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 is officially closed, with no forward movement projected through at least September 30, 2025.
What Does 'Closed' Mean in This Context?
When the Visa Bulletin lists a category as 'C' (Current) or provides a cut-off date, visas are available for applicants with qualifying priority dates. However, when a category is listed as 'Unavailable' or effectively closed, no immigrant visas can be issued to nationals of that country in that preference category during that month. For India's EB-5 Unreserved category, this means that no new green cards will be issued to Indian-born investors under this classification for the foreseeable future — at minimum through the end of the federal fiscal year on September 30, 2025.
Regulatory Background
The EB-5 Reform and Integrity Act of 2022 restructured the EB-5 program by creating reserved visa set-asides for rural projects, high unemployment areas, and infrastructure projects. These reserved categories have separate visa allocations and are not subject to the same per-country backlogs that affect the Unreserved pool. India, along with China, has historically faced the most severe EB-5 backlogs due to high demand relative to the per-country annual visa caps.
Who Is Affected?
Indian-born investors who filed I-526 or I-526E petitions under the Unreserved EB-5 category are directly impacted. Those who have already received approval of their I-526E but have not yet received an immigrant visa or adjusted status will face extended waiting periods. New investors from India considering the Unreserved category should be aware that visa availability is not guaranteed in the near term.
Immediate Implications
For investors already in the queue, the closure means that consular processing appointments and adjustment of status filings tied to visa availability will be delayed. Derivative beneficiaries — spouses and unmarried children under 21 — are equally affected. Investors who are in the United States on temporary nonimmigrant status must ensure their current status remains valid throughout this waiting period to avoid accruing unlawful presence.
Recommended Actions
First, Indian-born EB-5 investors should immediately review whether their investment qualifies under a Reserved category — rural, high unemployment, or infrastructure — as these set-asides carry separate visa numbers and are currently more accessible. Second, investors should work with experienced EB-5 counsel to evaluate whether redeployment of capital or project changes could affect their classification. Third, those on expiring nonimmigrant status should explore extensions or alternative visa options to maintain lawful status during the backlog period. Fourth, all investors should monitor the Visa Bulletin monthly, as conditions can shift with each new publication.
The Peng Law Firm is closely monitoring these developments and is available to provide individualized guidance to EB-5 investors navigating this challenging landscape. Contact our office promptly to schedule a consultation.