EB-2 India Is Unavailable Until October 2026 — and Why EB-5 Rural Reserved Stays Open

The U.S. Department of State confirmed in late May 2026 that the EB-2 India annual visa limit for fiscal year 2026 has been reached, making the category unavailable through September 30, 2026. No EB-2 India green cards will be issued until October 1, 2026. In the same period, the EB-5 Rural and High-Unemployment reserved categories remain current for India — a separate, employer-independent path to U.S. residency that is open right now.

Key Takeaways

1. EB-2 India is unavailable for the remainder of fiscal year 2026; no EB-2 India immigrant visas or green-card approvals will be issued until October 1, 2026.
2. The June 2026 Visa Bulletin lists the EB-2 India Final Action Date at September 1, 2013 — a backlog exceeding 12 years even before the shutdown.
3. Pending EB-2 India adjustment applications stay on file, but USCIS cannot approve any case needing an EB-2 India visa number until the new fiscal year begins.
4. The EB-5 Rural (20%) and High-Unemployment (10%) reserved set-aside categories are listed Current (“C”) for India in the June 2026 Visa Bulletin.
5. The EB-5 reserved path is employer-independent and, for eligible applicants already in the U.S., generally allows a concurrent I-485 adjustment of status filing.
6. The September 30, 2026 EB-5 grandfathering deadline protects a properly filed I-526E petition even if the program changes afterward.

For Indian nationals in the EB-2 category, 2026 has delivered the news many feared: EB-2 India is now unavailable for the remainder of the federal fiscal year. The U.S. Department of State has confirmed that India’s annual EB-2 immigrant visa allotment for fiscal year 2026 has been exhausted, which means no EB-2 India green card will be issued through September 30, 2026. For families who have already waited years in the employment-based backlog, this is another adjudication paused and another cycle of visa-status uncertainty. Yet the same framework that closed EB-2 India left a different door open — the EB-5 reserved categories created by the EB-5 Reform and Integrity Act of 2022. Understanding the gap between the EB-2 India backlog and EB-5 reserved availability is one of the most consequential planning decisions an Indian investor can make in 2026.

1. Why Is the EB-2 India Category Unavailable Through September 2026?

The EB-2 India category is unavailable because the U.S. Department of State confirmed in late May 2026 that India’s annual EB-2 immigrant visa limit for fiscal year 2026 has been reached, closing the category through September 30, 2026.

Employment-based green cards are capped two ways: a worldwide annual limit and a per-country ceiling of roughly 7% of the total. India’s demand vastly exceeds that ceiling, so when its EB-2 share for the fiscal year is consumed, the category must be designated “unavailable” until numbers reset.

1. A statutory cap, not a policy choice. Once India’s pro-rated EB-2 allotment for FY2026 was used, the State Department was required to make the category unavailable and stop honoring requests for visa numbers.
2. The bulletin warned this was coming. The June 2026 Visa Bulletin had already retrogressed EB-1 and EB-2 India and stated the categories could be made unavailable before the fiscal year ends — the late-May confirmation followed that warning.
3. A 12-year backlog underneath. Even before the shutdown, the EB-2 India Final Action Date sat at September 1, 2013, meaning only petitions with priority dates earlier than that date were eligible for a visa number.

2. What Happens to Pending EB-2 India Applications?

Pending EB-2 India adjustment of status applications remain on file, but U.S. Citizenship and Immigration Services (USCIS) cannot approve any case that requires an EB-2 India visa number until the new fiscal year begins on October 1, 2026.

1. Filings continue; approvals pause. Consistent with prior visa-exhaustion periods, USCIS is still expected to accept Form I-485 filings from applicants whose priority dates are current under the applicable Visa Bulletin chart.
2. No visa number, no green card. An approved I-140 does not help when no visa number is available — it is issuance, the final step, that the unavailability blocks.
3. The clock resets October 1. When FY2027 limits take effect, EB-2 India numbers become available again and USCIS may resume adjudicating pending cases — subject to the priority dates published in the October 2026 Visa Bulletin.

3. Is EB-5 Affected by the EB-2 India Visa Shutdown?

EB-5 is not affected by the EB-2 India shutdown: in the June 2026 Visa Bulletin, the EB-5 Rural and High-Unemployment reserved (set-aside) categories are listed as Current for India, meaning visa numbers are available now.

A reserved (set-aside) category is a pool of EB-5 visas that the EB-5 Reform and Integrity Act of 2022 carved out and scored independently of other employment-based categories. Because these pools are separate, they can remain current for India while EB-2 India and even the EB-5 unreserved category are backlogged.

