United States | EB-5 unreserved visa limit met for India

The U.S. Department of State announced that the EB-5 unreserved visa category has reached its annual limit for Indian nationals. This category covers investors who do not qualify for set-aside visas under the EB-5 Reform and Integrity Act of 2022.

As a result, U.S. Citizenship and Immigration Services will no longer accept new I-526E petitions from Indian investors in the unreserved category for the remainder of fiscal year 2025. Petitions already filed will continue to be processed, but visas will not be issued until new allocations become available in the next fiscal year.

The EB-5 program grants permanent residency to foreign investors who invest at least $1.05 million (or $800,000 in targeted employment areas) and create at least 10 jobs. The unreserved category has been oversubscribed in recent years due to high demand from countries like India and China.

Indian investors may still file petitions under the reserved categories for rural, high-unemployment, and infrastructure projects, which have separate visa allocations. The State Department advises applicants to consult with immigration attorneys to explore alternative options.

The cap for Indian nationals in the unreserved category was set at 7% of the annual EB-5 visa allotment, which totals approximately 10,000 visas globally. The exact number of visas used by Indian applicants this fiscal year has not been disclosed.