August 2026 Visa Bulletin: What Does It Mean for EB-5 Investors

Key takeaways

• In the August 2026 Visa Bulletin, all three EB-5 set-aside categories (rural, high unemployment, and infrastructure) are current for every country, including India and China.
• The EB-5 unreserved category is unavailable for India and sits at a cutoff of December 1, 2016 for China.
• For August 2026, USCIS requires employment-based applicants, including EB-5, to use the Final Action Dates chart to file adjustment of status.
• Two dates matter: September 30, 2026 (a filing deadline tied to grandfathering under the 2022 EB-5 law) and October 1, 2026 (the start of fiscal year 2027, when India’s unreserved line is expected to reopen).

Click here to view the UCSIS August 2026 Visa bulletin

What is EB-5?

EB-5 is a U.S. immigrant visa category that gives foreign nationals a path to a green card by investing in a job-creating U.S. project. The minimum investment is $800,000 for a project in a targeted employment area, which is a rural area or an area of high unemployment, and $1,050,000 for other projects. Each investment must create at least 10 full-time U.S. jobs.

What is the Visa Bulletin, and what do “current” and “unavailable” mean?

The Visa Bulletin is a monthly report from the U.S. Department of State that shows when a green card is available in each category and country. When a category is listed as “current” (shown as “C”), there is no wait. When it is listed as “unavailable” (shown as “U”), that category and country have used their visas for the fiscal year, so no one in that line moves until numbers return.

What is the difference between EB-5 set-aside and unreserved categories?

The EB-5 Reform and Integrity Act of 2022 created reserved, or set-aside, visa categories for three project types: rural (20 percent of EB-5 visas), high unemployment (10 percent), and infrastructure (2 percent). The remaining EB-5 visas sit in the older unreserved category. The set-aside categories have their own separate annual limits, which is why they can stay current for a country even when that country’s unreserved line is backlogged.

EB-5 Final Action Dates in the August 2026 Visa Bulletin

Source: U.S. Department of State, Visa Bulletin for August 2026, Final Action Dates for employment-based cases.

Is EB-5 available for Indian nationals in August 2026?

Yes, through the set-aside categories. An Indian national may invest in a rural, high-unemployment, or infrastructure project, all of which are current in the August 2026 Visa Bulletin. The EB-5 unreserved category is unavailable for India. The State Department has said India’s unreserved line is expected to stay unavailable through the end of fiscal year 2026 on September 30, 2026, then reopen when fiscal year 2027 begins.

What about EB-5 for Chinese nationals?

The set-aside categories are current for China as well, so a Chinese national may invest in a rural, high-unemployment, or infrastructure project without a visa wait right now. China’s unreserved category is not closed, but it sits at a cutoff of December 1, 2016, which is a long backlog.

Which chart applies to EB-5 adjustment of status in August 2026?

If you are already in the U.S., you apply for a green card through a step called adjustment of status, and each month USCIS decides which of the bulletin’s two charts applies. For August 2026, USCIS requires employment-based applicants, including EB-5, to use the Final Action Dates chart. On that chart, the set-aside categories are current for every country, so set-aside investors may file. India’s unreserved category is unavailable on that chart, so unreserved applicants born in India may not file this month. USCIS sets this each month, so confirm the current chart before filing.

Two EB-5 deadlines to know

September 30, 2026 is a planning deadline. Under the 2022 EB-5 law, investors who file by this date may be eligible for grandfathering protections. Preparing a filing often takes three to six months, because it includes source-of-funds paperwork, legal review, and project due diligence.

October 1, 2026 is the start of fiscal year 2027. India’s unreserved category is expected to reopen then, likely near a 2022 cutoff. This is a projection based on State Department guidance, not a promise, and it depends on demand.

What should investors do now?

Investors from India and China who want EB-5 without a visa wait may focus on set-aside projects, since those categories are current today. A qualified immigration attorney can confirm whether adjustment of status or consular processing fits your situation, and can review your timing against the September 30, 2026 deadline.

Frequently asked questions

Can Indian nationals apply for EB-5 in 2026?

Yes. Indian nationals may invest in an EB-5 set-aside project (rural, high unemployment, or infrastructure), which are current in the August 2026 Visa Bulletin. The EB-5 unreserved category is unavailable for India for the rest of fiscal year 2026.

What is the difference between EB-5 set-aside and unreserved visas?

Set-aside visas are reserved for rural, high-unemployment, and infrastructure projects and have their own annual limits. Unreserved visas are the general EB-5 pool. Set-aside categories can stay current for a country even when its unreserved line is backlogged.

Is EB-5 unreserved unavailable for India?

Yes. In the August 2026 Visa Bulletin, EB-5 unreserved is unavailable for India, and the State Department expects it to remain unavailable through September 30, 2026.

What is the EB-5 minimum investment in 2026?

The minimum is $800,000 for a project in a targeted employment area, which is a rural or high-unemployment area, and $1,050,000 for other projects.

When is the EB-5 grandfathering deadline?

September 30, 2026. Investors who file by this date may be eligible for grandfathering protections under the 2022 EB-5 law.

Which Visa Bulletin chart do I use to file EB-5 adjustment of status in August 2026?

USCIS requires employment-based applicants, including EB-5, to use the Final Action Dates chart for August 2026.