The U.S. Department of State released the July 2025 Visa Bulletin, delivering a significant blow to Indian-born EB-5 investors: the Unreserved EB-5 category for India is now officially closed, with no visa numbers available through at least the end of September 2025. This retrogression means that applicants born in India who are relying on the Unreserved EB-5 preference category cannot move forward with immigrant visa issuance or adjustment of status applications during this period.

The EB-5 Immigrant Investor Program allows foreign nationals to obtain lawful permanent residence by investing a qualifying amount of capital into a U.S. commercial enterprise that creates jobs for American workers. The program is divided into Reserved and Unreserved categories following the EB-5 Reform and Integrity Act of 2022. Reserved visas are set aside for rural projects, high unemployment areas, and infrastructure projects, while Unreserved visas are available to all other EB-5 investors. India has historically faced severe visa backlogs due to the high volume of applicants relative to the annual per-country cap.

The closure of the Unreserved category for India affects a broad population of investors who have already committed capital to EB-5 projects but have not yet received their immigrant visas or had their adjustment of status applications approved. For those already in the United States on nonimmigrant status, this retrogression may complicate their ability to extend or change status while awaiting green card approval. For consular processing applicants abroad, visa interview scheduling will be suspended for this category.

The immediate implications are serious. Investors with pending I-526E petitions who were anticipating visa availability should not expect forward movement until at least October 2025, and further retrogression remains possible. Those who have filed or are preparing to file I-485 adjustment of status applications must confirm that a visa number is available at the time of filing under the Dates for Filing chart, if applicable, or the Final Action Date chart.

Important Notice
The Peng Law strongly recommends that all affected Indian-born EB-5 investors take the following steps without delay. First, schedule an urgent consultation with your immigration attorney to review your specific case status and filing strategy. Second, verify whether your investment qualifies under a Reserved category, which may offer an alternative pathway with greater visa availability. Third, review your current nonimmigrant status and ensure you maintain lawful status throughout the waiting period. Fourth, monitor the Visa Bulletin monthly, as conditions can change and forward movement is possible.

This development is a stark reminder of the volatility inherent in the EB-5 visa process for high-demand countries. Proactive planning and close coordination with experienced immigration counsel are essential to protecting your investment and your immigration goals. The Peng Law will continue to monitor the Visa Bulletin and provide timely updates as the situation evolves.