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EB-5 Visa News: Latest Updates, Policy Changes, and Investor Insights

Last Updated: September, 2026 October 2026 Visa Bulletin Added
Written by: Mark I. Davies, Esq., MBA (Wharton School), Fellow University of Pennsylvania Carey Law School. Ga. Bar License #: 283816, AILA Member, SRA ID: #384468.
Reviewed by: Sukanya Raman, Esq., Managing Attorney Davies & Associates, India

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EB-5 Visa News, Visa Bulletin Updates, USCIS Policy, and State Department Changes

What This Page Tracks

This page tracks the latest EB-5 visa news, including monthly Visa Bulletin movement for EB-5 investors, USCIS processing and policy changes, Department of State consular developments, EB-5 rulemaking and fee litigation, and the legislative deadlines that shape the EB-5 Regional Center Program.
The EB-5 statute changes rarely, but the practical position for investors changes every month. A category can move from “Current” to “Unavailable” in a single bulletin. USCIS changes which filing chart applies. Consular posts change how and where immigrant visa interviews happen.
For investors, regional centers, and advisers, these developments can matter as much as the formal eligibility requirements.

Latest EB-5 News at a Glance (October 2026)

  • India EB-5 Unreserved is back. The October 2026 Visa Bulletin sets the India Final Action Date at 01 December 2023, after three months of “Unavailable”.
  • USCIS has switched to the Dates for Filing chart for employment-based I-485 filings in October 2026, after using Final Action Dates from May to September.
  • All three set-aside categories (Rural, High Unemployment, Infrastructure) remain Current for every country, including India and China.
  • The RIA grandfathering deadline passed on 30 September 2026. The Regional Center Program is authorized through 30 September 2027.
  • EB-5 minimum investments adjust for inflation on 1 January 2027. Petitions filed before that date use the current $1,050,000 / $800,000 minimums.
  • The 75-country immigrant visa pause ended on 21 August 2026, but a separate worldwide pause on immigrant visa interviews for public charge training followed. Check your post before relying on an interview date.

Purpose of This EB-5 News Service

Why We Created This Page

The purpose of this page is to provide a central news and monitoring resource for the EB-5 Immigrant Investor Program.
Investors often focus on the investment amount and the project. In practice, the time it takes to get a green card, and whether it arrives at all, can be shaped by:
  • monthly Visa Bulletin movement for your country and category
  • which Visa Bulletin chart USCIS lets you file under
  • USCIS processing order for Forms I-956F, I-526E and I-526
  • consular rules on where and how immigrant visa interviews happen
  • rulemaking, fee changes, and congressional deadlines
This page is designed to help readers follow how EB-5 is actually working, month by month.

Who This Page Is For

This resource is intended for:
  • investors considering an EB-5 investment
  • investors with a pending I-526E, I-526, I-485 or I-829
  • families tracking a child’s age under the Child Status Protection Act
  • regional centers, developers and advisers following EB-5 developments
Think of it as an ongoing briefing on the state of the EB-5 program.

This Page Is Not a Guide to the EB-5 Visa

This page focuses on EB-5 visa news and developments, not a step-by-step explanation of the program.

Read Our Complete EB-5 Visa Guide

If you want a full explanation of the program, please read our EB-5 Visa Guide.
That guide explains:
  • who qualifies for the EB-5 visa
  • the investment amounts and job creation rules
  • regional center versus direct EB-5 investments
  • source-of-funds documentation
  • how conditional residence and the I-829 work

Additional EB-5 Resources

These pages explain the program in detail. This page focuses on what is changing in EB-5 practice.

Monthly Updates

Our Commitment to Keeping This Page Current

We update this page every month, normally after the Department of State publishes the next Visa Bulletin, and whenever a significant EB-5 development occurs.
Updates may include:
  • new EB-5 Visa Bulletin cutoff dates and the USCIS filing chart
  • USCIS policy memoranda, processing changes and Q&A updates
  • Department of State announcements affecting immigrant visas
  • proposed and final EB-5 rules, fee changes and court decisions
  • congressional action on the Regional Center Program
Each item below is dated and linked to its official source so you can see exactly how current it is.

