EB-5 in 2026: Key Visa Trends, Processing Dynamics, and What Investors Should Know Heading Into the New Year

As we approach the start of 2026, many families exploring the EB-5 Program are asking the same essential questions: What does the latest Visa Bulletin tell us? How are processing times evolving? And what should investors realistically expect in the coming year?

As we move into 2026, several clear trends are shaping the EB-5 landscape and guiding investor decision-making.

1. Visa Bulletin: Steady Today, With Signals to Watch

The most recent data in the December Visa Bulletin showed continued Current status across all three EB-5 set-aside categories:

• Rural – Current
• High Unemployment (TEA) – Current
• Infrastructure – Current

These categories, created under the EB-5 Reform and Integrity Act of 2022 (RIA), have remained Current since their introduction—one of the most significant advantages for new EB-5 applicants.

The December Visa Bulletin also showed meaningful forward movement in the unreserved EB-5 category, with:

• China advancing by more than seven months, and
• India advancing by more than five months.

This is a notable development for investors comparing pathways and evaluating timing at year-end.

What this means heading into 2026

It’s important to recognize that Visa Bulletin movement often lags behind actual demand. Post-RIA filings—particularly in Rural and High Unemployment projects—have been strong, but many of those cases have not yet moved through USCIS adjudication and into the State Department pipeline.

As a result:

• Today’s Current status may not continue indefinitely.
• Investors preparing 2026 filings may benefit from acting while visa availability remains clear.
• Visa Bulletin movement in the coming year will likely reflect increased adjudication of post-RIA I-526E petitions.

2. Set-Aside Categories and Concurrent Filing Remain Central to EB-5 Planning

One of the most meaningful features of the post-RIA EB-5 Program is the availability of reserved visa categories—Rural, High-Unemployment (TEA), and Infrastructure. All three remain Current in the December Visa Bulletin, which has important practical implications for investors.

Why “Current” Matters

When a category is Current, eligible investors can file for adjustment of status (Form I-485) at the same time they file Form I-526E, provided they are lawfully present in the United States on a valid nonimmigrant status. This is commonly referred to as concurrent filing.

Concurrent filing may allow eligible U.S.-based investors to apply for:

• Work authorization (EAD)
• Travel authorization (Advance Parole)
• Adjustment of status processing while their I-526E petition is pending

These benefits are available only when the Visa Bulletin category for an investor’s country of chargeability is Current.

Why Set-Asides Matter Going Into 2026

Because all three set-aside categories remain Current, they continue to be a strategic option for investors who may wish to pursue the benefits associated with concurrent filing. This applies regardless of country of chargeability, including investors from countries with heavier demand.

In practical terms:

• Investors filing under a Current category may have access to adjustment-of-status pathways.
• Investors choosing the unreserved category remain subject to cutoff dates that apply to their country (e.g., China and India).

The Bottom Line

The continued Current status of the reserved categories is one of the most important features of the Program heading into 2026. Investors evaluating filing options—especially those already in the U.S.—should consider how visa availability impacts eligibility for concurrent filing and the related benefits.

3. EB-5 Processing Times: Keeping Expectations Grounded

Processing times remain a top concern for investors and an area where expectations should remain realistic.

Here is what the current environment suggests heading into 2026:

I-526E petitions

• USCIS is issuing post-RIA approvals
• but timing remains highly variable
• there is not yet enough consistency to project meaningful improvements

I-829 petitions

• There has been steady adjudication activity
• but overall timelines remain lengthy

Policy environment

New security-related vetting measures implemented in late 2025 may introduce additional review layers for applicants from certain countries, which may contribute to case-specific variability.

What investors should expect

• EB-5 remains a long-term immigration pathway requiring patience.
• Timelines should not be based on assumptions of acceleration.
• Processing dynamics may continue to shift as USCIS refines post-RIA workflows.

For investors already living in the United States, concurrent filing offers a way to pursue adjustment of status and access interim benefits—including work authorization (EAD) and advance parole (AP)—while I-526E adjudication is pending.

4. Concurrent Filing Will Continue to Shape EB-5 Decision-Making in 2026

Concurrent filing — the ability to submit Form I-526E and Form I-485 at the same time — remains one of the most important features of the post-RIA landscape.

This option continues to be especially impactful for:

• H-1B professionals navigating long employment-based queues
• F-1 students and recent graduates evaluating long-term U.S. plans
• L-1 and O-1 holders seeking greater stability
• Families already living in the U.S., who benefit from adjustment-of-status flexibility

Key benefits include:

• The ability to pursue adjustment of status without waiting for I-526E approval
• Eligibility for employment authorization and travel permission
• More flexibility for families planning their longer-term future in the U.S.

Because processing times remain variable, concurrent filing will continue to play a major role in EB-5 planning throughout 2026.

5. A Broader Immigration Landscape Marked by Scrutiny

While EB-5 pathways remain stable, the broader immigration environment has seen several developments in recent months:

• New national-security vetting guidance affecting applicants from certain countries
• Public and political commentary surrounding green-card adjudications
• Increased attention on immigration processes across multiple categories

These developments do not change EB-5 eligibility or Program structure, but they do highlight the value of compliance, transparency, and choosing experienced Regional Centers.

6. Why Experience and Track Record Matter Heading Into 2026

In a maturing post-RIA environment, choosing the right EB-5 partner matters more than ever. Investors benefit from working with Regional Centers that offer:

• A long, consistent history of project execution
• A strong record of investor repayments
• Experienced developer partnerships
• Robust compliance systems
• Transparent communication practices
• Independent fund administration and operational oversight

Experience provides stability during an otherwise dynamic time in the Program.

Final Thoughts: Making Informed EB-5 Decisions for 2026

The EB-5 Program enters 2026 on steady footing:

• Set-aside categories remain Current
• The December Visa Bulletin showed substantial advancement in the unreserved category (7+ months for China, 5+ months for India)
• Concurrent filing continues to offer meaningful benefits for eligible investors
• Processing times remain variable and should be approached with realistic expectations
• Broader immigration scrutiny reinforces the importance of working with experienced, compliance-focused operators

For investors preparing filings in 2026, the most strategic approach is to make decisions based on current visa availability, personal timing goals, and the long-term nature of the Program, rather than assumptions about future changes.

CanAm will continue to monitor developments closely and provide clear, practical updates to help investors navigate the EB-5 journey with confidence.