EB-5 Program Updates:
Visa Bulletin, Fees & Policy News
EB-5 Visa GuideEB-5 Concurrent Filing & USCIS Discretion MemoEB-5 Visa CostEB-5 ProcessEB-5 Visa Processing TimeEB-5 Visa Requirements
At a glance
- The EB-5 set-aside categories (Rural, High Unemployment, Infrastructure) remain current for all countries in the June 2026 Visa Bulletin — but “Current” reflects processing pace, not the absence of a backlog (see below).
- EB-5 Unreserved stays backlogged for India and China; India is flagged for possible retrogression.
- USCIS filing fees remain affected by the Moody v. Noem litigation and proposed rulemaking — confirm the fee before filing.
- The May 2026 USCIS discretion memo (PM-602-0199) raises the bar for adjustment of status but does not eliminate EB-5 concurrent filing.
- A reinstated CSPA age-calculation policy (effective Aug. 15, 2025) increases the aging-out risk for EB-5 derivative children.
- The Regional Center program is currently authorized through September 30, 2027, unless Congress extends or amends the authorization.
Current EB-5 Visa Bulletin (June 2026)
The U.S. Department of State publishes a Visa Bulletin each month. For EB-5 investors it shows whether an immigrant visa number is available in your category and country of chargeability. The table below summarizes the EB-5 final action cutoff dates in the June 2026 bulletin.
| EB-5 Category | India | China | All Other Countries |
|---|---|---|---|
| Unreserved (Standard) | 01 May 2022 | 22 Sep 2016 | Current |
| Rural (Set-Aside) | Current | Current | Current |
| High Unemployment (Set-Aside) | Current | Current | Current |
| Infrastructure (Set-Aside) | Current | Current | Current |
Cutoff dates above are the Final Action Dates (Chart A) for the EB-5 categories in the June 2026 Visa Bulletin. A date means a visa number is available only for investors with a priority date earlier than the one shown; “Current” means a number is available regardless of priority date. Always confirm the position in the official bulletin before relying on it.
What changed this month
In the June 2026 bulletin, all three EB-5 set-aside categories — Rural, High Unemployment, and Infrastructure — remain current for every country, including India and China. The EB-5 Unreserved category continues to show a cutoff date of 01 May 2022 for India and 22 Sep 2016 for China, and is current for all other countries.Why “Current” does not mean “no backlog”
It is easy to read a Visa Bulletin showing the set-aside categories as “Current” and conclude that there is no EB-5 backlog and no meaningful wait. That conclusion does not follow, and EB-5 investors should understand why.A category goes to a cutoff date in the Visa Bulletin only when the number of applicants who are fully processed and ready for a visa exceeds the visas available that year. It is therefore driven by the pace of government adjudication, not by the size of the queue behind it. The set-aside categories can show “Current” while a large number of investors are still working through I-526E and I-956F processing and have not yet become countable visa applicants. In other words, “Current” can reflect a slow processing pipeline just as much as it reflects genuine visa availability.
This is an important distinction for an investor choosing a category today. The relevant question is not only whether a category is “Current” in this month’s bulletin, but how many investors have already filed in that category relative to the annual visa supply — the set-aside categories each receive only a limited share of the annual EB-5 visa allocation, and derivative family members count against that supply. A category that is “Current” now can move to a cutoff date, and then to a multi-year wait, once processing catches up with the petitions already on file. Investors should treat the Visa Bulletin as one input into a timing analysis, alongside category-level filing volumes and processing data, rather than as a complete picture of the wait. We discuss this further on our EB-5 Visa Processing Time page, and recommend a case-specific timing review with EB-5 counsel before relying on any category.
Filing chart note — an important change
The Visa Bulletin publishes two charts each month: Final Action Dates (Chart A) and the earlier, more generous Dates for Filing (Chart B). Each month USCIS designates which chart adjustment of status applicants must use. Beginning with the May 2026 Visa Bulletin, and continuing in June 2026, USCIS has required all employment-based categories — including EB-5 — to use the Final Action Dates chart for I-485 filing, rather than Dates for Filing.This matters for EB-5 concurrent filing. An EB-5 investor whose priority date is current under Dates for Filing but not under Final Action Dates cannot currently file an I-485 on that basis. Chart designations can change month to month, so before filing Form I-485, confirm the governing chart in the USCIS Adjustment of Status Filing Charts. See our EB-5 Concurrent Filing page for how this interacts with concurrent filing.
EB-5 Update Log
The most recent EB-5 developments are listed first. Each entry is dated and tagged by topic.
June 2026 Visa Bulletin: EB-5 set-asides stay current, India Unreserved flagged
In the June 2026 Visa Bulletin, the three EB-5 set-aside categories remain current for all countries. EB-5 Unreserved holds at 01 May 2022 for India and 22 Sep 2016 for China. The Department of State warned that EB-5 Unreserved for India may need to retrogress or become unavailable in a coming month if demand continues. See the table above and our EB-5 Visa Processing Time page.