October 2026 EB-5 Visa Bulletin

The October 2026 Visa Bulletin is the first bulletin of fiscal year 2027, when annual visa numbers reset. For EB-5 investors the headline is India: after the India EB-5 Unreserved category was “Unavailable” from July to September 2026, the October bulletin brings it back with a Final Action Date of 01 December 2023, a 19-month advance on the last published date of 01 May 2022.

Final Action Dates (Chart A) – October 2026

EB-5 Category India China (mainland-born) Mexico Philippines All Other Countries
Unreserved (C5, T5, I5, R5, NU, RU) 01 Dec 2023 01 Dec 2016 Current Current Current
Set-Aside: Rural (20%) Current Current Current Current Current
Set-Aside: High Unemployment (10%) Current Current Current Current Current
Set-Aside: Infrastructure (2%) Current Current Current Current Current

Dates for Filing (Chart B) – October 2026

EB-5 Category India China (mainland-born) Mexico Philippines All Other Countries
Unreserved (C5, T5, I5, R5) 01 May 2024 01 Mar 2021 Current Current Current
All three set-aside categories Current Current Current Current Current

Highlighted cells changed from the September 2026 bulletin. Source: U.S. Department of State, Visa Bulletin for October 2026. Always confirm against the official bulletin before relying on a date.

USCIS Switches to the Dates for Filing Chart for October 2026

USCIS filing chart page, last reviewed 28 September 2026
For October 2026, USCIS says all employment-based preference categories, including EB-5, must use the Dates for Filing chart to file Form I-485. From the May 2026 bulletin through September 2026, USCIS had required the stricter Final Action Dates chart.
In practice, an India-born EB-5 Unreserved investor in the United States with a priority date before 01 May 2024, or a China mainland-born investor with a priority date before 01 March 2021, may be able to file an I-485 in October if otherwise eligible, even though the green card cannot be approved until the Final Action Date is reached. USCIS sets the chart monthly, so it can switch back.
Source: USCIS, Adjustment of Status Filing Charts from the Visa Bulletin. See also our EB-5 Concurrent Filing page.

Why “Current” Does Not Mean “No Backlog”

The set-aside categories have shown “Current” for every country throughout fiscal year 2026. That does not mean there is no queue. A category only receives a cutoff date when the number of investors who are fully processed and ready for a visa exceeds the visas available that year. “Current” can therefore reflect the pace of USCIS adjudication as much as real visa availability.
Each set-aside category receives only a fixed share of the EB-5 visas available each year (7.1% of the employment-based limit: about 9,940 at the 140,000 statutory minimum, and more in years such as FY 2026 when unused family-based numbers raise the limit): 20% rural, 10% high unemployment and 2% infrastructure. Every family member uses a visa number. A category that is Current today can move to a cutoff date once processing catches up with the petitions already on file. Treat the Visa Bulletin as one input into a timing analysis, not the whole picture. See our EB-5 Visa Processing Time page.

EB-5 Unreserved Visa Bulletin Movement, October 2025 to October 2026

The Unreserved category is where EB-5 backlogs appear. The table below tracks India and China across every bulletin of fiscal year 2026 (October 2025 to September 2026) and the first bulletin of fiscal year 2027. All other countries were Current throughout.
Visa Bulletin India – Final Action India – Dates for Filing China – Final Action China – Dates for Filing
October 202501 Feb 202101 Apr 202208 Dec 201501 Jul 2016
November 202501 Feb 202101 Apr 202208 Dec 201501 Jul 2016
December 202501 Jul 202101 Apr 202215 Jul 201622 Jul 2016
January 202601 May 202201 May 202415 Aug 201622 Aug 2016
February 202601 May 202201 May 202415 Aug 201622 Aug 2016
March 202601 May 202201 May 202415 Aug 201601 Oct 2016
April 202601 May 202201 May 202401 Sep 201601 Oct 2016
May 202601 May 202201 May 202422 Sep 201601 Mar 2017
June 202601 May 202201 May 202422 Sep 201601 Mar 2017
July 2026Unavailable01 May 202401 Dec 201601 Mar 2017
August 2026Unavailable01 May 202401 Dec 201601 Mar 2017
September 2026Unavailable01 May 202401 Dec 201601 Mar 2017
October 2026 (FY 2027)01 Dec 202301 May 202401 Dec 201601 Mar 2021

Source: U.S. Department of State monthly Visa Bulletins, October 2025 to October 2026.

