The May 2026 US Visa Bulletin carries a rare, explicit warning that the EB-5 immigrant-investor category for India could soon become subject to a cut-off date—or even become “unavailable”—if demand continues to exceed the annual quota. Business Standard notes that India already accounts for roughly 22 percent of worldwide EB-5 filings since 2022, second only to China. Retrogression would end the current advantage that allows Indian investors already in the US to file EB-5 petitions and concurrent adjustment-of-status applications, gaining work authorisation within months. Lawyers at Davies & Associates and CSG Law told the paper that any cut-off could come as early as June, making the next two Visa Bulletins critical for those hoping to secure a green card before the 30 September 2026 “grandfathering” deadline set in statute. Indian demand has spiked since the H-1B fee hike, 540-day H-4 EAD rollback and introduction of a weighted H-1B selection system—all of which have lengthened traditional employment-based paths to permanent residence. FOIA data show Indian EB-5 petitions leapt from 1,200 in FY 2023 to more than 3,000 in FY 2025, with many filed by mid-career professionals converting stock options into the required US$800,000 investment. If retrogression is imposed, new investors would still be able to file I-526E petitions but could no longer submit adjustment applications simultaneously, losing the stopgap work permit that makes EB-5 attractive to H-1B holders facing status expiry. Attorneys therefore urge would-be applicants to finalise source-of-funds documentation and file in the Reserved (Rural/High-Unemployment/Infrastructure) sub-categories, which remain “Current,” before a possible June announcement.
Source: Business Standard
