February 2026 Visa Bulletin: What it Means for EB-5 Investors?

The EB-5 Immigrant Investor Program continues to be one of the most sought-after pathways to U.S. permanent residency for foreign investors and their families. The February 2026 Visa Bulletin, published by the U.S. Department of State, provides crucial information about visa availability and processing timelines that directly impact thousands of investors worldwide. Understanding this bulletin is essential for anyone considering or currently navigating the EB-5 investment immigration process.

This comprehensive analysis breaks down the February 2026 Visa Bulletin, examining what the current priority dates mean for investors, the advantages of set-aside categories, and how global demand is shaping the EB-5 landscape. Whether you are a prospective investor evaluating your options or currently in the queue, this guide will help you understand where you stand and what to expect.

The EB-5 Program Framework: Understanding the Fifth Employment-Based Preference

The EB-5 program falls under the fifth preference category of employment-based immigration, comprising 7.1% of the worldwide employment-based visa allocation, which translates to at least 140,000 visas annually across all employment categories. Within the EB-5 category, the program has undergone significant restructuring to include set-aside provisions that create dedicated visa pools for investments in specific geographic areas.

The current EB-5 structure divides available visas into four distinct categories:

Unreserved Category:
This encompasses traditional EB-5 investments that do not qualify for set-aside benefits, including investments in targeted employment areas (TEAs) through regional centers (C5), direct investments in TEAs (T5), infrastructure projects (I5), and investments outside TEAs through regional centers (R5). The unreserved category also includes legacy designations for investments made before the 2022 reforms.

Rural Set-Aside (20%):
Reserved for investments in rural areas, which are defined as areas outside metropolitan statistical areas or within cities or towns with populations of 20,000 or fewer. This category receives 20% of the total EB-5 visa allocation and offers significantly faster processing times.

High Unemployment Set-Aside (10%):
Designated for investments in areas experiencing unemployment rates at least 150% of the national average. This category receives 10% of total allocations and similarly provides expedited processing benefits.

Infrastructure Set-Aside (2%):
Reserved for qualified infrastructure projects that meet specific criteria established by USCIS. This smallest set-aside category receives 2% of annual EB-5 visas.

February  2026 Visa Bulletin: EB-5 Visa Availability, Breaking Down the Numbers

The February  2026 Visa Bulletin reveals a significant divergence in processing times between the unreserved category and set-aside categories, particularly for investors from China and India, two countries that historically generate the highest EB-5 demand. Understanding these distinctions is critical for making informed investment decisions.

Table 1: EB-5 Final Action Dates for February 2026

Source: U.S. Department of State Visa Bulletin, February 2026

The data reveals a stark contrast in visa availability. All three set-aside categories remain current across all countries, meaning investors filing in these categories can proceed immediately regardless of when they filed their I-526 petition. However, the unreserved category shows significant retrogression for Chinese and Indian investors, with priority dates moving back to August 2016 and May 2022, respectively.

Understanding Final Action Dates Versus Filing Dates

The Visa Bulletin presents two separate charts that serve different purposes in the immigration process. The Final Action Dates chart determines when the U.S. Citizenship and Immigration Services will grant immigrant visas or adjustment of status to green card applicants. Only applicants whose priority date is earlier than the published final action date can have their cases finalized.

The Dates for Filing Applications chart, conversely, indicates when applicants can submit their adjustment of status applications to USCIS or when the National Visa Center will begin processing consular cases. USCIS determines each month whether applicants can use the filing dates chart instead of the final action dates chart, providing guidance on their website at www.uscis.gov/visabulletininfo.

Table 2: EB-5 Dates for Filing Applications - February 2026

Source: U.S. Department of State Visa Bulletin, February 2026

For February 2026, the filing dates for the unreserved category show slightly more recent dates than the final action dates, particularly for Indian investors where the filing date is May 1, 2024, compared to the final action date of May 1, 2022. This two-year window represents the approximate time between when an applicant can file their adjustment of status application and when they can expect final action on their case.

The Set-Aside Advantage: Why Rural and High Unemployment Categories Matter

The most significant takeaway from the February 2026 Visa bulletin is the tremendous advantage offered by the set-aside categories. While Chinese investors in the unreserved category face nearly a ten-year wait with a priority date of August 2016, those who invested in rural projects can proceed immediately with current status across all categories.

This disparity stems from the legislative design of the EB-5 Reform and Integrity Act of 2022, which created dedicated visa reservations for investments that promote economic development in underserved areas. By reserving 20% of EB-5 visas specifically for rural investments and 10% for high unemployment areas, Congress ensured these categories would not be subject to the same backlogs affecting the unreserved category.

The rural set-aside has proven particularly attractive to investors. Rural areas, defined as locations outside metropolitan statistical areas or within municipalities of 20,000 or fewer residents, often offer investment opportunities in manufacturing, agriculture, hospitality, and other sectors that create meaningful employment in communities that need it most. The reduced minimum investment amount of $800,000 for targeted employment areas, which includes both rural and high unemployment designations, makes these options more accessible than the standard $1,050,000 investment requirement.

High unemployment area investments similarly provide immediate visa availability while supporting job creation in economically distressed communities. These areas must demonstrate unemployment rates at least 150% of the national average, ensuring investments genuinely contribute to economic revitalization where it is most needed.

Country-Specific Backlogs: China and India Face Extended Wait Times

The per-country limit established under Section 202 of the Immigration and Nationality Act caps any single country at 7% of the total annual family-sponsored and employment-based preference allocations, currently set at 25,620 visas. This limitation creates substantial backlogs for countries with high demand relative to their allocation.

