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On June 10, 2026, the State Department (DOS) issued a press release announcing that all available immigrant visas in the EB-5 unreserved category have been issued to applicants chargeable to India for fiscal year (FY) 2026.
The Immigration and Nationality Act (INA) places a cap on the number of employment-based immigrant visas that can be issued each fiscal year.
INA 203(b)(5) states that the annual limit for EB-5 visas is 7.1% of the worldwide employment limit. Of this total, 68% is allocated to unreserved visa categories, including C5, T5, I5, R5, RU, and NU.
INA 202(a)(2) states that no more than 7% of the total employment-based and family-sponsored visas can be allocated to natives of any single foreign country. This allocation is distributed among the various visa categories under INA 202(e).
The EB-5 Reform and Integrity Act of 2022 (RIA 2022) specifies that unused EB-5 reserved visas from FY 2024 may be allocated to the EB-5 unreserved categories for FY 2026.
As all available EB-5 unreserved visas for applicants from India for FY 2026 have been used, embassies and consulates may not be able to issue visas in this category for the remainder of the fiscal year. The annual limits will reset at the beginning of the new fiscal year, FY 2027, on October 1, 2026. At that time, embassies and consulates may resume issuing immigrant visas in this category to eligible applicants.
The current priority date cut-off for India in the Unreserved category is May 1, 2022, for June 2026. (see June 2026 Visa Bulletin, Table A – Final Action Dates).
Today’s announcement follows a similar statement regarding the Indian per-country cap reached in the EB-2 category, which was released on May 22, 2026.
