This week, the U.S. Department of State published the May 2026 Visa Bulletin (see here), showing a 151-day advancement in the Unreserved EB-5 Dates for Filing (“Chart B”) for Chinese applicants. In addition, the China Unreserved EB-5 Final Action Date (FAD) continues to advance in May, moving forward by 21 days. However, USCIS has confirmed that it will no longer accept Chart B for employment-based adjustment of status applications in May.
At the beginning of FY2026, Chart B for China Unreserved EB-5 retrogressed by 92 days, from October 1, 2016, to July 1, 2016. However, since December 2025, the date has gradually recovered (see Figure below). With the significant 151-day advancement in May, the Date for Filing for China Unreserved has now moved forward to March 1, 2017.
For pre-RIA Indian applicants, Chart B advanced by 761 days in January 2026, moving from April 1, 2022, to May 1, 2024. In addition, the India Unreserved EB-5 FAD has also advanced significantly during FY2026 (see our analysis here). Given the substantial advancement in both dates, the State Department included a cautionary note in the May Visa Bulletin, warning that pre-RIA Indian applicants could face retrogression in the FAD or even visa unavailability later in FY2026. See below for the full note from the Department of State:
E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIFTH PREFERENCE (EB-5) UNRESERVED CATEGORIES FOR INDIA
Sufficient demand and increased number use by India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category unavailable to hold number use within the maximum allowed under the FY 2026 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
All three Reserved EB-5 categories — Rural Areas, High Unemployment Areas, and Infrastructure Projects — remain “current” in May. The latest Visa Bulletin does not include any indication of potential cut-off dates for these categories, suggesting they are likely to remain current in the near future.
Finally, the May Visa Bulletin reiterates the same note included in March and April regarding the availability of family-based and employment-based immigrant visas. The State Department indicates that, “as additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary later in the fiscal year to keep issuances within annual limits.” Accordingly, EB-5 applicants with priority dates earlier than the current cut-off dates should act promptly to take advantage of visa availability.
EB-5 FINAL ACTION DATES (CHART A)
The May Visa Bulletin reflects the following Final Action Dates for EB-5 visa applicants:
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Unreserved EB-5 Categories:
- China: September 22, 2016 (21-day advancement from April)
- India: May 1, 2022 (unchanged)
- All Other Countries: “Current“
-
Reserved EB-5 Categories:
- All Countries: “Current”
(Chart A from the May 2026 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
All Reserved EB-5 categories remain current across the board, confirming that no cut-off dates apply in May.
For the Unreserved EB-5 category, Dates for Filing (Chart B) are current for all applicants except those born in China or India:
- Chinese applicants: March 1, 2017 (151-day advancement from April);.
- Indian applicants: May 1, 2024 (unchanged).
(Chart B from the May 2026 Visa Bulletin)
USCIS AOS FILING CHARTS FOR MAY 2026
According to USCIS, in May, the agency will only accept Chart A (Final Action Dates) for employment-based adjustment of status (AOS) applications, meaning the window to use Chart B (Dates for Filing) will no longer be open in the upcoming month. See below for USCIS’ announcement on its website:
According to USCIS, the agency will accept only Chart A (Final Action Dates) for employment-based adjustment of status (AOS) applications in May. That means, Chart B (Dates for Filing) will no longer be available for use in the upcoming month. USCIS states on its website:
Next Month’s Adjustment of Status Filing Charts
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for May 2026.
IIUSA’s EB-5 Visa Data Dashboard has been updated with the latest monthly visa issuance data, including trends through September 30, 2025. This tool provides comprehensive insights into EB-5 visa usage, including:
- Full-year FY2025 visa issuances
- Historical trends in visa availability versus usage
- Country-specific statistics on EB-5 green card issuances
- And more
Stay informed with the latest data to support your decision-making and analysis.
