India EB-5 Unreserved Category Closed: 3 Critical Facts 2026

The question Indian families were asking earlier this year: has the EB-5 unreserved backlog for India finally started moving? It had. The Final Action Date advanced steadily through FY 2026. Demand from Indian investors grew with it. As of June 5, 2026, the India EB-5 unreserved category has issued every available visa for this fiscal year and is now closed until October 1, 2026. The question families are asking today is no longer how long the wait is. It is which path is still open right now.

What Closed in the India EB-5 Unreserved Category, and When

On June 5, 2026, the US State Department confirmed it had issued all available India EB-5 unreserved category visas for fiscal year 2026. Embassies and consulates cannot issue new visas in this category through September 30, 2026. USCIS cannot approve new adjustment of status applications in this category through the same date.

The annual limit resets October 1, 2026, when fiscal year 2027 begins. At that point, adjudications and visa issuance can resume.

One distinction families need to understand. If your case was current under the June 2026 Visa Bulletin before June 5, USCIS will still accept your adjustment of status filing (your green card application filed from within the US). What it cannot do is approve it. That approval waits until October 1 when a new visa number becomes available. This is a pause, not a rejection.

India’s Final Action Date in the unreserved category was May 1, 2022, per the June 2026 Visa Bulletin. The backlog moved faster this year than most observers projected. That speed cleared older priority dates. It also exhausted the annual supply for India before the fiscal year ended.

What Remains Open for Indian EB-5 Investors

All three EB-5 set-aside categories, Rural, High Unemployment Area (HUA), and Infrastructure, remain Current for India. Per the June 2026 Visa Bulletin, these categories are available to Indian investors with no waiting queue. The unreserved closure does not affect them.

This distinction is the entire decision for a family evaluating EB-5 today. Investors filing into a qualifying rural or HUA project do not face the unreserved category closure. Their pathway continues without interruption. The closure applies only to standard unreserved projects.

What “Set-Aside Current” Means in Practice

A rural project qualifies if it is outside a metropolitan statistical area with a population under 20,000. An HUA project qualifies if it is in an area with unemployment at least 150% of the national average. Both draw from visa pools that remain open to Indian investors right now.

For Indian families, the choice between rural and HUA is not about geography. It is about which visa pool your project draws from. For a detailed comparison, see the Rural vs HUA EB-5 guide for India in 2026. Demand in these categories is growing.

What This Means for Your Family

If your case was current in the June Visa Bulletin and you have already filed for adjustment of status: your filing stands. Approval waits until October 1. Confirm your filing was received before June 5.

If you have an approved I-526E petition (your EB-5 application filed with USCIS) and are waiting to proceed to a visa or adjustment of status: October 1 is the earliest date the category reopens. Plan for that window.

If you are still evaluating EB-5 and comparing projects: the source of funds planning process should begin now regardless of which route you choose. For families filing into the EB-5 programme as Indians already living in the US, the set-aside categories are the structured pathway that keeps your timeline out of the unreserved queue entirely.

Most families ask which project to choose. Smart families first ask which visa pool their chosen project draws from.

EB-5 for Indian families is no longer a question of which programme.

It is a question of which visa pool.

The unreserved category closed in June.

The set-aside categories remain open.

That difference, right now, is the entire decision.

Acquest Perspective

At Acquest Advisors, we have been watching the India unreserved numbers closely since January 2026, when the Final Action Date made an unexpected leap forward. The pace of number use signalled a potential closure before fiscal year end. This is not a surprise to families who were evaluating set-aside projects in parallel with unreserved ones.

The pattern we see consistently with clients: families who selected qualifying rural or HUA projects 12 to 18 months ago are moving through the process without interruption today. Families who chose unreserved projects face a three-month pause they did not plan for.

Project selection in EB-5 is not only about immigration compliance or financial track record. It is also about which visa category the project draws from, and whether that category will still be open when your I-526E is approved. Evaluating that requires the combined perspective of a chartered accountant, a banker, and an immigration specialist, because the risks span all three disciplines simultaneously. For a full evaluation framework, the EB-5 project red flags checklist and our guide on due diligence mistakes Indian investors make cover what to verify before capital moves.

The right question for families evaluating EB-5 right now: is the project you are considering drawing from a visa category that is available today, not just one that was available when the project was first marketed to you?

To understand how this affects your residency pathway, speak with an Acquest advisor.

About Acquest Advisors

Acquest Advisors is a trusted immigration consultant agency specializing in Business Immigration and Residency/Citizenship by investment programmes across the U.S., Europe, and the UAE.

Speak with Acquest Advisors to evaluate whether Dubai Golden Visa, EB-5, or a layered global mobility strategy is right for your family. Our advisory draws on a rare combination of chartered accounting, corporate banking, and immigration expertise — enabling structured Source of Funds planning and financial-grade EB-5 project due diligence. We provide comprehensive, end-to-end support including investment selection across projects, property, or business, documentation, business plan preparation, and foreign remittance guidance. Our dedicated team ensures a smooth and hassle-free immigration journey.

Frequently Asked Questions

What does it mean that the India EB-5 unreserved category is closed?

The State Department has issued all EB-5 unreserved visas allocated to India for fiscal year 2026. No new visas can be issued in this category, and no adjustment of status applications can be approved, until the annual limit resets on October 1, 2026. USCIS will still accept filings that were current under the June 2026 Visa Bulletin, but approvals are on hold until then. For the official announcement, see travel.state.gov.

Can I still apply for an EB-5 green card if the India EB-5 unreserved category is unavailable?

Yes, if your EB-5 investment is in a qualifying rural or High Unemployment Area project. All three EB-5 set-aside categories, Rural, HUA, and Infrastructure, remain Current for India in the June 2026 Visa Bulletin and are not affected by the unreserved closure. For Indian families evaluating EB-5 now, the set-aside route is the structured pathway that avoids this backlog entirely. How those categories apply to your specific project and profile requires a separate professional assessment.

When will the India EB-5 unreserved category reopen?

The annual limit resets with the start of fiscal year 2027 on October 1, 2026. At that point, the State Department and USCIS can resume issuing visas and approving adjustment of status applications in the India EB-5 unreserved category. India’s Final Action Date was May 1, 2022 per the June 2026 Visa Bulletin, and processing will resume from that priority date when the new fiscal year begins.

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