EB-5 Unreserved Just Closed for India — Why Rural Reserved Is the Last EB-5 Door Open in 2026

For India-born investors, EB-5 unreserved is now unavailable — the standard EB-5 lane has closed for the remainder of the fiscal year. The State Department confirmed the EB-5 Unreserved category for India reached its FY2026 annual limit, making it immediately unavailable through September 30, 2026; visa numbers cannot be issued, and pending cases will be held until limits reset on October 1. This is the same numerical pressure that already pushed EB-2 India to unavailable and forced retrogression across EB-1 and EB-2. But one EB-5 path is untouched: the Rural Reserved set-aside remains current for every country, including India and China. For India-born investors weighing how to act before the September 30, 2026 grandfathering deadline, this is now the most consequential distinction in the program.

1. What Just Happened: EB-5 Unreserved Is Now Unavailable for India

The monthly Visa Bulletin assigns each country a position in the EB-5 unreserved (non-set-aside) category. India had been backlogged with a final action date in 2022; it has now crossed from a date to fully unavailable.

1. The annual cap was reached. The FY2026 numerical limit for EB-5 Unreserved chargeable to India has been used up. Under the Immigration and Nationality Act, once an annual limit is met, the category must be made unavailable for the rest of the fiscal year.
2. Numbers reset on October 1, not before. Unavailability runs through September 30, 2026, the end of the federal fiscal year. Annual limits reset on October 1, 2026, at which point processing in the unreserved category for India can resume.
3. Filing is not the same as approval. USCIS is expected to continue accepting adjustment-of-status filings that were current under the June bulletin, but those cases are held for adjudication until a visa number becomes available. EB-2 has already been unavailable for India, and the unreserved EB-5 closure now extends that pressure to the standard EB-5 route.
4. More categories were flagged. The State Department warned that demand could force further retrogression or unavailability in additional categories before the fiscal year ends — a signal that backlogs are tightening, not easing.

2. Why the Rural Reserved Set-Aside Stays Open

The Reform and Integrity Act of 2022 (RIA) created reserved visa set-asides that draw from separate pools — 20% for Rural, 10% for High Unemployment, and 2% for Infrastructure. Because these pools are distinct from the unreserved category, they do not move with it.

1. Current for all countries. The Rural, High Unemployment, and Infrastructure set-asides remain current for every country of chargeability in 2026 — including India and China. A rural EB-5 filing today faces no visa-availability wait at the bulletin level.
2. A separate pool, by design. The unreserved category reaching its limit does not draw down the reserved pools. The set-asides were built precisely so that backlogged-country investors would have a structurally distinct path.
3. Priority processing on rural. USCIS adjudicates rural petitions on a priority basis. For India-born investors, that means the fastest available route from filing to decision currently runs through a rural project — not the unreserved category that just closed.
4. So what this means. For an India-born investor, the practical effect is stark: the unreserved EB-5 door is shut until at least October, while the rural door is open and current today. The category you file under now determines whether you wait or move.

3. What This Means If You're India-Born and Filing in 2026

The closure raises the stakes on category selection, especially for Indian H-1B holders already in the United States who can pair a rural filing with concurrent filing.

File Into the Reserved Category

Filing an I-526E into an I-956F-approved rural project places you in the Rural Reserved pool — the lane that is current — rather than the unreserved category that is now unavailable for India.

Use Concurrent Filing If You Qualify

Investors physically present in the U.S. in valid status can file I-526E and I-485 together, which can unlock an Employment Authorization Document and Advance Parole within months while the petition is pending.

Two Separate September 30 Dates — Don't Conflate Them

One is the fiscal-year reset: unreserved unavailability lifts when limits reset on October 1. The other is the grandfathering deadline: an I-526E filed on or before September 30, 2026 is grandfathered if the Regional Center Program later lapses or changes. They land near the same date but address different risks.

Beyond Paradise 1: A Rural Example Already in the Ground

Policy explains why rural is the open lane; a project shows what filing into it looks like in practice. Beyond Paradise 1, a rural TEA community of 120 townhomes on Hawaii's Big Island, carries the structural features that make the reserved category work — alongside the evidence that it is real:

1. Dual USCIS validation. I-956F is approved at the project level, and I-526E petitions have been approved at the individual level — one in approximately seven months from filing. The petition begins on a foundation USCIS has already reviewed at both levels.
2. Construction underway, jobs creating now. As of June 2026, vertical construction is underway with the second story of Phase 1 homes rising, and over $22M has been deployed into the project. Documented U.S. job creation is already underway — occurring while petitions are pending, which is exactly what I-829 ultimately requires you to demonstrate.
3. Repayment structured through home sales. Rather than depending on a refinancing event or a lease-up cycle, the project is structured to return capital as homes sell — in a Kona corridor that has seen little new residential supply in roughly two decades, with short-term-rental-eligible units broadening the buyer pool.

4. Key Questions Before You File

1. Is the project designated Rural TEA, not Urban or Direct? Only the rural set-aside combines a current visa position for India with priority processing in 2026.
2. Does the project hold I-956F approval? Project-level USCIS approval supports faster individual adjudication and signals the business plan and job-creation model have already been reviewed.
3. Are you eligible to file concurrently? If you are in the U.S. in valid status, concurrent I-526E and I-485 filing can provide work and travel authorization while you wait.
4. Can you file on or before September 30, 2026? Filing by that date secures grandfathering protection — a separate benefit from the fiscal-year reset.
5. How is your capital protected? Visa availability is only one layer. The capital structure, completion guarantees, and exit terms — including whether repayment depends on a refinancing event or on home sales — determine what happens to your $800,000 if the project hits headwinds.

Summary: EB-5 India in 2026 — Feature by Feature

The Bottom Line: The EB-5 unreserved category closing for India does not close EB-5 for India — it sharpens the case for the path that was always the stronger one. The Rural Reserved set-aside remains current while the unreserved and EB-2 categories sit unavailable, and it pairs that current position with priority processing. For India-born investors, the question in 2026 is no longer whether to use EB-5, but which category to file under — and the answer the visa bulletin keeps confirming is rural.

Beyond International Group serves as your fiduciary NCE Manager — backed by an institutional fund platform — applying the same rigor to category strategy and capital protection that we apply to every fund we manage.

If you are seeking an EB-5 project with a current reserved visa position for India, dual USCIS validation, and construction already underway, Beyond Paradise 1 is an opportunity not to be missed.

Schedule a Free Consultation Today.