What the Numbers Suggest

India: A Hard Stop, Then a Strong Restart

On 5 June 2026 the State Department confirmed that all fiscal year 2026 EB-5 Unreserved visas for India had been used, so no India Unreserved visas could be issued until 1 October 2026. India’s Final Action Date had already advanced from 01 February 2021 to 01 May 2022 during fiscal year 2026, and the October restart at 01 December 2023 is well ahead of that, but new-year restarts can retrogress later in the year if demand builds. Source: Department of State, India Per-Country Limit Reached in the EB-5 Unreserved Category.

China: Final Action Barely Moving, Filing Chart Jumps Four Years

Across fiscal year 2026, China’s Final Action Date moved about a year, from 08 December 2015 to 01 December 2016, and it remains roughly a decade behind. The October Dates for Filing jump to 01 March 2021 matters mainly for China-born investors already in the United States, who may now be able to file an I-485 and obtain work and travel permits while they wait.

Set-Asides Remain the Main Route for India and China

With the Unreserved category backlogged for both countries, the Rural, High Unemployment and Infrastructure categories remain the categories currently showing visa availability for India-born and China-born investors, subject to the backlog caution above. See our EB-5 guide for Indian investors.

Key EB-5 Dates: 2026 and 2027

Date What Happens Status
30 September 2026 RIA grandfathering cut-off: regional center petitions filed on or before this date keep being processed if the Regional Center Program later lapses Passed
1 October 2026 Fiscal year 2027 visa numbers reset; India EB-5 Unreserved numbers return In effect
1 January 2027 First automatic inflation adjustment of EB-5 minimum investment amounts, for petitions filed on or after the adjustment date Upcoming – amounts not yet published
30 September 2027 Current authorization of the EB-5 Regional Center Program ends unless Congress extends it Upcoming

The EB-5 Grandfathering Deadline Has Passed

Deadline: 30 September 2026
Under the EB-5 Reform and Integrity Act of 2022 (RIA), regional center investor petitions filed on or before 30 September 2026 must continue to be adjudicated even if the Regional Center Program later expires. Petitions filed from 1 October 2026 do not carry that statutory protection. The Regional Center Program itself remains authorized through 30 September 2027. Direct (standalone) EB-5 under Form I-526 is permanently authorized and is not affected by the regional center sunset.
See our EB-5 RIA Grandfathering Deadline guide and the USCIS EB-5 Questions and Answers.

EB-5 Minimum Investment Rises on 1 January 2027

Statutory adjustment date: 1 January 2027
The RIA fixed the minimums at $1,050,000, or $800,000 for investments in a targeted employment area (rural or high unemployment) or an infrastructure project. It also requires those amounts to adjust automatically on 1 January 2027, and every five years after that, based on cumulative CPI-U inflation since 1 January 2022. The adjusted amounts apply to petitions filed on or after the adjustment date.
USCIS has not yet published the new figures. Published industry estimates vary, so we are not quoting a number until USCIS confirms it. Investors who can properly file an I-526E or I-526 before 1 January 2027 can qualify at the current amounts. See our EB-5 Visa Costs and Fees page.

DHS EB-5 Proposed Rule, Fee Rule, and Fee Litigation

DHS Proposes Comprehensive EB-5 Reform Regulations

Published 2 July 2026 · Comments closed 31 August 2026
DHS published a proposed rule to implement the EB-5 Reform and Integrity Act of 2022 (91 FR 40676, RIN 1615-AC94, docket USCIS-2026-0100). The comment period closed on 31 August 2026 with 467 comments. The rule is not final.
Among the major proposals:

  • new tools to act on fraud, misrepresentation and national security concerns
  • moving the EB-5 rules into a new subpart and adding definitions
  • priority date retention
  • no longer allowing repaid bridge financing to count toward job creation
  • removing “troubled businesses” as a route to eligibility
  • regional center rules for project applications, redeployment, audits and promoter registration
  • sanctions including monetary penalties, suspension, debarment and termination
Investment amounts: the proposed rule restates the statutory minimums of $1,050,000 and $800,000. It does not propose separate, higher investment tiers.
Source: Federal Register, 2 July 2026.

