The U.S. Department of State released the October 2026 Visa Bulletin in late September — the first bulletin of Fiscal Year 2027. With a fresh annual allocation of immigrant visas, several employment-based categories advanced. For EB-5 applicants, three changes stand out.
EB-5 at a glance
| Category | Chargeability | Chart A (Final Action) | Chart B (Dates for Filing) |
|---|---|---|---|
| Unreserved | China mainland | December 1, 2016 (unchanged) | March 1, 2021 (from March 1, 2017) |
| Unreserved | India | December 1, 2023 (from Unavailable) | May 1, 2024 (unchanged) |
| Rural set-aside | All countries | Current | Current |
| High-unemployment set-aside | All countries | Current | Current |
| Infrastructure set-aside | All countries | Current | Current |
Change 1: China unreserved Chart B advances four years
For China-born investors who filed before the RIA, the headline is Chart B: the Dates for Filing cutoff moved from March 1, 2017 straight to March 1, 2021.
Chart B governs filing eligibility, not final approval. If USCIS announces that employment-based applicants may use Chart B in a given month, applicants with a priority date earlier than March 1, 2021 who are in the United States and otherwise eligible may file Form I-485, and with it applications for an EAD and advance parole.
The caveat is important: a Chart B advance does not mean a green card can be approved. Final approval of the I-485 still requires Chart A to reach the applicant’s priority date — and Chart A for China stayed at December 1, 2016 this month.
Change 2: India unreserved is available again
India’s EB-5 unreserved category was listed as Unavailable during the closing months of FY2026. With the new fiscal year, Chart A shows a date of December 1, 2023. This is the typical effect of the annual quota reset and a reminder that a late-year “Unavailable” usually signals exhausted numbers rather than a permanent closure.
Change 3: all set-asides remain Current
The rural, high-unemployment, and infrastructure set-aside categories are Current under both Chart A and Chart B. For families considering a new post-RIA petition, the gap between reserved and unreserved categories remains the central factor in estimating timelines.
This site also notes that Current describes today’s status, not a guarantee. As post-RIA demand accumulates, reserved categories could eventually develop their own cutoff dates.
What applicants should do
- USCIS has announced that employment-based applicants may use Chart B for I-485 filings in October 2026 (Chart A applied in September). IIUSA reads the large Chart B advance as a signal that China’s Chart A could move quickly during FY2027, and suggests India’s December 1, 2023 date — rather than Current — may preserve numbers for remaining pre-RIA applicants.
- Before filing an adjustment application, check USCIS’s monthly “Adjustment of Status Filing Charts” page; USCIS decides separately whether Chart A or Chart B applies that month.
- Early-fiscal-year movement does not predict the rest of the year. Dates shift with demand and visa usage, so follow each monthly bulletin.
- Pre-RIA investors should confirm their priority date, I-485 eligibility, and document readiness with counsel.
Further reading: How to Read the Visa Bulletin · The Three Reserved Visa Categories · Concurrent I-485 Filing
Sources
- IIUSA, “October 2026 Visa Bulletin: Significant Advancements in Unreserved EB-5” (September 30, 2026)
- U.S. Department of State, Visa Bulletin for October 2026
- ARCFE, “OCTOBER 2026 VISA BULLETIN” (September 30, 2026)