The EB-5 green card category becomes unavailable to Indians in fiscal year 2026.
Post-EB-2, India’s per-state limit in the non-reserved EB-5 category has been reached for 2026. The annual limits will reset with the beginning of the new fiscal year (FY2027) on October 1, 2026.
This means that the EB-5 non-reserved immigrant visa category for India will remain unavailable until September 30. This year’s category cap was reached in the first week of June. Last month, India’s EB-2 program cap was reached.“The Immigration and Nationality Act (INA) limits the number of preferential employment-based immigrant visas that can be issued during a fiscal year. Specifically, INA 203(b)(5) states that the annual limit for EB-5 visas is 7.1 percent of the global employment limit, of which 68 percent is available for non-reserved visa categories (C5, T5, I5, R5, RU, NU).
Additionally, the EB-5 Reform and Fairness Act of 2022 provides that unused reserved EB-5 visas as of FY 2024 may be available in non-reserved EB-5 categories for FY 2026.
Finally, INA 202(a)(2) states that “nationals of any single foreign country may obtain no more than seven percent of the total employment-based and family-sponsored visas, which are apportioned among the different visa categories under INA 202(e).”
IP-5 Green card
The EB-5 Green Card program is for investors to obtain a green card in the United States by providing employment opportunities. Under current USCIS rule, EB-5 investors must invest at least $800,000 in a targeted employment area or infrastructure project and must create at least 10 permanent, full-time jobs for American workers.There are two categories in the EB-5 program: reserved and non-reserved. Rural projects and infrastructure projects are eligible for the reserved category and the rest fall in the unreserved category.
For example, a hotel business may fall under the non-reserved category.
Who is affected by the pause in the EB-5 (Reserved) category?
Those who were supposed to receive their green card in this category in July, August and September are affected by the pause. They will now have to wait for the next financial year, which begins in October, for their turn.The numbers of visas being exhausted months before the end of the financial year indicates a rise in the number of Indians getting green cards through this investment route. This visa category has a waiting time of three to five years.The EB-2 is the green card that many H-1B visa holders apply for, and demand from India is understandably very high, with a long wait time. But EB-5 demand is also high, the latest green card update indicates.
