EB-5 Visa Availability and the October 2026 Visa Bulletin

Department of State publishes separate Final Action Dates and Dates for Filing charts.

USCIS separately announces which chart employment-based adjustment applicants may use for filing.

EB-5 visa availability is a monthly numerical allocation question that is separate from whether the investor petition itself is approvable. The Department of State publishes Final Action Dates and Dates for Filing, while USCIS separately announces which employment based chart adjustment applicants may use for a particular month. Investors should identify the bulletin month, country of chargeability, priority date, and reserved or unreserved category before relying on a chart. A page or memorandum describing an earlier month should be treated as a dated snapshot because category status and cutoff dates can advance, retrogress, or become unavailable as annual demand changes.

As of October 2026, unreserved EB-5 is current for most chargeability areas, with a December 1, 2016 Final Action Date for mainland China and a December 1, 2023 Final Action Date for India.

Unreserved EB-5 can have different cutoff dates for mainland China, India, and the rest of the world depending on demand. An unreserved investor should compare the priority date with the applicable Final Action Date for final approval and, where relevant, the Dates for Filing chart for earlier procedural filing. Country of chargeability is generally based on place of birth rather than citizenship or residence, subject to cross chargeability rules. Petition approval does not eliminate the numerical limit. A case may therefore remain pending after approval if the investor's unreserved category is not current or the priority date is not yet earlier than the controlling cutoff.

Rural, high unemployment, and infrastructure categories are all current for all listed countries in the October 2026 Final Action Dates chart.

The rural, high unemployment, and infrastructure set aside categories have separate Visa Bulletin lines created by the Reform and Integrity Act. A project must actually qualify for the reserved classification being claimed; an investor cannot use a more favorable set aside line merely because it is current. Reserved categories can also develop cutoff dates if demand rises. The petition, Form I-956F where applicable, and project evidence should consistently identify the category. Visa planning should then use that exact line, the investor's chargeability, and current monthly data rather than assuming that all EB-5 investors share the same availability.

For October 2026, the EB-5 Unreserved Dates for Filing are 01MAR21 for mainland China and 01MAY24 for India. The three set-aside categories are current.

A category may permit submission of immigrant visa documents or adjustment applications before a visa can be finally issued.

The Dates for Filing chart and Final Action Dates chart serve different purposes. A Dates for Filing cutoff can permit submission of immigrant visa documents and, when USCIS authorizes that chart for employment based adjustment filings, may permit Form I-485 filing before final visa issuance is possible. Final approval still depends on visa availability under the governing final action framework. Adjustment applicants must check the USCIS chart selection page in addition to the Department of State bulletin. Consular applicants should follow NVC instructions. Filing eligibility should therefore be distinguished from final adjudication so a pending application is not mistaken for an immediately available immigrant visa.

The October 2026 bulletin illustrates why visa availability must be reviewed each month: India unreserved now has a December 1, 2023 Final Action Date as the new federal fiscal year begins.

Retrogression occurs when demand requires the Department of State to move a cutoff date backward, and a category may also become unavailable when the annual or per country allocation is exhausted. A case properly filed while a visa was available can remain pending if numbers later retrogress before final action. Retrogression does not ordinarily erase the priority date or underlying petition approval, but it can delay adjustment approval or immigrant visa issuance. Because the federal fiscal year resets annual numbers, category status can also change sharply between fiscal years. Investors should monitor each monthly bulletin until permanent residence is actually granted.

• Country of chargeability
• Priority date
• Reserved or unreserved category
• Final Action Dates
• Dates for Filing
• USCIS filing-chart announcement

Before making a filing or travel decision tied to visa availability, confirm the bulletin rather than relying on a prior snapshot. The review should identify country of chargeability, priority date, reserved or unreserved classification, the Final Action Dates chart, the Dates for Filing chart, and the USCIS chart selection announcement for adjustment applicants. Counsel should also verify whether any derivative family member relies on cross chargeability or Child Status Protection Act timing. Saving the bulletin and USCIS announcement used for a filing creates a clear record of why the application was considered eligible when submitted and helps explain later retrogression if the case remains pending.