The long-awaited October 2026 Visa Bulletin opens fiscal year 2027, and for EB-5 investors it is the most eventful bulletin in months. India’s unreserved category, unavailable since July, reopens with a Final Action Date of December 1, 2023. China’s Dates for Filing jumps four years, from March 1, 2017 to March 1, 2021. USCIS has also confirmed that employment-based applicants can use the Dates for Filing chart for adjustment of status this month, which widens the group of investors who can file an I-485 in October.
All three reserved set-aside categories (Rural, High Unemployment, and Infrastructure) remain current for every country.
In summary:
- India EB-5 unreserved reopens with a Final Action Date of December 1, 2023, after being unavailable since July
- China EB-5 unreserved Dates for Filing advances four years to March 1, 2021; the Final Action Date holds at December 1, 2016
- USCIS will accept the Dates for Filing chart (Chart B) for employment-based adjustment of status in October
- All EB-5 reserved categories remain current for all countries
- Several “Rest of World” employment-based categories retrogressed as FY 2027 began, including EB-2 and EB-3
EB-5 Unreserved Category: Final Action Dates
The biggest change this month is India. After the pro-rated limit was reached in July, India’s unreserved category spent the rest of FY 2026 marked Unavailable. With FY 2027 numbers now in play, the category reopens at December 1, 2023. That is well beyond the May 1, 2022 date India held before it closed.
Take this reopening as a fresh start, not a settled trend. Over the past fiscal year, India’s unreserved date went from a retrogression warning in May to Unavailable by July. The State Department notes that dates are being continually monitored as FY 2027 demand takes shape, and the same demand pressure that closed the category last year has not gone away.
China’s Final Action Date holds at December 1, 2016, unchanged from September.
All other countries remain current.
EB-5 Unreserved Category: Dates for Filing
China’s Dates for Filing moves from March 1, 2017 to March 1, 2021, a four-year jump and the largest single move in this chart in some time. India holds at May 1, 2024.
This matters more than usual because USCIS will accept Chart B for employment-based adjustment of status in October. In August, only Chart A applied.
In practice:
- China-born investors already in the U.S. with a priority date before March 1, 2021 may be able to file an I-485 this month, even though their Final Action Date is still years away. A pending I-485 lets you apply for work and travel authorization while you wait. For an investor on an H-1B or similar visa, that means less dependence on an employer to keep your status.
- India-born investors in the U.S. with a priority date before May 1, 2024 may likewise be able to file this month.
Please note this is not legal advice. Filing eligibility depends on your individual priority date and immigration status, so please review your situation with your immigration attorney before taking any action.
All other countries remain current.
EB-5 Reserved Categories Remain Current
All three reserved categories (Rural, High Unemployment, and Infrastructure) remain current for all countries in October 2026, as they have every month since the EB-5 Reform and Integrity Act set-aside structure took effect in 2022.
The unreserved category reopening for India does not change the comparison. An unreserved date can close again within the same fiscal year, as India saw in 2026. A current reserved category has no cut-off date to track at all. For investors from high-demand countries, rural and high-unemployment projects remain the most predictable path to visa availability, and rural projects also carry priority I-526E processing.
October is also the first month after the September 30, 2026 grandfathering deadline under the RIA. The Regional Center Program itself remains authorized through September 30, 2027, and the reserved set-asides continue to operate as before.
Broader Employment-Based Context
The new fiscal year brought movement across employment-based categories, not all of it forward. The State Department notes that some “Rest of World” categories retrogressed to keep issuances within FY 2027 quarterly and annual limits. EB-2 for all chargeability areas moves from current to January 1, 2025, and EB-3 moves back from September 1, 2024 to May 15, 2024.
For India, EB-2 reopens at November 1, 2013 after being unavailable for most of the summer, and EB-1 advances to February 1, 2023. For China, EB-2 advances one month to October 1, 2021, while EB-1 holds at July 1, 2023.
EB-5 has its own separate annual allocation, so these movements do not directly affect EB-5 dates. But for H-1B professionals comparing EB-2 NIW or EB-3 with EB-5, the picture is the same one we saw last year. The employment-based categories they would otherwise rely on are either decades behind for India or now retrogressing even for Rest of World applicants. The EB-5 reserved categories are current for everyone.
What This Means for Investors
- If you’re China-born and already in the U.S.: check whether your priority date falls before March 1, 2021. If it does, October may be your first chance to file an I-485 and apply for work and travel permits while you wait.
- If you’re India-born and weighing the unreserved category: the reopening gives you room again, but last year’s closure is a reminder that an open date can close within the same fiscal year.
- If you’re still choosing a project: the reserved categories remain the one part of the bulletin that hasn’t needed watching. Rural projects add priority I-526E processing on top of that.
- If you’re comparing EB-5 with EB-2 or EB-3: those categories started FY 2027 by retrogressing for Rest of World applicants, while EB-5 reserved categories stayed current for everyone.
Rural EB-5 Offerings from EB-5 Coast to Coast
The start of a new fiscal year is a natural point to review your EB-5 strategy. EB5 Coast to Coast’s current open offerings are All Points North in Colorado, The Pines of Grass Valley in Northern California, and Fidium Rural Broadband in Northern New England. All are rural TEA projects that give investors reserved-category visa access and priority I-526E processing.
We invite you to schedule a consultation with our team to discuss how these offerings may align with your immigration and investment goals.
Disclaimer: This update is provided for informational purposes only and does not constitute legal or investment advice. Visa availability is subject to change, and individual circumstances may vary. Prospective investors should consult with qualified immigration counsel and review all offering documents before making any investment decision.
