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The May 2026 Visa Bulletin has been released by the U.S. Department of State, providing the latest update on EB-5 visa availability across categories.

Overall, the position remains stable, with the program continuing to offer a clear pathway to U.S. residency. However, the May bulletin reinforces a point that has been developing over recent months, particularly for investors from India and China mainland, where sustained demand in the unreserved category is continuing to place pressure on visa availability.

What has remained consistent?

The three reserved EB-5 categories, rural 20 percent set-aside, high-unemployment area 10 percent set-aside, and infrastructure 2 percent set-aside, remain current for all nationalities, allowing investors to proceed without any visa backlog.

In the unreserved category, China’s final action date stands at 22 September 2016 and India at 1 May 2022, while all other countries, including the UAE, remain current.

Visa Bulletin: India Update

The May bulletin includes a specific note regarding India in the unreserved EB-5 category.

The U.S. Department of State has indicated that increased demand and visa usage may require retrogression of the final action date as the fiscal year progresses.

While no change has yet been implemented, this signals that demand is reaching a level where further movement may be required to manage visa allocation, making timing and category selection important considerations for Indian investors.

What this means for EB-5 investors

The overall position remains favourable, but with clearer distinctions across categories:

• Reserved categories continue to allow investors to proceed without delay
• India may face a retrogression risk in the unreserved category
• China mainland remains subject to a long-standing backlog in the unreserved category
• All other nationalities remain current

The importance of timing

The May bulletin also comes against the backdrop of the 30 September 2026 grandfathering deadline.

Investors who file before this date are expected to retain eligibility under the current EB-5 framework, even in the event of future legislative changes. This continues to make timing an important consideration, particularly for those still in the research phase.

For investors considering the EB-5 visa process, timing remains an important factor, particularly in light of the 30 September 2026 deadline and the potential for retrogression in certain categories.

Based on our experience working with investors across the GCC and surrounding regions, a well-structured application supported by a clear understanding of both the program requirements and the investor’s financial background remains key to navigating the process effectively.