India EB-5 Unreserved: Closed, With a Set-Aside Exit
Published 2026-08-08 · Sources: U.S. Department of State Visa Bulletin, USCIS
Photo: Luca Bravo via UnsplashThe eb5 india unreserved retrogression is now complete. After holding at 01MAY22 through early 2026, the category retrogressed to U (Unavailable) by the July 2026 bulletin and stayed there in August. For an India-born investor in the unreserved pool, the line is simply closed. The one door that stays open is the EB-5 set-aside program, which sits outside the per-country backlog.
Verified India unreserved EB-5 Final Action Dates
| Bulletin | India EB-5 (Unreserved) Final Action Date |
|---|---|
| Aug 2024 | 01DEC20 |
| Jan 2025 | 01JAN22 |
| Jul 2025 | 01MAY19 |
| Aug 2025 | 15NOV19 |
| Jan 2026 | 01MAY22 |
| Mar 2026 | 01MAY22 |
| May 2026 | 01MAY22 |
| Jul 2026 | U (Unavailable) |
| Aug 2026 | U (Unavailable) |
The India unreserved EB-5 cutoff swung inside a 2019–2022 band before closing outright. The jump from 01MAY22 in May to U in July is a textbook retrogression: the year’s numbers for the category were spent.
The set-aside escape
Under the EB-5 Reform and Integrity Act of 2022, a fixed share of EB-5 visas is reserved each year and is exempt from the per-country backlog:
An eligible India investor who qualifies under a reserved category — rural, high-unemployment, or infrastructure — is not bound by the U status on the unreserved line. That exemption is the difference between a frozen case and one that can actually move.
Investment amounts (2022 Act)
For new EB-5 filings the statutory minimums are $1,050,000 standard and $800,000 for a Targeted Employment Area (TEA). These apply to both reserved and unreserved investments.
Frequently Asked Questions
What is the India unreserved EB-5 status in August 2026?
In the August 2026 Visa Bulletin, India unreserved EB-5 is listed as U (Unavailable). No India unreserved EB-5 priority dates are current that month.
How did India EB-5 move before closing?
Verified cutoffs ran 01DEC20 (Aug 2024), 01JAN22 (Jan 2025), 01MAY19 (Jul 2025), 15NOV19 (Aug 2025), and 01MAY22 (Jan–May 2026), then retrogressed to U by Jul 2026. See the table above.
Why did India unreserved EB-5 close?
The unreserved pool is subject to the 7% per-country cap. After holding at 01MAY22 through early 2026, demand exhausted the available India numbers for the year, closing the category (U) in Jul 2026.
What is the EB-5 set-aside escape?
Under the 2022 EB-5 Reform and Integrity Act, set-aside visas — 20% rural, 10% high-unemployment, 2% infrastructure — are exempt from the per-country backlog, so eligible India investors can avoid the U status.
What are the EB-5 investment amounts?
Per the 2022 Act, the standard EB-5 investment is $1,050,000 and $800,000 for a Targeted Employment Area (TEA). These are the statutory amounts for new filings.