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, with no forward movement anticipated through at least September 30, 2025.
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. The program is divided into Reserved categories — which include set-asides for rural areas, high unemployment areas, and infrastructure projects — and the Unreserved category, which covers all remaining EB-5 petitions.
For Indian nationals, demand in the Unreserved EB-5 category has historically been high, leading to chronic visa backlogs. The closure of this category in the July Visa Bulletin signals that available visa numbers have been exhausted for the current fiscal quarter, effectively halting forward movement for thousands of Indian investors who filed under the Unreserved designation.
Who is affected? Indian-born EB-5 petitioners whose I-526E petitions were filed under the Unreserved category face an indefinite wait. Those who have already received approval of their I-526E but have not yet filed for adjustment of status or consular processing will be unable to proceed until the category reopens and their priority date becomes current again. New investors considering the Unreserved EB-5 route should be aware that India-born applicants face a substantially longer wait than nationals of most other countries.
The Reserved categories — rural, high unemployment, and infrastructure — remain open and continue to offer significantly shorter wait times for Indian nationals. Investors who qualify for these set-aside categories may be able to avoid the backlog entirely, provided their chosen regional center project meets the applicable geographic and economic criteria.
Immediate implications are serious. Investors relying on EB-5 as a pathway to timely permanent residence must recalibrate their expectations. Those with dependent children approaching the age of 21 face particular urgency, as aging out of derivative beneficiary status can permanently affect eligibility. The Child Status Protection Act provides some relief, but its protections are not unlimited.
Recommended actions include the following. First, consult with an experienced EB-5 attorney to review your current priority date and determine whether a Reserved category project may be available to you. Second, if you have a pending I-526E, confirm with your regional center that your investment remains in a qualifying project. Third, investors who have not yet filed should carefully evaluate whether the Unreserved category aligns with their immigration timeline before committing capital.
The Peng Law Firm is closely monitoring developments in the EB-5 space and is available to provide individualized guidance. Contact our office immediately if you are an Indian-born EB-5 investor affected by this bulletin closure.