March 2026 Visa Bulletin: What EB-5 Investors Need to Know

The U.S. Department of State has released Visa Bulletin Number 12, Volume XI for March 2026, providing critical updates on immigrant visa number availability across all preference categories. For participants in the Employment Fifth Preference EB-5 Immigrant Investor Program, this month's bulletin carries both encouraging news and important caveats that demand careful attention. In a notable development, the bulletin also sheds light on the broader policy climate affecting visa issuances — a context that directly shapes the EB-5 landscape heading into the second half of Fiscal Year 2026.

EB-5 Final Action Dates for March 2026: The Big Picture

The most consequential finding for EB-5 investors in this bulletin concerns the Fifth Preference (EB-5) Final Action Dates. The March 2026 chart shows a bifurcated reality — one of relative opportunity for most investors, but continued, stubborn backlogs for those from China.

EB-5 Final Action Dates — March 2026

Source: U.S. Department of State, Visa Bulletin No. 12, Vol. XI — March 2026

For the vast majority of EB-5 investors — those from countries other than China (and to a lesser extent India) — the unreserved EB-5 category remains "Current" (C), meaning there is no wait based on priority date. Investors from nations such as Vietnam, South Korea, Brazil, the United Kingdom, and much of the rest of the world may move forward without delay in the unreserved pool.

The three EB-5 set-aside categories — Rural (20%), High Unemployment (10%), and Infrastructure (2%) — are Current for all countries, including China and India. This is a significant and strategic advantage that the Paperfree EB-5 Magazine has consistently highlighted as an underutilized pathway to faster U.S. permanent residence.

The China EB-5 Backlog: Where Things Stand

For Chinese-born investors, the March 2026 bulletin continues a long-running story of oversubscription. The Unreserved EB-5 Final Action Date for China-mainland born is August 15, 2016 — meaning that Chinese investors in the unreserved category whose I-526 or I-526E petitions carry a priority date on or before that date are eligible to receive their immigrant visa or to file for adjustment of status. Investors with later priority dates continue to wait.

For India-born EB-5 investors in the unreserved category, the Final Action Date is May 1, 2022 — a more recent cutoff compared to China, reflecting a younger but still meaningful backlog for Indian-born applicants pursuing the unreserved pathway.

Strategic Insight: The Set-Aside Advantage

Chinese and Indian investors who qualify for the Rural (20%), High Unemployment (10%), or Infrastructure (2%) set-aside categories face NO backlog in March 2026. All three set-aside categories are listed as "Current" (C) for all countries. Investors from oversubscribed countries who can structure their investment to qualify for a set-aside pathway gain a potentially years-long advantage in priority date movement. This is one of the most compelling strategic considerations in EB-5 planning today.

Dates for Filing: The EB-5 Filing Chart

In addition to the Final Action Dates chart, the March 2026 bulletin publishes Dates for Filing for EB-5 applications. Investors should consult the USCIS website at www.uscis.gov/visabulletininfo to confirm whether USCIS has authorized use of the Dates for Filing chart for adjustment of status filings in March. If authorized, the filing chart may allow some investors to file Form I-485 before their Final Action Date.

EB-5 Dates for Filing — March 2026

Dates for Filing — EB-5 Employment-Based (5th Preference), March 2026

The Dates for Filing chart for China-mainland born investors shows October 1, 2016, for unreserved EB-5 — a modest advance compared to the Final Action Date of August 15, 2016. For India, the filing date stands at May 1, 2024, which is notably more recent than India's Final Action Date of May 1, 2022 — meaning eligible Indian investors can potentially file I-485 applications before their Final Action Date arrives.

Policy Context: Why Dates Have Moved — and What Could Happen Next

The March 2026 bulletin includes a frank and important disclosure in Section D — "Availability of Family-Sponsored and Employment-Based Visas" — that EB-5 practitioners and investors must not overlook.

The State Department explicitly notes that immigrant visa issuance rates from certain countries have decreased as a result of administration actions aimed at protecting national security and public safety — specifically referencing Presidential Proclamation 10949, Presidential Proclamation 10998, and related Immigrant Visa Processing Updates. As a direct consequence, the Department has advanced Final Action Dates and Dates for Filing across various immigrant visa categories — including EB-5 — to ensure that available visa numbers are not left unused.

In plain terms, with fewer visas being issued to nationals of certain countries due to policy restrictions, more visas are becoming available for others. The Department has proactively advanced priority dates to distribute these visa numbers. However — and this is critical — the bulletin warns explicitly:

"Note that as additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary later in the fiscal year to keep issuances within annual limits. This situation is being continually monitored, and any necessary adjustments will be made accordingly."

— U.S. Department of State, Visa Bulletin March 2026, Section D

This warning of potential retrogression — a rollback of priority dates — is not hypothetical. The visa bulletin landscape can shift significantly in response to demand patterns and policy adjustments. EB-5 investors who are close to their Final Action Date or Dates for Filing should act with urgency and work closely with qualified immigration counsel.

Religious Workers Extension: A Minor but Relevant EB-4 Note

While not directly EB-5, the bulletin notes that H.R. 7148, signed February 3, 2026, extends the Employment Fourth Preference Certain Religious Workers (SR) category through September 30, 2026. This is relevant context for advisors and investors who may be navigating multiple immigration pathways or have clients with diverse employment-based immigration needs. The SR category uses the same priority dates as other EB-4 categories.

Diversity Visa (DV) Lottery — EB-5 Investors Take Note

While the DV lottery is a separate program, its cut-off numbers reflect the overall pace of immigrant visa processing. For March 2026, Africa has a cut-off of 45,000 (with Algeria at 37,000 and Egypt at 22,250), Asia at 30,000 (Nepal at 6,500), and Europe at 11,000. Looking ahead to April, these numbers advance significantly — suggesting the consular pipeline is moving, and visa issuance is active across programs. For EB-5 investors awaiting visa interviews at U.S. embassies and consulates, this signals a generally functioning system despite policy headwinds.

Key Takeaways for EB-5 Investors and Practitioners

The March 2026 Visa Bulletin reinforces several critical points for the EB-5 community:

Set-Aside Categories Remain the Best Bet for Oversubscribed Nationals
All three EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) are Current for all countries, including China and India. Investors who qualify should strongly consider these pathways.

Most-of-World Investors Face No Wait in Unreserved EB-5
Investors from countries other than China and India face a Current date in the unreserved category, providing immediate access to visa numbers once their I-526E is approved.

China Unreserved Backlog Remains at August 2016
The wait for Chinese nationals in the unreserved pool continues. Retrogression risk adds further urgency to set-aside planning.

India Shows an Improving But Cautious Picture
With a May 2022 Final Action Date and a May 2024 Filing Date, Indian nationals in the unreserved pool have seen movement, but retrogression risk remains real.

Retrogression Is a Material Risk in FY2026
The State Department's explicit warning that dates could roll back later in the year is not boilerplate language. Policy conditions are fluid, and investors and their counsel should closely monitor monthly bulletins.

Check USCIS for Filing Chart Authorization
Before filing I-485, verify at www.uscis.gov/visabulletininfo whether USCIS is authorizing use of the Dates for Filing chart. This changes month to month.

Paperfree EB-5 Magazine is a leading resource for foreign investors navigating the U.S. EB-5 Immigrant Investor Program. We provide timely analysis, expert insight, and actionable guidance to help investors and their advisors make informed decisions.