For most of the last fiscal year, the answer to “when can an Indian EB-5 Unreserved investor be approved?” was simple and unwelcome: not this month. The category was listed as unavailable.
The October 2026 Visa Bulletin, the first of fiscal year 2027, changes that. India’s EB-5 Unreserved category has a Final Action Date again: December 1, 2023.
The category is open again. It is not current, and the difference matters.
Key Takeaways: October 2026
- India EB-5 Unreserved Final Action Date: December 1, 2023 (September: unavailable).
- India EB-5 Unreserved Date for Filing: May 1, 2024 (unchanged from September).
- Rural, High Unemployment and Infrastructure set-asides: current for all countries.
- USCIS says employment-based adjustment applicants must use the Dates for Filing chart in October 2026.
- The State Department says demand is being continually monitored, so movement is not guaranteed.
Every October the State Department receives a new year of immigrant visa numbers. That is why the first bulletin of a fiscal year often looks different from the last bulletin of the previous one. Categories that were exhausted in August and September can reopen, and categories that advanced too far can be pulled back.
For Indian physicians and dentists on H-1B status, this bulletin is worth reading closely. It affects investors who have been waiting in the Unreserved queue, investors deciding between a set-aside project and an Unreserved project, and doctors already in the United States who may be able to file for adjustment of status this month.
What the October 2026 Bulletin Shows for EB-5
The bulletin publishes two charts for each category. The Final Action Date chart controls when a green card can actually be approved. The Dates for Filing chart controls when an applicant may submit the final-stage application, if USCIS or the National Visa Center allows that chart to be used.
EB-5 Final Action Dates, October 2026
| Category | All Other Countries | China (mainland born) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| 5th Unreserved | C | 01DEC16 | 01DEC23 | C | C |
| Rural (20%) | C | C | C | C | C |
| High Unemployment (10%) | C | C | C | C | C |
| Infrastructure (2%) | C | C | C | C | C |
EB-5 Dates for Filing, October 2026
| Category | All Other Countries | China (mainland born) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| 5th Unreserved | C | 01MAR21 | 01MAY24 | C | C |
| Rural (20%) | C | C | C | C | C |
| High Unemployment (10%) | C | C | C | C | C |
| Infrastructure (2%) | C | C | C | C | C |
“C” means current: a visa number is available regardless of priority date. A date means the category is oversubscribed, and only applicants with a priority date earlier than the listed date can move forward.
India Unreserved: From Unavailable to December 1, 2023
In the September 2026 bulletin, India’s EB-5 Unreserved Final Action Date was listed as unavailable. No Indian Unreserved investor could receive final approval of a green card that month, regardless of how early the I-526 or I-526E was filed.
In October, the Final Action Date is December 1, 2023. An Indian Unreserved investor whose priority date is earlier than December 1, 2023 is now eligible for a visa number, provided the petition is approved and the rest of the case is in order.
A restored Final Action Date does not mean India Unreserved is current.
It means investors with priority dates before December 1, 2023 can be approved. Everyone else still waits.
Your priority date is generally the date USCIS received your I-526 or I-526E petition. If you are not sure what yours is, it appears on the receipt notice. That single date determines where you stand on both charts.
Date for Filing Holds at May 1, 2024
India’s Unreserved Date for Filing did not move. It was May 1, 2024 in September and it is May 1, 2024 in October. The change this month is on the approval side, not the filing side.
That creates three groups of Indian Unreserved investors this month:
- Priority date before December 1, 2023: inside both charts. You may file, and a visa number is available for approval.
- Priority date from December 1, 2023 up to (not including) May 1, 2024: inside the filing chart only. You may be able to file, but approval waits for the Final Action Date to advance.
- Priority date on or after May 1, 2024: outside both charts for now.
USCIS Is Using the Dates for Filing Chart in October
The bulletin publishes the charts, but USCIS decides which chart governs adjustment of status inside the United States each month. On its Adjustment of Status Filing Charts page, USCIS states that employment-based applicants must use the Dates for Filing chart in October 2026.
For an Indian physician already in the U.S. on H-1B, that is significant. If your Unreserved priority date is earlier than May 1, 2024, you may be able to file Form I-485 this month, even though final approval still depends on the December 1, 2023 Final Action Date.
Filing an I-485 can bring practical benefits while the case is pending, including the ability to apply for an employment authorization document and advance parole. Whether those benefits make sense for you, and how they interact with your H-1B, is a question for your immigration attorney.
Important Filing Reminder
- USCIS can change which chart it uses from month to month. October’s chart choice does not carry forward automatically.
- Check the USCIS Adjustment of Status Filing Charts page each month before filing.
- A filing date is not an approval date. Plan for the gap between them.
