Free Live EB-5 Immigration Webinar
For H-1B · F-1 · E-2 · TN holders
Register free →For H-1B · F-1 · E-2 · TN holders
Register free →Your EB-2 India priority date is from 2013; you may have spent years waiting for a U.S. green card.. The October 2026 Visa Bulletin has finally made that cutoff into view, after nearly 13 years. Meanwhile, EB-5 has no visa-number wait for Indian-born investors in the EB-5 category, in three categories. Here is what that means, what it does not, and how to make a choice.
Yes, the October 2026 Visa Bulletin highlights a potential alternative: the EB-5 visa for Indian investors, particularly through rural, high-unemployment, and infrastructure set-aside categories. Unlike the employer-sponsored EB-2 and EB-3 pathways, eligible EB-5 investors can pursue permanent residence through a qualifying investment without employer sponsorship. Here is where India stands in the October 2026 Visa Bulletin:
| India Category | Final Action Date | Dates for Filing |
|---|---|---|
| EB-2 Visa | 1 Nov 2013 | 15 Jan 2015 |
| EB-3 Visa | 1 Jan 2014 | 15 Jan 2015 |
| EB-5 Visa Unreserved | 1 Dec 2023 | 1 May 2024 |
| EB-5 Visa Rural, High Unemployment, Infrastructure | Current | Current |
“Current” means visa numbers are available that month to every qualified applicant in that category. It does not mean automatic approval. You still need an approved I-526E, a documented source of funds, and a completed visa or adjustment step.
The EB-2 India backlog is a significant challenge for Indian professionals seeking U.S. permanent residence through employer-sponsored immigration. H-1B is a temporary visa, and its green card path runs through your employer: PERM labor certification, an I-140 petition, a long priority-date wait, then I-485 adjustment. Visa availability can be a major source of delay, even after an immigrant petition has been approved. Meanwhile, a layoff, job change, or child’s education stays tied to that process. A laid-off worker has a 60-day grace period, and the H-1B itself depends on a March lottery under an 85,000 annual cap. Davies & Associates says EB-2 and EB-3 India backlogs can exceed 10 to 15 years.
EB-5 flips the model: the investor, not an employer, files the petition.
| Factor | H-1B, then EB-2/EB-3 | EB-5 Set-Aside |
|---|---|---|
| Who petitions | Employer | You |
| India visa wait | Cutoff 2013 to 2014 | Current |
| Capital needed | None | $800,000 |
| Family | H-4 dependents | Spouse and children under 21 receive green cards |
The EB-5 Reform and Integrity Act of 2022 (RIA) reserves 32% of EB-5 visas: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure. The other 68% are unreserved, and that is where Indian demand piled up. The State Department confirmed that India used all its FY2026 unreserved EB-5 visas by 5 June 2026.
The cause is simple. Roughly 10,000 EB-5 visas are issued yearly worldwide, family included, and any country is capped at 7% of the combined family and employment limits. Each EB5 investor brings two to four family members, so one EB-5 petition can use three or more visa numbers. Davies warns that demand for the set-asides is rising, so they could develop backlogs later.
EB-5 timing has four parts: I-526E review, visa availability, adjustment of status or consular processing, and the conditional green card. Two clocks drive it:
To cut delays, choose a reserved category, file early (your priority date is your filing date) and check the Visa Bulletin monthly.
H-1B, F-1, and L-1 holders can pursue EB-5 while working, with proper legal review. Under the RIA, eligible applicants may use concurrent filing to submit Form I-485 alongside Form I-526E when a visa is immediately available, which can bring work authorization and travel permission while the petition is pending, per Acquest Advisors. In a current set-aside, that condition is met. Applicants abroad file the DS-260 and complete processing at the Mumbai consulate.
Right now, the minimum investment amount for the EB-5 Immigrant Investor Program is $800,000 for a targeted employment area (TEA) or infrastructure project. Anything else is $1,050,000.
On January 1, 2027, those numbers get adjusted for inflation, and projections put the TEA minimum somewhere near $937,500. USCIS filing fees go up even sooner, on November 30, 2026.
A petition filed before January 1 keeps today’s amount. Most investors find the paperwork takes longer than the money does.
That’s mostly a source of funds. Salary savings, a flat sold in Pune, a gift from your father- each one has to be traced step by step until it lands in the US investment.
