September 2026 Visa Bulletin: EB-5 Set-Asides Remain Current

The September 2026 Visa Bulletin delivers an important, but nuanced, message for EB-5 investors: the reserved EB-5 set-aside categories remain current across all chargeability areas. This includes the Rural, High Unemployment, and Infrastructure categories, all of which are listed as “Current” under both the Final Action Dates and Dates for Filing charts. For investors pursuing rural EB-5, this continued availability remains a meaningful advantage, particularly for families seeking both immigration flexibility and a potentially clearer visa pathway. (Travel State)

The picture is more complicated in the unreserved EB-5 category. While most countries remain current, China-mainland born investors remain subject to a Final Action Date of December 1, 2016, and India is listed as “Unavailable” for unreserved EB-5 final action in September. Under Dates for Filing, China is listed at March 1, 2017, while India is listed at May 1, 2024. This distinction reinforces why the reserved categories created under the Reform and Integrity Act continue to play such an important role in EB-5 planning.

Investors should also pay close attention to the Department of State’s year-end warning. The Visa Bulletin specifically notes that sufficient demand and increased visa number use in the EB-5 unreserved category may require retrogression or even make the category unavailable before the end of FY2026. This is especially relevant as the fiscal year comes to a close and visa number allocation becomes more constrained.

This matters because “current” does not mean unlimited. It means visas are available under the current monthly bulletin, subject to annual limits, category limits, usage patterns, and future demand. A category that is current today can still change in a future bulletin if demand increases or visa numbers are exhausted.

For investors inside the United States considering adjustment of status, the Visa Bulletin also reminds applicants to confirm whether USCIS permits use of the Dates for Filing chart or requires the Final Action Dates chart for that month. This can directly affect whether an investor may file Form I-485 concurrently with, or after, an I-526E petition.

The key takeaway is clear: rural EB-5 remains one of the most strategically important categories for qualified investors, but timing still matters. Investors should evaluate visa availability together with the September 30 grandfathering deadline, source-of-funds readiness, project quality, and guidance from experienced immigration counsel before moving forward.