The Set-Asides Remain Current
The Rural (20%), High Unemployment (10%) and Infrastructure (2%) set-aside categories remain current for every country on both charts, including India.
That has been the steady pattern for Indian investors, and it continues to shape project selection. An investor in a qualifying rural project with an approved petition does not currently face a priority-date wait in the visa bulletin.
India EB-5 at a glance, October 2026
| Category | Final Action Date | Date for Filing |
|---|---|---|
| Unreserved | December 1, 2023 | May 1, 2024 |
| Rural | Current | Current |
| High Unemployment | Current | Current |
| Infrastructure | Current | Current |
Current today is not a promise for the future. The set-asides are a share of a fixed annual number. If demand rises enough, they can develop a cutoff date like any other category.
Why the New Fiscal Year Reset the Chart
The State Department allots EB-5 numbers on a fiscal year that runs from October 1 to September 30. The fifth preference receives 7.1% of the worldwide employment-based level. Of that, 20% is reserved for rural investment, 10% for high unemployment areas and 2% for infrastructure. The remaining 68% is Unreserved.
India’s Unreserved demand ran ahead of the numbers available late in fiscal year 2026, which is why the category was unavailable in September. With fiscal year 2027 numbers now available, the State Department has set a Final Action Date it believes it can support.
“This situation is being continually monitored, and any necessary adjustments will be made accordingly.” (U.S. Department of State, October 2026 Visa Bulletin)
That language appears in the bulletin’s note on fiscal year 2027 availability. The bulletin also notes that some employment-based categories for “Rest of World” countries retrogressed this month to stay within quarterly and annual limits. EB-5 was not among them, but the note is a reminder that October dates can move in either direction during the year.
What This Means for Existing Indian Investors
If you have already filed an I-526 or I-526E, your next steps depend on your priority date and your location.
- Confirm your exact priority date from your receipt notice.
- Compare it against both India Unreserved dates: December 1, 2023 and May 1, 2024.
- If you are in the U.S. and your date is before May 1, 2024, ask your attorney whether to file I-485 in October.
- If you are consular processing, follow National Visa Center instructions, which follow their own chart rules.
- Keep your source-of-funds and job-creation records current. Approval reviews the whole case, not just the date.
If your priority date falls before December 1, 2023 and your petition is approved, this is the first month in a while that final approval is possible. Talk to your attorney about timing now rather than waiting to see whether the date holds.
What This Means for Prospective Investors
If you have not yet filed, the October bulletin does not change the basic decision, but it sharpens it.
- Unreserved projects: a new Indian filing today would receive a 2026 priority date, well behind both Unreserved cutoffs. Expect a wait that the bulletin cannot yet predict.
- Set-aside projects: currently show no visa bulletin wait for India. Project qualification, due diligence and capital structure still come first.
- Category follows the project: whether you are Rural, High Unemployment or Unreserved depends on the project you invest in, so review the project before you choose it.
The visa bulletin tells you about the queue.
It does not tell you whether a project is sound. Both questions need an answer.
Two Other Dates on the Calendar
USCIS EB-5 fees change on November 30, 2026
USCIS has finalized a new EB-5 fee schedule, effective for filings postmarked on or after November 30, 2026. Form I-526E rises from $3,675 to $7,850, Form I-526 from $3,675 to $7,615, and Form I-829 from $3,750 to $5,000. Filings postmarked before November 30 pay the current fees. Source: USCIS alert of September 29, 2026 and the final rule published in the Federal Register on September 30, 2026.
USCIS also announced small inflation adjustments to certain other fees effective October 16, 2026. Those cover categories such as asylum, parole, Temporary Protected Status and related work permits. They do not change EB-5 petition fees.
Investment amounts adjust on January 1, 2027
Under the EB-5 Reform and Integrity Act of 2022, the $1,050,000 standard and $800,000 targeted employment area investment amounts are scheduled for an inflation adjustment on January 1, 2027, for petitions filed on or after that date. The Department of Homeland Security has not yet published the new amounts. We will report them when they are official and will not rely on estimates.
What to Watch in the November Bulletin
- Whether India’s Unreserved Final Action Date holds at December 1, 2023, advances or retrogresses.
- Whether the India Date for Filing moves from May 1, 2024.
- Whether the set-asides remain current for India.
- Which chart USCIS designates for employment-based adjustment filings in November.
We will publish a full breakdown when the November 2026 bulletin is released.
Not Sure Where Your Priority Date Stands?
The October bulletin creates real options for some Indian investors and none yet for others. The difference usually comes down to one date on a receipt notice and one decision about project category.
EB5 Doctors works with Indian physicians and dentists on EB-5 planning, from project selection to timing your filings around the bulletin. Call or WhatsApp: +1-252-501-1400.
Get started today at www.eb5doctors.com or book a call today.
