The U.S. Department of State has confirmed that, as of June 5, 2026, all available immigrant visas in the EB-5 unreserved category have been issued for applicants chargeable to India for fiscal year (FY) 2026.
This development means that U.S. embassies and consulates are no longer able to issue EB-5 unreserved visas to Indian applicants for the remainder of the current fiscal year.
Background
The EB-5 Immigrant Investor Program is subject to annual numerical limits under the Immigration and Nationality Act (INA):
- EB-5 visas account for 7.1% of the total employment-based visa allocation
- Of these, approximately 68% are designated as “unreserved” visas
- A 7% per-country cap applies to all employment-based and family-sponsored visas combined
In addition, provisions under the EB-5 Reform and Integrity Act of 2022 allow certain unused visas from prior fiscal years to be carried forward into current allocations.
Impacts
With the FY 2026 limit now reached:
- No further EB-5 unreserved visas can be issued to Indian applicants this fiscal year
- Pending or newly approved cases must wait for visa availability
- Processing delays and visa backlogs may increase
Applicants may still proceed with other steps in the immigration process, but final visa issuance will be paused until new allocations become available.
What’s Next
Visa availability will reset with the start of the new fiscal year:
- FY 2027 begins on October 1, 2026
- Embassies and consulates may resume issuing EB-5 unreserved visas at that time, subject to demand and allocation limits
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.