USCIS issues Policy Memorandum PM-602-0199 on adjustment-of-status discretion
USCIS issued Policy Memorandum PM-602-0199 (PDF, opens on the USCIS website), directing officers to treat adjustment of status as a discretionary, “extraordinary” form of relief subject to heightened scrutiny. The memo does not repeal INA § 245 or eliminate EB-5 concurrent filing, which remains expressly authorized by INA § 245(n). However, filing eligibility and approval are not the same thing: INA § 245(n) supports the proper filing of an EB-5 I-485, but USCIS may still deny adjustment as a matter of discretion after weighing positive and negative factors. A concurrent EB-5 I-485 should now be prepared as a thorough, well-documented legal submission. Read our dedicated analysis: EB-5 Concurrent Filing & the May 2026 USCIS Discretion Memo.
USCIS shifts employment-based I-485 filing to the Final Action Dates chart — EB-5 affected
Beginning with the May 2026 Visa Bulletin, and continuing in June 2026, USCIS requires all employment-based adjustment of status applicants — including EB-5 — to use the Final Action Dates chart (Chart A) rather than the earlier and more generous Dates for Filing chart (Chart B). For EB-5, this means an investor whose priority date is current under Dates for Filing but not under Final Action Dates cannot file an I-485 on that basis. The chart designation is set monthly, so the governing chart should be confirmed immediately before filing. See the filing chart note in the Visa Bulletin section above and our EB-5 Concurrent Filing page.
USCIS announces a revised inventory-management approach for Forms I-526 and I-526E
In early 2026, USCIS announced a revised inventory-management approach for Forms I-526 and I-526E, affecting how investor petitions are assigned for review — including the relationship between I-526E adjudication and the associated Form I-956F project petition. In general terms, rural I-526E petitions are prioritized on a first-in, first-out basis, and other I-526E and post-RIA I-526 petitions are assigned on a FIFO basis once the rural queue is cleared or sufficiently advanced, with USCIS able to group petitions by visa subcategory to facilitate use of the reserved (set-aside) visas. Public commentary has reported differing effective dates for this change; investors should confirm current USCIS guidance with counsel. The practical effect on EB-5 processing order — and therefore on individual processing times — will become clearer over the coming months. See our EB-5 Visa Processing Time page.
Foreign Affairs Manual updates affecting EB-5 consular processing
The Department of State made changes to the Foreign Affairs Manual provisions relevant to immigrant visa processing. EB-5 investors processing abroad through a U.S. consulate should review current consular guidance with counsel. Our EB-5 Visa Guide sets out the consular processing route in detail.
EB-5 USCIS filing fees remain affected by Moody v. Noem and proposed rulemaking
On November 12, 2025, the U.S. District Court for the District of Colorado issued a decision in Moody v. Noem, No. 24-cv-00762-CNS, staying certain EB-5 related fees codified by DHS in the 2024 USCIS Fee Rule (effective April 1, 2024). As a result, USCIS announced it would accept the EB-5 fees in effect before April 1, 2024 — see the official USCIS alert on the court order. DHS has separately proposed a new EB-5 fee rule. Because the fee USCIS will accept can change between the day a case is started and the day it is filed, investors should treat government fees as a variable component of the budget and confirm the exact amount immediately before filing. A filing rejected for an incorrect fee may not preserve the intended filing date or priority-date strategy. See our EB-5 Visa Costs and Fees page for current fee ranges and a fee-rejection checklist.
USCIS reverts to the more restrictive CSPA age-calculation method — a real aging-out risk for EB-5 children
Effective for adjustment of status applications filed on or after August 15, 2025, USCIS calculates a derivative child’s “CSPA age” using the date a visa becomes available under the Final Action Dates chart of the Visa Bulletin, rather than the earlier and more generous Dates for Filing chart used under the February 2023 policy. Adjustment applications that were already pending before August 15, 2025 continue to be treated under the older February 2023 policy.
This matters directly for EB-5 families. The Child Status Protection Act protects an unmarried child under 21 who is included as a derivative on a parent’s EB-5 petition; if the child “ages out” past 21 during processing, they can lose eligibility to immigrate with the parent. Under the reinstated policy, an EB-5 family may become eligible to file an I-485 when the Dates for Filing chart permits it, yet the child’s CSPA age will not be fixed until the later Final Action Date becomes current. A child who appeared protected under the filing chart can therefore still age out before the Final Action Date arrives. The gap between the two charts is widest exactly where EB-5 backlogs are longest — principally India and China in the Unreserved category.