1. Three reserved pools. The RIA reserved 20% of annual EB-5 visas for rural projects, 10% for high-unemployment areas, and 2% for infrastructure — each counted separately from the unreserved category.
2. Rural and High-Unemployment are current for India. As of the June 2026 Visa Bulletin, both reserved categories show “C” for India: no backlog and no waiting line to clear before a petition can move forward.
3. Mind the unreserved nuance. The EB-5 unreserved category for India is not current — it carries a Final Action Date of May 1, 2022, and the same bulletin warned it may retrogress or become unavailable. The reserved categories are the ones that remain open.

This distinction is concrete, not theoretical. An I-956F approved Rural TEA project such as Beyond Paradise 1 sits in the 20% rural reserved pool — the same bucket the June 2026 Visa Bulletin lists as current for India today.

4. Can H-1B Holders File EB-5 While EB-2 India Is Unavailable?

Yes — an Indian H-1B holder whose priority date is current under the EB-5 reserved category can generally file the I-526E petition and a concurrent I-485 adjustment of status without employer sponsorship, while remaining in the United States.

1. Employer-independent residency. EB-5 status is tied to a qualifying investment, not to an employer or an H-1B sponsor — which removes the layoff-and-grace-period exposure that defines life on a work visa. The mechanics are covered in detail in the EB-5 strategy guide for Indian H-1B holders.
2. Concurrent filing. Because the reserved category is current, eligible applicants in valid status can generally file Form I-526E and Form I-485 together, often obtaining a work permit and travel document while the petition is pending. Eligibility depends on individual circumstances and current USCIS practice.
3. A USD $800,000 commitment. The reserved and rural minimum investment is USD $800,000, deployed into a qualifying new commercial enterprise — capital that is genuinely at risk, but placed on a defined path with a defined timeline rather than an open-ended backlog.

5. How the EB-5 Reserved Path Compares to Waiting in the EB-2 India Line

For an Indian investor weighing options in 2026, the practical contrast is stark: EB-2 India is closed with a 12-year backlog beneath it, while the EB-5 reserved categories are current and investor-directed.

The table below summarizes how the two paths compare for an Indian applicant as of the June 2026 Visa Bulletin.

The Bottom Line: EB-2 India being unavailable until October 2026 is not a one-month inconvenience — it is the latest signal that the employment-based backlog is structurally stuck for Indian nationals. The EB-5 reserved categories created by the RIA were designed for exactly this moment: a separate, current, employer-independent route to U.S. permanent residency. The window is not unlimited. The September 30, 2026 grandfathering deadline and the live availability of reserved numbers both favor investors who plan now rather than wait for a line that has not moved in over a decade.

Frequently Asked Questions

When will EB-2 India green cards be available again?

EB-2 India visa numbers are expected to become available again when the new fiscal year begins on October 1, 2026. At that point USCIS may resume adjudicating pending EB-2 India cases, subject to the priority dates published in the October 2026 Visa Bulletin.

What is the EB-5 reserved (set-aside) category?

The EB-5 reserved categories are visa pools created by the EB-5 Reform and Integrity Act of 2022: 20% of annual EB-5 visas for rural projects, 10% for high-unemployment areas, and 2% for infrastructure. They are scored separately from the EB-5 unreserved category, which is why they can be current for India while other categories are backlogged.

How long does Rural EB-5 take compared to waiting for EB-2 India?

Because the EB-5 Rural reserved category is current for India, there is no visa-bulletin waiting line to clear before a petition can move forward — unlike EB-2 India, which carried a Final Action Date of September 1, 2013 in the June 2026 Visa Bulletin. Actual processing time still depends on USCIS adjudication of the I-526E and the individual case, and no timeline is guaranteed.

Does the EB-5 unreserved category have the same backlog as EB-2 India?

The EB-5 unreserved category for India is also backlogged — the June 2026 Visa Bulletin lists a Final Action Date of May 1, 2022 and warns it may retrogress or become unavailable. The reserved categories (rural and high-unemployment) are the ones that remain current for India.

Do I need to leave the United States to pursue EB-5?

Not necessarily. An applicant in valid nonimmigrant status whose EB-5 reserved priority date is current can generally file Form I-485 to adjust status inside the United States, often concurrently with the I-526E petition. Eligibility depends on individual circumstances and current USCIS adjudication practice.

What is the September 30, 2026 EB-5 grandfathering deadline?

The September 30, 2026 grandfathering deadline is a provision of the EB-5 Reform and Integrity Act of 2022. An I-526E petition properly filed on or before that date remains valid for processing even if the EB-5 Regional Center Program lapses or is modified afterward.

Beyond International Group serves as a fiduciary NCE Manager — backed by an institutional fund platform — applying the same rigor to your EB-5 reserved investment that we apply to every fund we manage.

If you are seeking an EB-5 project with strong immigration protection and a reserved-category path that is current for India, Beyond Paradise 1 is an opportunity not to be missed.

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