EB-5 Filing Fees: Court Order and Proposed Fee Rule

Court order 12 November 2025 · Proposed fee rule 23 October 2025
In Moody v. Noem, No. 24-cv-00762-CNS (D. Colo.), the court stayed certain EB-5 fees from the 2024 USCIS Fee Rule, finding that the RIA precluded DHS from adjusting EB-5 fees in that rule. USCIS said it would accept the fees in effect until 31 March 2024. Source: USCIS alert on the court order.
Separately, DHS proposed a dedicated EB-5 Fee Rule on 23 October 2025 (90 FR 48516). We have not seen a final EB-5 fee rule published as of this update. Because the accepted fee can change, confirm the exact USCIS fee immediately before filing; a petition rejected for the wrong fee may lose its intended filing date.

USCIS Processing and Policy Updates

New Public Charge Rule and New Form I-485 Edition

Effective 18 September 2026
DHS rescinded the 2022 public charge regulations in a final rule published on 20 July 2026. From 18 September 2026, USCIS applies new public charge guidance to adjustment of status applications postmarked or electronically submitted on or after that date, and only the new edition of Form I-485 is accepted. Applications filed before 18 September 2026 continue under the 2022 framework.
On 14 September 2026, 22 states and the District of Columbia sued in the Southern District of New York to block the rule, and several cities and counties filed a separate suit. As of 21 September 2026, no court had blocked it, so the rule remains in effect.
EB-5 investors adjusting status are subject to the public charge ground, but a well-documented investment and financial record is typically a strong positive factor. Sources: Federal Register, 20 July 2026; USCIS guidance.

USCIS Policy Memo PM-602-0199 on Adjustment of Status Discretion

Issued 21 May 2026
USCIS directed officers to treat adjustment of status as a discretionary, “extraordinary” form of relief and to weigh positive and negative factors in every case. The memo does not repeal INA § 245 and does not remove EB-5 concurrent filing, which is expressly authorized by INA § 245(n). It does mean that a concurrent EB-5 I-485 should be prepared as a full legal submission with a strong discretionary record.
Source: USCIS Policy Memorandum PM-602-0199 (PDF). Our analysis: EB-5 Concurrent Filing and the USCIS Discretion Memo.

USCIS Sets the Processing Order for I-526E and I-526 Petitions

Announced 25 February 2026 · Effective 30 March 2026
USCIS now generally assigns EB-5 investor petitions on a first-in, first-out basis in this order:

  • an I-526E is assigned only after USCIS decides the associated Form I-956F project application
  • rural I-526E petitions are assigned first, in their own queue
  • other I-526E and post-RIA I-526 petitions follow once the rural queue is empty, or when USCIS decides enough rural cases have been decided, and may be grouped by visa subcategory
Source: USCIS EB-5 Questions and Answers. See our EB-5 Visa Processing Time and Form I-526E pages.

CSPA Age Calculation: Aging-Out Risk for EB-5 Children

Effective for applications filed on or after 15 August 2025
USCIS now calculates a derivative child’s CSPA age using the date a visa becomes available under the Final Action Dates chart, rather than the Dates for Filing chart. With USCIS allowing Dates for Filing in October 2026, an EB-5 family may be able to file an I-485, but a child’s CSPA age is not locked in until the later Final Action Date is reached. Families with a child approaching 21, particularly India-born and China-born families in the Unreserved category, should have the CSPA age calculated before relying on it.
Source: USCIS Updates Policy on CSPA Age Calculation.

State Department and Consular News for EB-5 Investors

Most EB-5 investors living outside the United States receive their green card through an immigrant visa interview at a U.S. embassy or consulate. These State Department changes affect that route.

75-Country Immigrant Visa Pause Has Ended

Pause from 21 January 2026 · Ended 21 August 2026
From 21 January 2026 the State Department paused immigrant visa issuance to nationals of 75 countries while it reviewed public-benefits screening. The list included several EB-5 source markets, including Brazil, Colombia, Nigeria, Pakistan, Russia, Thailand, Uzbekistan and Kazakhstan. Interviews continued, but visas were not issued.
The State Department now says that, as of 21 August 2026 and in accordance with the court order in CLINIC et al. v. Rubio, the pause is no longer in effect. Source: Department of State, Immigrant Visa Processing Updates.