EB-5 families with a child approaching 21 should have the CSPA age calculated under the current method before relying on it, and should factor the set-aside categories — which are currently listed as Current in the Visa Bulletin — into the timing analysis. See the USCIS alert, USCIS Updates Policy on CSPA Age Calculation, and discuss your family’s specific dates with EB-5 counsel.
What We Are Watching
These EB-5 issues are unresolved as of the date above. We expect each to move over the coming months, and will add a dated entry to the log when it does.
- EB-5 fee rulemaking. DHS has proposed a new EB-5 fee rule following the court’s stay of certain EB-5 fees from the 2024 Fee Rule. Depending on the form type, the final fees may differ from both the temporarily reinstated pre-April 2024 fees and the stayed 2024 fee schedule. Investors should confirm the correct USCIS fee immediately before filing.
- EB-5 Unreserved retrogression. The Department of State has flagged India EB-5 Unreserved for possible retrogression or unavailability. Investors relying on the Unreserved category should watch the next bulletin closely.
- Implementing guidance for PM-602-0199. Detailed guidance on how the adjustment-of-status discretion memo will be applied has not yet been published, and EB-5-specific guidance may follow. Legal challenges are also anticipated.
- Regional Center program authorization. The Regional Center program is currently authorized through September 30, 2027, unless Congress extends or amends the authorization. As that date approaches, reauthorization will become a live issue.
► New to EB-5? Start with our EB-5 Visa Guide for a full program overview, then see EB-5 Visa Requirements, the EB-5 Process, and EB-5 Visa Costs and Fees.
Frequently Asked Questions
How often is this EB-5 Updates page updated?
This page is reviewed monthly, normally after the U.S. Department of State publishes the next Visa Bulletin, and is also updated on an ad hoc basis when a significant EB-5 development occurs, such as a court order on USCIS fees or a new USCIS policy memorandum. Each entry is dated so you can see how current it is.
Are the EB-5 set-aside categories still current in the latest Visa Bulletin?
In the June 2026 Visa Bulletin, the three EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) are listed as current for every country of chargeability, including India and China. The EB-5 Unreserved category remains backlogged for India and China. Visa availability changes monthly, so confirm the current position in the latest Visa Bulletin before relying on it.
Does a “Current” Visa Bulletin mean there is no EB-5 backlog?
No. A category shows a cutoff date in the Visa Bulletin only when the number of fully processed applicants ready for a visa exceeds the visas available that year. A “Current” status is therefore driven by the pace of government adjudication, not by the size of the queue behind it. A set-aside category can show “Current” while a large number of investors are still working through I-526E and I-956F processing and have not yet become countable visa applicants — so 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, alongside category filing volumes, rather than as a complete picture of the wait. See the “Why ‘Current’ does not mean ‘no backlog’” discussion in the Visa Bulletin section above.
What is the current EB-5 filing fee situation?
EB-5 USCIS filing fees have been the subject of litigation in Moody v. Noem, which stayed certain EB-5 related fee increases, and of proposed rulemaking by DHS. Because the fee in effect can change between the day a case is started and the day it is filed, the exact fee should be confirmed with counsel immediately before filing. See our EB-5 Visa Costs and Fees page for current ranges.
Did the May 2026 USCIS discretion memo change the EB-5 program?
USCIS Policy Memorandum PM-602-0199, issued on May 21, 2026, directs officers to treat adjustment of status as a discretionary, closely scrutinized benefit. It does not repeal INA § 245 or eliminate EB-5 concurrent filing, which remains expressly authorized by INA § 245(n). However, INA § 245(n) addresses whether the I-485 may be properly filed; it does not guarantee approval or remove USCIS’s discretion. A concurrent EB-5 I-485 should therefore be prepared as a thorough legal submission with a strong discretionary record. See EB-5 Concurrent Filing & the May 2026 USCIS Discretion Memo.
How does the August 2025 CSPA policy change affect EB-5 children?
Effective for adjustment of status applications filed on or after August 15, 2025, USCIS calculates a derivative child’s CSPA age using the Final Action Dates chart of the Visa Bulletin rather than the more generous Dates for Filing chart. For an EB-5 family, this means a child may be eligible to file Form I-485 when the Dates for Filing chart permits it, but the child’s CSPA age is not fixed until the later Final Action Date becomes current — so a child who looked protected can still age out. Families with a child approaching 21 should have the CSPA age calculated under the current method and discuss the timing with EB-5 counsel. See the 15 Aug 2025 entry in the update log above.
► Related: EB-5 Visa Guide · Concurrent Filing & the USCIS Discretion Memo · EB-5 Visa Costs and Fees · EB-5 Visa Processing Time
This page is provided for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. EB-5 law, USCIS guidance, and the Visa Bulletin change frequently; entries reflect our understanding as of the date shown on each entry. Please consult qualified EB-5 counsel before taking any action based on this page.
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