This week, the U.S. Department of State published the latest August 2026 Visa Bulletin (see here), confirming that all Reserved EB-5 categories will remain current in August and that there are no changes to the cut-off dates for the Unreserved EB-5 category.
The August Visa Bulletin also includes several notes regarding visa availability in the EB-1 and EB-2 categories, particularly for Indian applicants. The State Department states that the EB-1 category may become unavailable for Indian applicants in the coming months because of “high demand and number use.” In addition, the EB-2 category may retrogress in the coming months or even become unavailable due to “sufficient demand and increased number use.”
In contrast, the August Visa Bulletin does not include any indication of potential cut-off dates for the Reserved EB-5 categories, suggesting that these categories are likely to remain current for applicants from all countries in the coming months.
See below for the State Department’s notes in the August Visa Bulletin regarding the EB-1 and EB-2 categories:
E. VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FINAL ACTION DATE FOR INDIA
High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends. This situation will be continually monitored, and any necessary adjustments will be made accordingly.
F. VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) CATEGORY
Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months 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.
EB-5 FINAL ACTION DATES (CHART A)
The August Visa Bulletin reflects the following Final Action Dates for EB-5 visa applicants:
-
Unreserved EB-5 Categories:
- China: December 01, 2016 (unchanged)
- India: “Unavailable” (unchanged)
- All Other Countries: “Current“
-
Reserved EB-5 Categories:
- All Countries: “Current”
(Chart A on the August 2026 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
All Reserved EB-5 categories remain current, confirming that no filing cut-off dates apply in August. However, USCIS will not accept Chart B in the upcoming month (see the following section for more details).
For the Unreserved EB-5 category, the Dates for Filing (Chart B) remain unchanged and are current for all applicants except those born in China or India:
- Chinese applicants: March 1, 2017 (unchanged);.
- Indian applicants: May 1, 2024 (unchanged).
(Chart B on the August 2026 Visa Bulletin)
USCIS AOS Filing Charts for August 2026
According to USCIS, the agency will accept only Chart A (Final Action Dates) for employment-based adjustment of status (AOS) applications in August 2026. As a result, Chart B (Dates for Filing) cannot be used for employment-based AOS filings during 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 August 2026.
Stay informed with the latest EB-5 visa data by following IIUSA’s EB-5 Visa Data Dashboard
