EB-5 Visa Bulletin: October 2026

The Department of State publishes separate EB-5 lines for unreserved visas and each of the three reserved categories.

The table above is a dated October 2026 snapshot rather than a permanent statement of visa availability. The Department of State publishes a new Visa Bulletin each month, and EB-5 categories can move independently. A reader should first identify the bulletin month, then distinguish the unreserved line from the rural, high unemployment, and infrastructure set-asides. The country of chargeability also matters because the same EB-5 category may be current for most countries while a separate cutoff applies to mainland China or India. Any filing or final-action decision should use the bulletin actually in effect at that time.

Most chargeability areas are current in October 2026.

Mainland China has a December 1, 2016 Final Action Date and India has a December 1, 2023 Final Action Date.

Unreserved EB-5 is subject to the annual employment-based numerical limits and can develop separate cutoff dates for countries with greater demand. In the October 2026 bulletin, most listed chargeability areas are current, mainland China has a December 1, 2016 Final Action Date, and India has a December 1, 2023 Final Action Date. A listed date means visas are available for otherwise qualified applicants whose priority dates are earlier than that date. Because visa limits operate by fiscal year and demand changes, a backlogged category should be checked again in each later bulletin.

Rural, high unemployment, and infrastructure are current for all listed chargeability areas.

The rural, high unemployment, and infrastructure set-aside categories appear separately from EB-5 Unreserved in the Visa Bulletin. In October 2026, all three reserved categories are current for every listed chargeability area. Current means visa numbers are authorized for issuance to otherwise qualified applicants regardless of priority date within that category. Reserved classification does not waive the substantive EB-5 requirements, and a project must actually qualify for the particular set-aside being claimed. Future demand can also change visa availability, so a category shown as current in one month should not be assumed to remain current indefinitely.

For October 2026, China's EB-5 Unreserved Date for Filing is 01MAR21 (March 1, 2021), and India's is 01MAY24 (May 1, 2024).

The three set-aside categories are current.

The Dates for Filing chart serves a different function from the Final Action Dates chart. In October 2026, the EB-5 Unreserved Dates for Filing are March 1, 2021 for mainland China and May 1, 2024 for India, while the three reserved categories are current. A filing date can permit earlier document submission and, when USCIS authorizes use of that chart for employment-based adjustment filings, may determine whether Form I-485 can be filed. It does not mean permanent residence can be approved immediately. Final adjudication remains tied to visa availability under the applicable Final Action Dates framework.

Investors pursuing adjustment should check the current USCIS monthly filing-chart announcement in addition to the Department of State bulletin.

An investor pursuing adjustment of status should check both the Department of State Visa Bulletin and USCIS's monthly chart-selection announcement. The Visa Bulletin publishes Final Action Dates and Dates for Filing, but USCIS determines which employment-based chart adjustment applicants may use for Form I-485 filing in a particular month. That choice can affect filing eligibility even though the underlying priority date has not changed. The investor should confirm the priority date, country of chargeability, reserved or unreserved classification, and the chart USCIS has designated before filing. Visa availability must also exist when USCIS is ready to take final action on the application.

The Department of State specifically warns that increased EB-5 Unreserved demand may require further retrogression or unavailability.

Visa Bulletin movement reflects annual numerical limits, per-country limits, worldwide demand, reserved-category demand, and the Department of State's estimates of future visa use. A category may advance, remain unchanged, retrogress, or become unavailable. That is why a dated bulletin should be preserved as evidence of the conditions that existed when a filing decision was made but should not be reused automatically for a later decision. Investors should recheck the current bulletin before filing Form I-485, before immigrant visa issuance, and when a case is approaching final adjudication. Counsel should also distinguish changes in visa availability from changes in petition eligibility or project qualification.