Earlier this week, the U.S. Department of State released the October 2026 Visa Bulletin (see here), revealing the latest EB-5 cut-off dates for the first month of the new fiscal year, FY2027.
Reserved EB-5 Visas
All Reserved EB-5 categories, including rural areas, high unemployment areas, and infrastructure projects, remain “current” in October. Although nearly 20,000 Form I-526E and Form I-526 petitions have been filed with USCIS since the enactment of the EB-5 Reform and Integrity Act of 2022 (RIA), visa demand from approved cases has not yet reached a level that requires the State Department to establish cut-off dates for any of the Reserved categories at the beginning of FY2027.
Unreserved EB-5 Visas
The October Visa Bulletin reflects significant forward movements for Unreserved EB-5 applicants from China and India:
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India: The Final Action Date advances by 19 months, moving from May 1, 2022, to December 1, 2023. In the first month of FY2027, the Unreserved India cut-off date has now moved into the post-RIA period. This significant advancement suggests that much of the pre-RIA Indian visa backlog may have been digested, although some pre-RIA cases could remain pending for processing. However, the State Department established the new Final Action Date at December 1, 2023, rather than making the category “current”. One possible explanation is the potential for post-RIA Indian applicants who qualify under both Reserved and Unreserved categories may create additional demand for Unreserved visa numbers. Setting a cut-off date to be the end of 2023 could help preserve visa availability for the remaining pre-RIA Indian applicants whose petitions are still pending.
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China: While the Final Action Date remains unchanged from the September Visa Bulletin, the Dates for Filing chart (“Chart B”) advances significantly by 51 months from December 1, 2016, to March 1, 2021. Chart B serves as an indicator of where the Final Action Date could potentially be by the end of the new fiscal year. The significant advancement in Chart B signals the possibility of rapid forward movements in the Final Action Date for Unreserved EB-5 applicants from China during FY2027.
Additionally, USCIS has confirmed that it will accept Chart B (Dates for Filing) for employment-based adjustment of status applications in the first month of FY2027. This means that qualifying EB-5 applicants with priority dates earlier than the applicable Chart B cut-off date may file their adjustment of status applications in October. Under the RIA, eligible EB-5 investors may also be able to file Form I-485 concurrently with Form I-526E, along with applications for employment authorization and advance parole.
EB-5 FINAL ACTION DATES (CHART A)
The October Visa Bulletin reflects the following Final Action Dates for EB-5 visa applicants:
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Unreserved EB-5 Visa Categories:
- China: December 1, 2016 (unchanged from the September Visa Bulletin)
- India: December 1, 2023 (advances by 579 days, or 19 months, from the September Visa Bulletin)
- All Other Countries: “Current”
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Reserved EB-5 Visa Categories:
- All Countries: “Current”
(Chart A on the October 2026 Visa Bulletin)
EB-5 DATES FOR FILING (CHART B)
All Reserved EB-5 categories remain “Current” across the board, meaning there are no cut-off dates for applicants in these categories in October.
For the Unreserved EB-5 category, the Dates for Filing chart remains “Current” for applicants from all countries in the first month of FY2027, except those chargeable to China or India:
- China: March 1, 2021 (advances by 1,461 days, or 51 months, from the September Visa Bulletin);.
- India: May 1, 2024 (unchanged from the September Visa Bulletin).
(Chart B on the October 2026 Visa Bulletin)
USCIS AOS Filing Charts for October 2026
According to USCIS, the agency will accept Chart B (Dates for Filing) for employment-based adjustment of status (AOS) applications in October. This provides eligible applicants with an earlier opportunity to file Form I-485 based on the Dates for Filing rather than waiting for their priority dates to become current under the Final Action Dates chart. See below from the agency’s 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 October 2026.
Have you explored IIUSA’s EB-5 Visa Data Dashboard? This powerful tool offers comprehensive insights into EB-5 visa usage, including:
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Stay informed with the latest data to support your decision-making and analysis.
