern until the new fiscal year.
• Check the reserved set-asides. EB-5 also has reserved categories (rural, high-unemployment, infrastructure) with separate numbers; confirm which sub-category your case falls under, since availability can differ.

This pause echoes the broader per-country pressure we track in the monthly Visa Bulletin, where India routinely faces the longest employment-based backlogs. We will note when FY2027 numbers open.

Source

Original — US Department of State

This is original commentary based on the source below, not legal advice. Confirm details with the official source.