The regional center program is authorized through 30 September 2027. The 30 September 2026 grandfathering deadline has passed, so petitions filed now may not be protected if Congress does not extend the program. Direct EB-5 does not depend on regional center authorization.
USCIS needs a lawful source, a traceable path from earning event to escrow, and capital kept at risk. A gap in any link can trigger an RFE, NOID or denial. Build a chain across four nodes: source of capital, accumulation, transfer between accounts, and final investment. Typical Indian sources and their core evidence:
The RBI’s Liberalised Remittance Scheme caps outward remittances at $250,000 per person per year. Forms A2, 15CA and 15CB, and FEMA compliance must match your SoF story. Have a U.S. attorney review the file before filing.
After five years as residents, your family can apply for citizenship.
The investor, spouse, and unmarried children under 21 are covered by one petition. Through the use of RIA and CSPA laws, your children will not age out, which is known as aging lock-in at the time of filing. If your child is approaching 21, seek legal advice early. Waiting until the end of the investment process may create avoidable complications.
The EB-5 program is “not ‘buying a green card'” because the RIA requires job creation, audits on the regional center, and a fee for the Integrity Fund. Nevertheless, there are risks involved. Capital is illiquid, projects might fail, and a single bad document might lead to an RFE. There is the possibility that set-asides may cause a backlog. Strong EB-1A candidates may move faster without capital, since EB-1 India sits at 1 February 2023.
Who is EB-5 for? The EB-5 program may be suitable for an H-1B engineer or physician who wants residency without the requirement of having an employer; those whose children are in the F-1 program or about to enter it would be appropriate, as well as business people who can verify the legitimacy of their investment.
Is EB-5 Current for Indian Investors in 2026?
According to the October 2026 Visa Bulletin figures used in this article, the rural, high-unemployment, and infrastructure set-aside categories are Current for India.
Does a Current EB-5 Category Mean Immediate Green Card Approval?
No. Current indicates visa-number availability under the applicable bulletin, not automatic approval. Investors must still satisfy the petition, investment, documentation, and subsequent immigration requirements.
Can I Apply for EB-5 While Working on an H-1B Visa?
Potentially, yes. An H-1B holder may pursue EB-5 while maintaining compliance with the applicable immigration rules. Eligibility to file Form I-485 concurrently depends on visa availability and other requirements.
Can I file EB-5 while my EB-2 is pending?
Yes. They’re separate cases, and filing one doesn’t cancel the other.
What is the minimum EB-5 investment for Indian investors?
$800,000 for TEA or infrastructure projects, until January 1, 2027. After that, it goes up with inflation.
What Is the EB-2 India Backlog Cutoff in October 2026?
The supplied October 2026 figures list the EB-2 India Final Action Date as November 1, 2013.
Can I Use a Loan, Gift, or Inheritance to Fund an EB-5 Investment?
Potentially, yes, if the funds meet applicable legal requirements and the investor can provide adequate documentation establishing their lawful source and path of transfer.
What Is the EB-5 Grandfathering Deadline?
The EB-5 Reform and Integrity Act contains specific grandfathering provisions for qualifying petitions filed on or before September 30, 2026. The implications for petitions filed after that date, including any subsequent legislative changes, should be verified against current law and official USCIS guidance.
Will the EB-5 India backlog get worse in the Future?
Yes. Demand can change, and reserved categories may develop backlogs. Applicants should monitor monthly Visa Bulletins and obtain advice before relying on current availability.
Shoora EB5 helps Indian investors and their families jump the EB-2 line to the EB-5 line. Shoora EB5 starts with where you are, meaning where you are in line (your priority date), your current status, and if a concurrent filing is appropriate for you.
Once they understand your situation, they explain the different types of USCIS set-aside projects in rural, high unemployment, and infrastructure areas, as well as the source of funds documentation, and where most of the delays occur.
Most importantly, Shoora EB5 prepares you to file before the deadline of January 1, 2027, so you don’t have to lose time and money because of a missed deadline.
Book a consultation with Shoora EB-5 to learn if EB-5 is appropriate for your specific case. This article is general information and not legal advice. Results are dependent upon your individual set of facts and the project you choose.
General information, not legal advice. Figures as of October 2026; Visa Bulletin dates change monthly.