The US State Department has released the visa bulletin for May 2026 which has flagged a potential concern for Indian applicants under the EB-5 category.
According to the bulletin, the situation is being closely monitored due to higher usage of visas in the EB-5 unreserved category by applicants from India. This may force the US government to slow it down or temporarily stop issuing visas once the yearly limit is reached.
“Sufficient demand and increased number use by India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category unavailable to hold number use within the maximum allowed under the FY 2026 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly,” the bulletin noted.
The EB-5 programme allows foreign investors to apply for a US green card by putting capital into a new commercial enterprise in the country. Applicants have to ensure that their investment creates at least 10 full-time jobs for people in the US. The programme is administered by the US Citizenship and Immigration Services (USCIS) and is currently authorised through September 30, 2027.
Under the scheme, the minimum investment requirement is $800,000 for projects located in Targeted Employment Areas (TEAs) or rural regions, while investments in other locations require at least $1,050,000.
As per the latest bulletin, the Final Action Date for EB-5 applicants from India is May 1, 2022. This means that if an applicant's priority date is earlier than the cut-off listed in the chart, it means their visa number is available. This allows them to proceed to the final stage of the process which includes approval of Adjustment of Status (Form I-485) or a consular interview.
In the latest bulletin, the Final Action Date for EB-1 for India remains unchanged, that is April 1, 2023. For EB-2, it is July 15, 2014 while EB-3 stands at November 15, 2013.
While EB-1 is typically reserved for individuals with extraordinary ability and priority workers, EB-2 caters to those with advanced degrees and EB-3 applies to skilled workers and professionals.
Although there was some forward movement in EB-2 and EB-3 categories in the previous bulletin, the dates have remained unchanged this month.
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