The U.S. Department of State has released the January 2026 Visa Bulletin (see here), showing continued forward movement for both the Final Action Dates and Dates for Filing in the Unreserved EB-5 category.
Pre-RIA Chinese applicants will see a one-month advancement in their cut-off dates, while pre-RIA Indian applicants benefit from a substantial 304-day advancement in their Final Action Date and an even more significant 761-day advancement in their Date for Filing. This marks the second consecutive month of positive movement in the Unreserved EB-5 category. Additionally, this is the first movement in India’s Unreserved Dates for Filing since 2022, and this major advancement will allow many pre-RIA Indian applicants residing in the U.S. to submit their adjustment of status applications.
All three Reserved EB-5 categories — Rural, High Unemployment, and Infrastructure — will remain “current” in the upcoming month. Additionally, the Notes section of the January Visa Bulletin does not include any warning of potential cut-off dates for the Reserved categories in February or the near term, providing continued reassurance against speculation of immediate retrogression in the set-aside categories.
USCIS has also confirmed that it will continue to accept Chart B (Dates for Filing) for employment-based adjustment of status submissions in January.
EB-5 FINAL ACTION DATES (CHART A)
The January Visa Bulletin revealed the following Final Action Dates for EB-5 visa applicants:
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Unreserved EB-5 Visa Categories:
- China: August 15, 2016 (advanced 31 days from the December Visa Bulletin)
- India: May 1, 2022 (advanced 304 days from the December Visa Bulletin)
- All Other Countries: “Current“
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Reserved EB-5 Visa Categories:
- All Countries: “Current”
(Chart A on the January 2026 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
All Reserved EB-5 categories will remain “current” across the board, confirming that there will NOT be any cut-off dates for applicants in these categories in January.
For the Unreserved EB-5 category, the Dates for Filing (Chart B) remain “current” for all applicants in the next month, except for those born in China or India:
- Pre-RIA Chinese applicants: August 22, 2016 (advanced 31 days from the December Visa Bulletin);.
- Pre-RIA Indian applicants: May 1, 2024 (advanced 761 days from the December Visa Bulletin).
(Chart B on the January 2026 Visa Bulletin)
USCIS AOS Filing Charts for January 2026
According to USCIS, in January, the agency will continue to accept Chart B (Dates for Filing) for employment-based adjustment of status (AOS) applications, meaning the window to use Chart B will remain open in the upcoming month. See below for USCIS’ announcement on its website:
Next Month’s Adjustment of Status Filing Charts
For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2026.
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