The United States has reached its annual limit for EB-5 “unreserved” immigrant visas for applicants chargeable to India, halting further issuances in the category for the remainder of fiscal year 2026, according to the US Department of State.
In an update, the State Department confirmed that as of June 5, all available EB-5 unreserved visas allocated to Indian nationals had already been issued. As a result, US embassies and consulates are no longer able to issue additional visas in this category until the new fiscal year begins.
What the State Department said
The US Department of State, working alongside US Citizenship and Immigration Services (USCIS), said the exhaustion of the quota is governed by statutory limits under immigration law.
Under the Immigration and Nationality Act (INA), employment-based immigrant visas are capped each fiscal year. The EB-5 category receives 7.1% of the worldwide employment-based visa limit, with 68% allocated to “unreserved” categories including C5, T5, I5, R5, RU and NU.
The department also said unused reserved visas from FY2024 were added to FY2026 allocations under the EB-5 Reform and Integrity Act of 2022. However, demand from Indian applicants still exceeded the available quota.
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Impact on Indian applicants
The pause is also linked to country-wise visa limits under US immigration law.
Under INA 202(a)(2), no single country can receive more than 7% of total employment-based and family-sponsored immigrant visas in a year.
Since demand for EB-5 visas from Indian applicants has remained high, India’s quota was exhausted earlier than many other countries. Once the annual limit is reached, no more visas can be issued in that category for the rest of the fiscal year.
What happens next and why October matters
According to the State Department, the pause is temporary and linked to the US fiscal calendar.
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“Since all available EB-5 unreserved visas for applicants chargeable to India in FY 2026 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year,” the department said.
Visa issuance will resume at the start of fiscal year 2027 on October 1, 2026, when new annual allocations become available and embassies can begin processing eligible EB-5 applications again.