July 2026 Visa Bulletin: India Faces More Headwinds While EB-5 Set-Asides Remain Open

Key Observations:

The July Visa Bulletin brings mixed news for employment-based immigrants. EB-1 India retrogresses again, EB-2 India and EB-5 India remain unavailable through the end of the fiscal year, while EB-5 Set-Aside categories (Rural, High Unemployment, and Infrastructure) remain current for all countries.

1. EB-1 India Moves Back Again

The EB-1 India Final Action Date retrogresses by two months, from December 15, 2022, to October 15, 2022, reflecting continued heavy demand and visa number usage. The State Department warns that further retrogression or even temporary unavailability is possible before September 30, 2026. The previous retrogression of the June date should have essentially made the category Unavailable, since the date had already reached Feb. 1, 2023, back in January. State realized they had not retrogressed the June date sufficiently and still had some use of numbers, and if their second try at a retrogression doesn’t stop further number use it will become Unavailable for August.

2. EB-2 India and EB-5 India Remain Unavailable

Both EB-2 India and EB-5 Unreserved India remain unavailable for the remainder of FY 2026. Although adjustment applications already filed may remain pending, no final approvals can be issued until new visa numbers become available after the annual reset on October 1, 2026. The comments he made about the June India EB-1 retrogression apply to India EB-2, having become Unavailable for July. He thinks there is an excellent chance that India EB-5 Unreserved will become Current at some point in FY 2027, which starts October 1, 2026.

3. China Sees Significant Forward Movement

China experiences the most notable gains:

• EB-1 China advances two months to June 1, 2023
• EB-3 China advances nearly five months to December 22, 2021
• EB-5 China Unreserved advances more than two months to December 1, 2016

4. USCIS Will Use Final Action Dates in July

USCIS will continue to accept employment-based adjustment of status applications based on the Final Action Dates Chart. Applicants must have a priority date earlier than the applicable Final Action Date to file in July.

5. EB-5 Set-Aside Categories Remain Current

Despite India’s unavailability in the EB-5 Unreserved category, the EB-5 Set-Aside categories—Rural, High Unemployment Area (HUA), and Infrastructure projects—remain current for all countries, including India and China. These categories continue to offer one of the few viable pathways for eligible investors seeking concurrent filing and adjustment of status benefits.

July 2026 Employment-Based Final Action Dates

Conclusion

The July Visa Bulletin highlights a continuing reality: demand for employment-based immigrant visas remains exceptionally high, particularly for India. With EB-2 India unavailable, EB-1 India retrogressing, and EB-3 India still backlogged by more than a decade, the traditional employment-based green card process continues to present significant challenges for Indian nationals.

For many Indian professionals already in the United States, EB-5 Set-Aside investments remain one of the few categories that are both current and eligible for concurrent filing, allowing applicants to seek adjustment of status, employment authorization, and advance parole while immigrant visa numbers remain available.

As the fiscal year draws to a close on September 30, stakeholders should be prepared for additional retrogressions or category closures if demand continues to exceed annual visa allocations.

For more expert insight on what to expect, list to our latest Chatting with Charlie covering the July Visa Bulletin and it’s impact on the Investor Visa Program.