US Visa Bulletin May 2026: EB-5 visa demand may hit limits soon for Indians

US Visa Bulletin: Rising demand from India in EB-5 category may lead to retrogression or unavailability, even as other employment-based categories remain unchanged

The US State Department on Wednesday released the Visa Bulletin for May 2026, with little movement in most employment-based categories. However, it issued a caution for Indian applicants under the EB-5 investor visa, pointing to rising demand that could soon affect availability.

 

“Sufficient demand and increased number use by India in the EB-5 unreserved visa categories may make it necessary to retrogress the final action date or make the category unavailable to hold number use within the maximum allowed under the FY 2026 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly,” the bulletin said.

   

What the warning means for EB-5 applicants

 

The EB-5 programme allows foreign nationals to obtain a Green Card by investing in the United States and creating jobs. Applicants must create at least 10 jobs to qualify.

 

Unlike other employment-based routes, the EB-5 category does not require a job offer or employer sponsorship. That has made it a preferred option for those who can meet the investment threshold.

 

For India, the Final Action Date in this category remains May 1, 2022. This means only applicants with a priority date earlier than this can currently move forward to receive a Green Card.

 

The latest bulletin points to a rise in demand from India, raising the possibility that the category could either move backwards or become temporarily unavailable if annual limits are reached.

 

Where other employment-based categories stand

 

There has been no change in the key employment-based categories for India:

 

EB-1 remains at April 1, 2023

EB-2 remains at July 15, 2014

EB-3 remains at November 15, 2013

 

Most Indian professionals apply under EB-2 and EB-3, both of which continue to face long backlogs. EB-1, which is meant for priority workers and top-tier talent, remains relatively less congested but has also seen no forward movement.

 

In the previous month’s bulletin, EB-2 and EB-3 had moved forward, but those gains have now paused.

 

What is the US Visa Bulletin?

 

The Visa Bulletin is a monthly update issued by the US State Department. It tracks the movement of Green Card categories based on country of birth and visa demand.

 

Each category has a cutoff date. If an applicant’s priority date falls before that cutoff, they can move to the next stage of the Green Card process.

 

Understanding Final Action Date and Date for Filing

 

Two key dates determine progress in the Green Card process:

 

Final Action Date: This is when a Green Card can be approved

Date for Filing: This is when an applicant can submit the I-485 adjustment of status application

 

These dates usually move forward over time. However, when demand rises beyond available visas, they can stop moving or shift backwards, a process known as retrogression.

 

Category-wise movement in May 2026 bulletin

 

EB-1 visa

 

China: April 1, 2023

India: April 1, 2023

All other countries: Current

 

EB-2 visa

 

China: September 1, 2021

India: July 15, 2014

All other countries: Current

 

EB-3 visa

 

China: June 15, 2021

India: November 15, 2013

Mexico and other countries: June 1, 2024

Philippines: August 1, 2023

 

EB-5 visa (unreserved)

 

China: September 22, 2016 (advanced by 21 days)

India: May 1, 2022

All other countries: Current