After EB-2, India’s country-by-country limit for the unreserved category of EB-5 has been reached in 2026. The annual limit will reset at the beginning of the new fiscal year (FY2027) on October 1, 2026. This means that India’s EB-5 unreserved immigrant visa category will remain unavailable until September 30. This year’s category limit was reached in the first week of June. Last month, EB-2 applications in India reached their limit.“The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued in a fiscal year. Specifically, INA 203(b)(5) sets the annual limit for EB-5 visas at 7.1% of the global employment limit, of which 68% applies to nonreserved visa categories (C5, T5, I5, R5, RU, NU). Additionally, the EB-5 Reform and Integrity Act of 2022 provides that unused EB-5 reserved visas in fiscal year 2024 may be used in the EB-5 non-reserved category in fiscal year 2026. Finally, INA 202(a)(2) provides that natives of any single country may not obtain more than 7% of the total number of employment visas and family sponsorship visas prorated among the different visa categories under INA 202(e). ” stated the U.S. Citizenship and Immigration Services.
EB-5 green card
The EB-5 green card program is designed to allow investors to obtain a green card in the United States by creating jobs. Under current USCIS regulations, EB-5 investors must invest at least $800,000 in targeted employment areas or infrastructure projects and must create at least 10 permanent, full-time jobs for U.S. workers.There are two categories of EB-5: reserved and unreserved. Rural projects and infrastructure projects fall under the reserved category while the rest of the projects fall under the unreserved category.For example, a hotel business may fall into the unreserved category.
Who is affected by the suspension of the EB-5 (Reserved) category?
Those who were supposed to receive such green cards in July, August and September are affected by the pause. They must now wait for their turn in the next financial year, which starts in October.The number of visas was exhausted just months before the end of the financial year, indicating an increase in the number of Indians getting green cards through this investment route. The waiting time for this visa category is approximately three to five years.EB-2 is the green card that many H-1B visa holders apply for, and demand in India is very high and wait times are understandably long. But the latest green card renewal shows that EB-5 is also in high demand.
