John Burson  edited Friday, December 19, 2025

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EB-5 Visa Bulletin January 2026: Investment Visa Updates & Processing Times

Breaking Down the January 2026 EB-5 Visa Bulletin: What Investors Need to Know About Priority Dates and Processing

The U.S. Department of State released the January 2026 Visa Bulletin on December 2, 2025, bringing important updates for EB-5 investor visa applicants worldwide. As thousands of foreign investors navigate the complex landscape of U.S. immigration through the EB-5 investment visa program, understanding these monthly bulletins becomes crucial for planning investment strategies and family immigration timelines.

Understanding the EB-5 Visa Program

The EB-5 visa represents one of the most popular pathways for foreign nationals seeking permanent residency in the United States through investment. This employment-based fifth preference category requires investors to commit substantial capital to U.S. businesses while creating or preserving American jobs. The EB-5 visa requirements include minimum investment thresholds and job creation mandates that vary based on the project location and type.

The EB-5 investor visa program allocates approximately 7.1% of the worldwide employment-based preference level annually, translating to roughly 10,000 visas per fiscal year. However, the January 2026 bulletin reveals how visa availability differs dramatically based on an applicant's country of birth and the specific EB-5 category under which they filed.

January 2026 EB-5 Visa Bulletin: Final Action Dates

The most significant aspect of any EB-5 visa bulletin involves the Final Action Dates, which determine when applicants can receive their immigrant visas or adjust their status to permanent residency. For January 2026, the bulletin presents a mixed picture across different categories and countries of chargeability.

EB-5 Unreserved Category

The unreserved EB-5 category, which includes the traditional regional center and direct investment options (C5, T5, I5, R5, NU, and RU designations), shows the following final action dates:

• All Chargeability Areas Except Those Listed: Current (C)
• China-mainland born: August 15, 2016
• India: May 1, 2022
• Mexico: Current (C)
• Philippines: Current (C)

The "Current" designation for most countries represents excellent news for EB-5 visa applicants, meaning all qualified applicants regardless of their priority date can move forward with visa issuance or adjustment of status applications. This availability reflects the program's capacity to accommodate demand from most countries without significant backlogs.

However, investors born in mainland China face substantial delays, with the final action date remaining at August 15, 2016. This represents a nearly decade-long wait for Chinese nationals who filed their EB-5 petitions after this date. The EB-5 visa processing time for Chinese investors continues to be the longest among all countries, reflecting the overwhelming demand from this market combined with the seven percent per-country limitation.

Indian-born investors see a more recent priority date of May 1, 2022, though this still represents a multi-year wait. The disparity in EB-5 visa processing times between countries underscores the importance of understanding country-specific backlogs when considering the EB-5 investment visa program.

EB-5 Set-Aside Categories: A Faster Path

The EB-5 visa programs received a significant overhaul through the EB-5 Reform and Integrity Act of 2022, which created reserved visa categories designed to distribute opportunities more equitably and encourage investment in underserved areas. The January 2026 bulletin shows all three set-aside categories remain current across all countries:

Rural Set-Aside (20% of EB-5 visas): Current for all countries, including China and India. This category reserves approximately 20% of annual EB-5 visas for projects located in rural areas, defined as areas outside metropolitan statistical areas or within cities with populations under 20,000.

High Unemployment Set-Aside (10% of EB-5 visas): Current for all countries. This designation applies to projects in areas experiencing unemployment rates at least 150% of the national average.

Infrastructure Set-Aside (2% of EB-5 visas): Current for all countries. This newest category directs investment toward critical infrastructure projects.

The current status across all set-aside categories represents a transformative opportunity for Chinese and Indian investors facing decade-long waits in the unreserved category. By choosing qualified projects in rural areas, high unemployment zones, or infrastructure developments, investors from backlogged countries can potentially receive their green cards years earlier than through traditional EB-5 channels.

Dates for Filing EB-5 Visa Applications

Beyond final action dates, the January 2026 visa bulletin also publishes "Dates for Filing" applications, which can advance the timeline for certain procedural steps. When USCIS authorizes use of these dates (announced on their website at www.uscis.gov/visabulletininfo), applicants can file adjustment of status applications earlier, even if final action on their cases cannot yet be taken.

For January 2026, the Dates for Filing for EB-5 unreserved category are:

• All Chargeability Areas: Current (C)
• China-mainland born: August 22, 2016
• India: May 1, 2024
• Mexico: Current (C)
• Philippines: Current (C)

The advancement of India's filing date to May 1, 2024, represents a significant two-year jump forward from the final action date, potentially allowing many Indian investors who filed petitions in recent years to begin the adjustment process sooner if USCIS authorizes use of this chart.

All EB-5 set-aside categories remain current for filing dates across all countries, maintaining the accelerated pathway these categories provide.

What Is the EB-5 Visa Investment Required?

Understanding EB-5 visa requirements extends beyond processing dates to encompass the financial commitments necessary for program participation. The current EB-5 visa cost structure includes:

• Standard Investment Amount
  $1,050,000 for projects in most areas, representing the baseline investment threshold for the EB-5 program.
• Targeted Employment Area (TEA) Investment
  $800,000 for projects located in rural areas or high-unemployment zones, providing a reduced investment threshold to encourage capital flow to underserved communities.

