The U.S. Department of State released the July 2025 Visa Bulletin, and it contains critical news for Indian-born EB-5 investors: the Unreserved EB-5 category for India has been officially closed and will remain unavailable through at least September 30, 2025. This means that Indian nationals whose EB-5 petitions fall under the Unreserved pool cannot currently file for adjustment of status or proceed with consular processing, regardless of how long they have been waiting.
The EB-5 Immigrant Investor Program allows foreign nationals to obtain lawful permanent residence by investing a qualifying amount of capital in a U.S. commercial enterprise that creates jobs for American workers. Under the EB-5 Reform and Integrity Act of 2022, visa numbers are divided into Reserved categories — including set-asides for rural areas, high unemployment areas, and infrastructure projects — and an Unreserved pool for all other investments. India, as a high-demand country, has historically faced severe visa backlogs in the EB-5 category, and the closure of the Unreserved category reflects the exhaustion of available visa numbers for this fiscal year.
Who is affected? Indian-born investors who filed I-526 or I-526E petitions under the Unreserved EB-5 category and were anticipating movement in the Visa Bulletin are directly impacted. Those who have already received approval of their petitions but have not yet filed for adjustment of status or completed consular processing will face additional waiting periods. Investors currently in the United States on nonimmigrant status must ensure they maintain valid status during this extended wait.
The immediate implications are significant. Investors cannot file Form I-485 (Adjustment of Status) when the Unreserved category is closed for their country of chargeability. Consular interviews will not be scheduled for affected applicants. Additionally, dependent family members included in the petition face the same restrictions. The closure through September suggests that relief is unlikely before the start of the new fiscal year on October 1, 2025, when new visa numbers become available.
Recommended actions for affected investors include the following. First, verify whether your petition qualifies under any of the Reserved EB-5 categories, as those set-asides have separate visa allocations and may still be current. Second, review your current nonimmigrant status and ensure you have sufficient authorized stay to bridge the waiting period. Third, consult with your immigration attorney to evaluate whether a change of investment project to a Reserved category project is feasible and advisable. Fourth, monitor the August and September Visa Bulletins closely for any updates or changes to the cutoff dates.
The Peng Law Firm is closely monitoring this development and is available to provide individualized guidance to affected EB-5 investors. Time-sensitive decisions about investment structures, status maintenance, and filing strategies must be made carefully and with full awareness of the current visa availability landscape. Please contact our office promptly to schedule a consultation.