The Trump administration has exhausted the annual supply of investor green cards available to Indian nationals under a key employment-based immigration category, temporarily halting new visa issuances for the remainder of the fiscal year. The U.S. State Department said in a notice published on June 10 that all available immigrant visas in the Employment-Based Fifth Preference, or EB-5, unreserved category for applicants chargeable to India had been issued as of June 5.
What changed
U.S. embassies and consulates cannot issue additional visas in that category to Indian applicants until the start of fiscal year 2027 on October 1, when annual visa allocations reset. The pause applies specifically to unreserved EB-5 categories—the traditional pathways that account for most investor allocations.
The current pause affects only unreserved categories — C5, T5, I5, R5, RU and NU — which account for most traditional EB-5 allocations. The restriction is rooted in US immigration law rather than a policy change directed at India. Under the Immigration and Nationality Act, employment-based immigrant visas are capped annually.
Why it matters
If you represent an Indian investor client in the EB-5 space, this has immediate consequences:
- Filing window is closed. New EB-5 applications for Indian nationals cannot receive visa numbers until October 1. Any I-485 petition filed now will not reach consular processing or final adjustment before the cap resets.
- Reserved categories may still be available. The freeze does not affect reserved visa categories under the EB-5 Reform and Integrity Act—rural set-asides, high unemployment areas, or infrastructure projects. Counsel should explore whether a client’s project qualifies for a reserved allocation.
- Timing pressure remains real. This announcement fulfills earlier warnings from the State Department in the May 2026 visa bulletin, which noted increasing demand, including from Indian applicants, and warned that this could lead to retrogression, a situation in which cut-off dates move backward or visas become temporarily unavailable as demand exceeds supply.
Way forward
- Verify project eligibility. Check whether your client’s investment targets a rural Targeted Employment Area (TEA), high-unemployment area, or infrastructure project. Reserved visas may still be available under the EB-5 Reform and Integrity Act.
- Do not file speculatively. A Form I-526 or I-526E petition filed between June 5 and September 30 for an unreserved category will languish without a visa number. Wait until October 1, or pivot to a reserved category now.
- Consult the State Department’s Visa Bulletin. Check the official State Department EB-5 Visa Bulletin for current unreserved cut-off dates and reserved category status.
- Advise clients on alternatives. If an unreserved EB-5 is the only pathway and timing is critical, discuss whether F-1 student visa, L-1 intracompany transfer, or other employment-based categories (EB-1, EB-2, EB-3) might work, recognizing that those face their own per-country backlogs.
Disclaimer
This article summarizes information from the State Department announcement but does not constitute legal advice. Immigration policy can change without notice, and individual circumstances vary widely. Consult a licensed immigration attorney to evaluate your specific situation and verify all guidance against the primary source linked above. We are a software company, not a law firm.