Reviewed by Jane Katkova, Founder & Licensed CICC ConsultantThe US Department of State released its October 2026 Visa Bulletin at the end of September 2026. It is the first bulletin of fiscal year 2027, when the annual immigrant visa allocation resets. For EB-5 investors the main points are that all three reserved (set-aside) categories remain current for every country, and that the unreserved category for India has reopened with a later cut-off date.
EB-5 final action dates for October 2026
| Category | China | India | All other countries |
|---|---|---|---|
| Unreserved | 1 December 2016 (unchanged) | 1 December 2023 | Current |
| Rural set-aside (20%) | Current | Current | Current |
| High-unemployment set-aside (10%) | Current | Current | Current |
| Infrastructure set-aside (2%) | Current | Current | Current |
India's unreserved final action date advanced by 19 months, from 1 May 2022 to 1 December 2023. The category had been listed as unavailable in the closing months of fiscal year 2026, once that year's allocation was used.
Dates for filing
On the dates for filing chart, China's unreserved date moved forward by more than four years to 1 March 2021, while India's stayed at 1 May 2024. All other countries, and all set-aside categories, are current. The industry association IIUSA reports that USCIS will accept adjustment of status applications under the dates for filing chart in October; applicants should confirm this on the USCIS adjustment of status filing charts page before lodging Form I-485.
What this means for applicants
EB-5 visa queues follow the investor's country of chargeability, which is normally the country of birth and not the passport held. A Canadian citizen born in Canada is current in every EB-5 category and faces only USCIS processing time. A Canadian citizen or US resident born in mainland China or India is charged to that country, and for them the choice of category decides the timeline: a set-aside petition has a visa available as soon as it is approved, while an unreserved petition joins a queue measured in years.
A current category also allows an investor who is lawfully in the United States, for example in H-1B, L-1 or F-1 status, to file Form I-485 together with Form I-526E and to apply for work and travel authorisation while the petition is pending. The set-aside categories will not stay current indefinitely. The State Department can impose a cut-off date once demand from approved petitions exceeds the annual allocation, and it does so without advance notice. A second passport acquired through a Caribbean citizenship programme does not change chargeability.
Our EB-5 guide explains the rural, high-unemployment and infrastructure categories in detail. To assess which category fits your place of birth and current status, book a consultation with us.