These amounts represent the minimum required investment and do not include additional EB-5 visa attorney fees, administrative costs, or regional center fees that typically add tens of thousands of dollars to the total EB-5 visa cost.

Investors must also demonstrate that their capital comes from lawful sources and that their investment will create or preserve at least ten full-time jobs for U.S. workers. The EB-5 visa lawyer or attorney guiding the process plays a crucial role in documenting source of funds and ensuring compliance with job creation requirements.

Strategic Implications for EB-5 Investors

The January 2026 bulletin's data points toward several strategic considerations for prospective EB-5 visa applicants:

Country of Chargeability Matters Enormously: Investors born in mainland China or India face dramatically different timelines than those from other countries. Chinese investors filing today in the unreserved category should prepare for waits potentially exceeding fifteen years based on current retrogression rates, while most other nationalities can proceed without delay.

Set-Aside Categories Offer Strategic Advantages: The continued current status of rural, high unemployment, and infrastructure set-asides makes these categories exceptionally attractive for investors from backlogged countries. Chinese and Indian investors should strongly consider projects qualifying for these reservations, potentially saving years or even decades in processing time.

Priority Date Remains Crucial: For investors from backlogged countries, the priority date (typically the date USCIS receives the I-526 petition) becomes the single most important factor determining when they can receive permanent residency. Filing sooner rather than later preserves an earlier position in the queue, even if current processing times seem daunting.

Regional Center vs. Direct Investment: While the bulletin doesn't distinguish between regional center projects and direct investments within the unreserved category, investors should understand that set-aside benefits often flow through regional center structures that have developed qualifying projects in targeted areas.

EB-5 Visa Processing Time Realities

The EB-5 visa processing time encompasses multiple stages beyond the priority date advancement shown in monthly bulletins. The complete timeline includes:

I-526 Petition Adjudication: USCIS review of the investor's petition, source of funds documentation, and project qualifications, which can take 24-48 months or longer.

National Visa Center Processing: For applicants outside the U.S., gathering documents and preparing for the immigrant visa interview after I-526 approval.

Adjustment of Status or Consular Processing: The final step toward receiving the conditional green card, which can take additional months.

I-829 Petition: Two years after receiving conditional residency, investors must file to remove conditions and obtain permanent green cards, demonstrating sustained investment and job creation.

The January 2026 bulletin's priority dates reflect only one dimension of this complex timeline. Even applicants with current priority dates must navigate multiple processing steps before achieving permanent residency.

Diversity Visa Program Changes

While not directly related to the EB-5 investor visa category, the January 2026 bulletin notes that the annual diversity visa allocation has been reduced to approximately 52,000 visas due to allocations under NACARA and the National Defense Authorization Act. This reduction doesn't impact EB-5 visa programs but reflects broader trends in U.S. immigration policy and visa availability.

Looking Ahead: Future EB-5 Visa Bulletin Trends

The January 2026 bulletin provides a snapshot of current conditions, but EB-5 investors must understand that visa availability can change monthly based on demand, processing rates, and per-country limitations. Several factors will influence future bulletins:

1. Chinese Demand Patterns
   With mainland China continuing to represent the largest source of EB-5 investors historically, the unreserved category's backlog for Chinese nationals will likely persist unless demand shifts significantly toward set-aside categories or congressional action increases per-country limits.
2. Set-Aside Category Utilization
   As more investors from backlogged countries recognize the advantages of rural and high-unemployment area projects, these categories may eventually face their own retrogression if demand exceeds the reserved allocation.
3. Legislative Changes
   Congress periodically considers EB-5 program reforms, and future legislation could impact minimum investment amounts, set-aside allocations, or regional center regulations.
4. USCIS Processing Efficiency
   Improvements or slowdowns in USCIS adjudication times for I-526 petitions affect how quickly approved applicants reach the priority date queue shown in monthly bulletins.

Conclusion: Navigating the EB-5 Landscape

The January 2026 EB-5 visa bulletin presents both opportunities and challenges for foreign investors seeking U.S. permanent residency through the EB-5 investment visa program. While most countries enjoy current priority dates allowing immediate visa processing, Chinese and Indian investors face substantial waits in unreserved categories that make strategic planning essential.

The set-aside categories introduced through recent EB-5 reform represent a potential solution for investors from backlogged countries willing to direct capital toward rural areas, high-unemployment zones, or infrastructure projects. The current status across all set-asides in January 2026 demonstrates that these pathways remain underutilized relative to their capacity.

Prospective EB-5 visa applicants should work closely with experienced EB-5 visa attorneys or lawyers who can navigate the complex requirements, optimize investment strategies based on country-specific backlogs, and ensure compliance with source of funds documentation and job creation mandates. Understanding what EB-5 visa processing is involves—from initial petition filing through conditional residency removal—enables realistic timeline planning for families making this significant investment in their American future.

As the EB-5 visa program continues evolving and monthly bulletins adjust priority dates, staying informed about these changes remains crucial for investors at every stage of the process. The January 2026 bulletin underscores both the program's accessibility for most nationalities and the patience required for those from high-demand countries, while highlighting alternative pathways that can dramatically reduce waiting times for strategic investors.

 
 
 

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