Worldwide Pause on Immigrant Visa Interviews for Public Charge Training

Confirmed by the State Department 25 August 2026
Days after the 75-country pause ended, the State Department confirmed it had paused immigrant visa interviews at embassies and consulates worldwide so consular officers could be trained on the new public charge guidance. The pause covers consular immigrant visa cases, including employment-based and EB-5 applicants; investors adjusting status inside the United States are not affected. A State Department official said the pause was not expected to extend beyond early to mid-September, with postponed interviews rescheduled into September, October and November.
Separately, a State Department cable dated 10 September 2026 (26 STATE 88862) told posts to resume processing and issuing immigrant and diversity visas that had been held under the 75-country and diversity visa pauses, and to reconsider cases refused under them. The State Department has not published a notice confirming that the interview pause itself has ended, so EB-5 investors processing abroad should confirm their appointment with their post and the National Visa Center.
Sources: Fragomen, 26 August 2026; AILA, DOS cable of 10 September 2026.

Public Charge Bond Pilot for Immigrant Visa Applicants

State Department page updated 5 August 2026
Consular officers may now require certain immigrant visa applicants who would otherwise be refused on public charge grounds to apply for a public charge bond with USCIS. It is currently a pilot for select cases, and the officer sets the amount case by case. Source: Department of State, Public Charge Bonds for Immigrant Visa Applicants.

Immigrant Visa Interviews in Your Country of Residence

Effective 1 November 2025 · Page updated 15 July 2026
The National Visa Center now schedules immigrant visa interviews in the applicant’s country of residence, or country of nationality if requested, with only rare exceptions. EB-5 investors who had planned to interview at a different post, for example an Indian national living in Dubai choosing between Abu Dhabi and Mumbai, should plan around this rule. Source: Department of State, Adjudicating IV Applicants in Their Country of Residence.

Gold Card vs. EB-5: Where Things Stand

The “Trump Gold Card” was created by Executive Order 14351 on 19 September 2025 and opened for applications in December 2025. It offers a green card in the existing EB-1 or EB-2 categories in exchange for a $1 million contribution, rather than an at-risk investment that creates jobs.
  • Uptake has been low. On 23 April 2026, Commerce Secretary Howard Lutnick told a House subcommittee that one applicant had been approved. A USCIS court declaration reported 338 requests, of which 165 paid the filing fee and 59 went on to file petitions.
  • It is being challenged in court. The American Association of University Professors sued in February 2026, arguing the program lacks statutory authority.
  • It does not replace EB-5. EB-5 is created by statute, so only Congress can end it, and investors keep an investment rather than making a non-refundable payment.
Sources: CNBC, 8 May 2026; EB-5 Insights, 4 February 2026; Immigration Policy Tracking Project.

EB-5 Industry News: Why Project Due Diligence Still Matters

Recent reporting is a reminder that an EB-5 investment is a real, at-risk investment. In late June 2026, 78 EB-5 investors who each put $500,000 into Phase II of the Point Ruston development in Tacoma, Washington sued in federal court in Tacoma, alleging roughly $39 million in losses (reported by Hoodline on 30 June and The News Tribune on 1 July 2026). Separately, on 21 August 2026 the Delaware Supreme Court upheld a $6.9 million damages award to an EB-5 investor in a business dispute but reversed about $260,000 in attorneys’ fees (reported by Bloomberg Law, 21 August 2026).
Independent review of the project, the regional center, the loan or equity terms and the exit strategy remains as important as the immigration filing itself.

What We Are Watching

  • The 1 January 2027 investment amounts. We will publish the official figures as soon as USCIS confirms them.
  • India EB-5 Unreserved through FY 2027. Watch for retrogression later in the fiscal year if demand builds.
  • The USCIS filing chart each month. October allows Dates for Filing; USCIS can switch back to Final Action Dates at any time.
  • The DHS EB-5 proposed rule. We will report on the final rule when it is published.
  • A final EB-5 fee rule. Until then, confirm fees immediately before filing.
  • Regional Center Program reauthorization before 30 September 2027. We will report any bill that moves.

