EB-5 for India: Priority Date, Wait Time, and Rural Set-Aside

India is one of two countries (with China) facing the heaviest EB-5 demand. Under the legacy Unreserved category, Indian-born investors have historically faced 5-7+ year waits before a visa becomes available. The post-RIA reserved set-asides change that math dramatically.

• •Unreserved EB-5 (legacy): India faces a multi-year backlog — exact wait varies month-to-month based on the Visa Bulletin. Plan around 4-7+ years from I-526E filing to conditional GC under this category.
• •Rural Reserved (20% set-aside): current for India in 2026 — meaning Indian applicants can move from I-526E to conditional GC without waiting for a visa number. Combined with priority adjudication, the rural route is structurally several years faster.
• •Urban Reserved (10% set-aside): also flowing for India in 2026 but with periodic retrogression risk. Less stable than Rural.
• •Concurrent filing for India-born H-1B / L / O / F-1 OPT holders: if physically in the US in valid status AND in the Rural category (which is current), can file I-526E + I-485 + I-765 + I-131 together — EAD + AP within months.
• •CSPA age-out protection: children under 21 at filing are CSPA-protected through the conditional GC, which matters disproportionately for Indian families given the legacy backlog. Rural Reserved further reduces age-out risk.
• •Priority date locking: the I-526E filing date locks your priority date. Filing earlier in 2026 (especially before the September 30 grandfathering deadline) locks current advantages.

For an Indian H-1B holder, the practical advice in 2026 is: file Rural Reserved, file concurrently if eligible, and file before September 30, 2026 to lock in the current framework.