Chinese investors in the unreserved EB-5 category currently face priority dates retrogressed to August 15, 2016, representing nearly a decade of waiting time. This substantial backlog reflects both the historical popularity of the EB-5 program among Chinese investors and the mathematical reality of per-country limitations. When demand from a single country exceeds its allocated share of visas, the category becomes oversubscribed for that country, and priority dates retrogress to the earliest unfilled application.

Indian investors, while experiencing a more recent priority date of May 1, 2022, still face a four-year backlog in the unreserved category. The growing interest in EB-5 investments from Indian nationals, combined with similarly high demand in other employment-based categories, has created increased pressure on India's per-country allocation.

Investors from all other countries currently show current status in the unreserved category, meaning they can proceed without delay. Mexico and the Philippines, despite being identified as potentially oversubscribed areas, currently maintain current status for EB-5 visas, though this could change as demand patterns evolve.

Strategic Implications for Prospective EB-5 Investors

The February 2026 Visa Bulletin provides clear strategic guidance for investors considering the EB-5 pathway. For Chinese and Indian investors, the choice between unreserved and set-aside categories could mean the difference between waiting a decade or proceeding immediately to permanent residency.

Investors from these countries should strongly consider rural or high unemployment area projects, which offer not only immediate visa availability but also the same path to permanent residency with a lower minimum investment threshold. While project selection should always prioritize factors such as business viability, job creation potential, and compliance with EB-5 requirements, the timing advantage of set-aside categories cannot be overstated.

For investors from other countries currently enjoying current status in all categories, the decision framework differs. These investors can evaluate projects based purely on their merits without timing considerations, though choosing a set-aside category may provide insurance against future retrogression if demand from their country increases.

The infrastructure set-aside, while currently available, represents a smaller pool of projects due to strict qualification criteria. These projects must meet specific requirements established by USCIS, typically involving critical infrastructure development such as transportation, utilities, or public works. The 2% allocation provides fewer visa numbers but may appeal to investors seeking projects with government involvement or public benefit components.

Priority Date Retention and Cross-Chargeability Considerations

Understanding priority dates is crucial for EB-5 investors. The priority date represents the date USCIS receives a properly filed I-526 or I-526E petition and establishes the investor's place in the visa queue. This date remains constant even if the investor changes jobs, moves, or experiences other life changes, providing stability in an otherwise lengthy process.

Cross-chargeability rules allow certain investors to be charged to a different country than their country of birth, potentially avoiding backlogged categories. If an investor was born in a backlogged country but their spouse was born in a non-backlogged country, the principal applicant can request cross-chargeability to the spouse's country of birth. This provision has helped some Chinese and Indian investors access current visa availability.

Derivative family members, including spouses and unmarried children under 21, receive the same priority date and visa classification as the principal investor. The Child Status Protection Act provides some safeguards for children aging out, though investors should carefully monitor their children's ages relative to priority date movement to avoid complications.

Looking Ahead: Predictions and Trends for EB-5 Visa Availability

The February , 2026 visa bulletin suggests the divergence between unreserved and set-aside categories will likely continue throughout 2026 and beyond. The unreserved category has accumulated substantial backlogs from years of high demand, particularly from China, and clearing this backlog will take considerable time even with steady visa processing.

The set-aside categories, conversely, have not yet accumulated significant backlogs due to their reserved allocations and the relatively recent implementation of these categories following the 2022 reforms. However, as awareness of the timing advantages spreads, demand for rural and high unemployment projects may increase, potentially leading to future retrogression in these categories as well.

The annual EB-5 allocation of at least 9,940 visas (7.1% of 140,000 employment-based visas) provides a foundation for processing, but this number can fluctuate based on unused visas from other employment categories. In years when other employment preferences do not use their full allocations, excess numbers may flow to EB-5, potentially accelerating priority date movement.

Regional center designations and project approvals continue to evolve as USCIS implements the enhanced integrity measures mandated by the RIA. Investors should work with experienced immigration attorneys and regional centers that demonstrate strong compliance frameworks and successful track records under the new regulatory environment.

Conclusion: Navigating the EB-5 Landscape in 2026

February  2026 Visa Bulletin underscores the transformed EB-5 landscape following the 2022 reforms. The creation of set-aside categories has fundamentally altered the strategic calculus for investors, particularly those from high-demand countries facing substantial backlogs in the unreserved category.

For Chinese and Indian investors, the message is clear: set-aside categories offer a viable path to avoid decade-long waits while contributing to meaningful economic development in underserved American communities. The rural set-aside, with its 20% allocation and consistent current status, represents the most accessible option for most investors seeking expedited processing.

Investors from all countries should approach EB-5 decisions with comprehensive due diligence, evaluating projects based on job creation sustainability, business model viability, regional center track record, and alignment with immigration goals. While visa timing considerations are important, they should complement rather than replace fundamental investment analysis.

The EB-5 program remains a powerful tool for foreign investors seeking U.S. permanent residency while supporting American job creation. Understanding the Visa Bulletin and its implications enables informed decision-making in pursuit of this important immigration and investment objective. As the program continues to evolve, staying informed about monthly bulletin updates and regulatory changes will remain essential for all stakeholders in the EB-5 ecosystem.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Prospective EB-5 investors should consult with qualified immigration attorneys and financial advisors before making investment decisions. Visa bulletin dates and policies are subject to change. Always refer to official USCIS and Department of State sources for the most current information.

About Paperfree EB-5 Investors Magazine: Paperfree provides comprehensive resources, analysis, and insights for EB-5 investors navigating the immigrant investor program.