EB-5 News FAQs

What does the October 2026 Visa Bulletin say for EB-5 investors? In the October 2026 Visa Bulletin, the first bulletin of fiscal year 2027, EB-5 Unreserved numbers returned for India with a Final Action Date of 01 December 2023, up from Unavailable in July to September 2026. China mainland-born Unreserved holds at 01 December 2016. All other countries are Current, and the Rural, High Unemployment and Infrastructure set-aside categories are Current for every country, including India and China.
Which Visa Bulletin chart should EB-5 investors use to file Form I-485 in October 2026? For October 2026, USCIS says all employment-based applicants, including EB-5, must use the Dates for Filing chart. That allows India EB-5 Unreserved investors with a priority date before 01 May 2024, and China mainland-born investors with a priority date before 01 March 2021, to file Form I-485 if they are otherwise eligible. From May to September 2026 USCIS required the Final Action Dates chart. The chart is set each month, so confirm it before filing.
Has the EB-5 grandfathering deadline passed? Yes. Under the EB-5 Reform and Integrity Act of 2022, regional center petitions filed on or before September 30, 2026 are protected if the Regional Center Program later lapses. Petitions filed after that date do not have that statutory protection. The Regional Center Program itself remains authorized through September 30, 2027.
Will the EB-5 minimum investment increase in 2027? Yes. The statute requires the EB-5 minimum investment amounts to adjust automatically for inflation (CPI-U) on January 1, 2027, and every five years after that, for petitions filed on or after the adjustment date. The current minimums are $1,050,000 and $800,000 for targeted employment area and infrastructure investments. The new figures have not yet been published.
Does the DHS proposed EB-5 rule raise the investment amount? No. The DHS proposed rule published on July 2, 2026 restates the statutory minimums of $1,050,000 and $800,000. It would reorganize the EB-5 regulations, codify integrity and fraud tools, remove troubled businesses as a basis for eligibility, stop repaid bridge financing counting toward job creation, and set promoter registration and enforcement rules. The comment period closed on August 31, 2026. It is not yet final.
Is the 75-country immigrant visa pause still affecting EB-5 investors? No. The Department of State paused immigrant visa issuance to nationals of 75 countries, including Brazil, Nigeria, Pakistan, Russia and Thailand, from January 21, 2026. The State Department says the pause is no longer in effect as of August 21, 2026, following the court order in CLINIC et al. v. Rubio. A separate worldwide pause on immigrant visa interviews for public charge training was confirmed on August 25, 2026, so investors processing abroad should confirm their interview date with their post.

This page is general information about a developing area of law and is not legal advice. EB-5 law, USCIS guidance and the Visa Bulletin change frequently; each entry reflects our understanding as of the date shown. Please speak to EB-5 counsel before acting on anything on this page.

About the Authors

Mark I. Davies, Esq.

Managing Partner of Davies & Associates; focused on E visa strategy and complex consular filings.
Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine. Ranked Band 1 for E-2 visas in Singapore by Global Citizenship Services (2026). Admitted to practice in Georgia (USA). Georgia State Bar member. AILA member.
Area Details
Education: JD, University of Pennsylvania Carey Law School | MBA (Finance), The Wharton School, University of Pennsylvania | Chartered Accountant (ICAEW)
Financial Training: Completed the Analyst Training Program at a major international bank | Chartered Accountant background with professional training in financial analysis and reporting
Legal Practice: Admitted to practice in Georgia (USA) | Registered Solicitor with the Law Society of England and Wales | Former CMBS lawyer at one of the world's largest international law firms
Immigration Track Record: 15+ years advising HNW investors | While, as of October 21, 2026, the firm has never had an EB-5 case denied on the basis of its source-of-funds work, there can never be a guarantee of future success. | Hundreds of successful EB-5 cases globally
Recognition: Named a Top 25 EB-5 Immigration Attorney by EB5 Investors Magazine (2018–2023 and 2026)
Professional Engagements: Lecturer/trainer for other lawyers at AILA, ACA, University of Pennsylvania Law School | Frequent speaker at global investment immigration conferences

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