The U.S. Department of State’s January 2026 Visa Bulletin delivers a clear message for EB-5: set-aside categories remain “Current,” and unreserved cut-off dates continued to move forward—most notably for India.
Below is what moved, what it may signal, and what it could mean for EB-5 planning.
The EB-5 headline: Set-asides stay Current, unreserved keeps inching forward (with a major India surprise)
EB-5 Final Action Dates (Chart A) — January 2026
These are the dates that matter for visa issuance (consular processing) and final approval of adjustment of status.
For EB-5 Unreserved (including C5/T5/I5/R5/NU/RU):
- China (mainland-born): August 15, 2016
- India: May 1, 2022
- All other countries: Current
For EB-5 Set-Asides (Rural / High Unemployment / Infrastructure): Current for all chargeability areas.
EB-5 Dates for Filing (Chart B) — January 2026
These are the dates that can open (or limit) the ability to submit documents to NVC and—if USCIS allows Chart B for that month—file an I-485 for adjustment of status in the U.S.
For EB-5 Unreserved (including C5/T5/I5/R5):
- China (mainland-born): August 22, 2016
- India: May 1, 2024
- All other countries: Current
For EB-5 Set-Asides: again, Current across the board.
Notable month-over-month movements (December 2025 → January 2026)
To understand why this bulletin stands out, it helps to compare it to December 2025.
India unreserved: the biggest story
- Final Action Date (Chart A) advanced from July 1, 2021 (Dec) to May 1, 2022 (Jan).
- Dates for Filing (Chart B) advanced from April 1, 2022 (Dec) to May 1, 2024 (Jan)—a dramatic leap that meaningfully changes who may be able to take the next step in the process (especially those residing in the U.S. who may benefit if Chart B is accepted for AOS filings).
Industry analysts highlighted the scale of this shift. IIUSA quantified it as a 304-day Final Action advance and a 761-day Dates for Filing advance, and noted it is the first movement in India’s unreserved Dates for Filing since 2022.
Suzanne Lazicki also flagged this as a “huge leap forward” for India Unreserved, emphasizing that the bulletin contains no retrogression and no renewed warning language about set-aside cut-off dates.
China unreserved: steady, modest forward motion
- Final Action Date (Chart A) moved from July 15, 2016 (Dec) to August 15, 2016 (Jan).
- Dates for Filing (Chart B) moved from July 22, 2016 (Dec) to August 22, 2016 (Jan).
This is incremental, but still directionally positive.
Set-asides: still Current, and no near-term warning language
The most practical takeaway for many investors is simple: Rural, High Unemployment, and Infrastructure categories remain Current in both charts.
Importantly, commentators noted the absence of warning language (the type of note that sometimes signals potential cut-off dates in a future month).
What EB-5 experts are reading between the lines
1) India’s leap raises real questions about underlying demand and processing
When a cut-off date advances meaningfully, it can reflect a mix of factors—visa usage patterns, case completion rates, and how many applicants are “actively” pursuing the category at NVC or through adjustment of status.
Suzanne Lazicki pointed out that the India unreserved movement could imply either unusually high India unreserved visa issuance in recent months or substantial attrition among cases reflected in pending inventories—while also underscoring that the move is “extremely interesting” from a visa mechanics standpoint.
From an investor perspective, the key point isn’t guessing the single “true” cause—it’s recognizing that visa bulletin movement can be non-linear, and that priority date strategy (and category selection) matters.
2) Set-asides staying Current may say as much about processing capacity as demand
A common misconception is that “Current” automatically means “no demand.” In EB-5 set-asides, demand can grow meaningfully while categories remain Current—particularly if the pace of completions (visa issuance / AOS adjudication) doesn’t rise as quickly as filings.
Lazicki suggested that the continued lack of movement (or cut-offs) in set-asides may reflect slow government processing volumes, even as approvals exist and backlogs can quietly build behind the scenes.
IIUSA similarly emphasized that set-asides are still Current, and specifically noted that the Notes section did not include a warning about imminent retrogression in reserved categories.
Practical implications for EB-5 investors
If you’re India-born
This bulletin materially changes the landscape for unreserved planning:
- More India-born applicants may now be “in range” under Chart B (Dates for Filing), which can matter greatly for those in the U.S. if Chart B is used for AOS filings in a given month.
- It’s also a reminder that the “place in line” value of the priority date can shift faster than expected in either direction.
If you’re China-born
China unreserved continues its slow forward progress:
- While the move is modest, continued advancement helps validate that the system is still working through the pipeline, even if slowly.
If you’re from the rest of the world (ROW)
- Unreserved is Current, and set-asides are Current—which underscores why many investors prioritize getting a well-structured filing in place sooner rather than later.
If you’re considering Rural / HUA / Infrastructure
- Set-asides remain a meaningful strategic option because “Current” preserves the ability to keep moving forward without a published cut-off date (subject, of course, to normal processing timelines and case-specific factors).
- The absence of warning language is reassuring, but investors should still plan with discipline: category availability can change during the fiscal year.
Reference: January 2026 Visa Bulletin
What we’ll be watching next
- Whether reserved categories remain Current as FY2026 progresses, especially as more I-526E approvals translate into downstream visa/AOS demand. (Invest In the USA)
- Whether India unreserved continues to advance (or stabilizes), and what that suggests about completions and demand. (Travel.gov)
- Any return of “warning” language in the Notes section—often the earliest signal that the agencies are preparing to manage category usage more tightly. (EB-5 Updates)
Final takeaway
The January 2026 Visa Bulletin reinforces two key themes for EB-5:
- Set-aside categories remain Current, preserving a valuable window for eligible investors.
- Unreserved cut-off dates moved forward again, and India saw an unusually large step forward—one that could meaningfully affect planning for many applicants.
This post is for informational purposes only and does not constitute legal advice. EB-5 timing and strategy are case-specific; investors should consult qualified immigration counsel regarding their situation.
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