October 2026 brings a major opportunity for Chinese investors—and important considerations for Indian applicants.
The October 2026 Visa Bulletin delivers significant news for mainland China-born EB-5 investors: the unreserved category’s Dates for Filing cutoff, commonly called Chart B, advances four years—from March 1, 2017, to March 1, 2021. For eligible investors already in the United States, this creates an opportunity to pursue adjustment of status after years of waiting. September bulletin; October bulletin.
You can also watch our latest Chatting with Charlie: EB-5 Investor Outlook where our team covers the 2026 September Visa Bulletin.
But filing an application, receiving work authorization, protecting a child’s eligibility, and obtaining a green card are separate milestones. Here are ten points applicants should understand.
1. Know the difference between permission to file and eligibility for approval.
Chart B determines when applicants may file if USCIS authorizes its use. Chart A, the Final Action Dates chart, controls visa availability for approval.
| EB-5 category | October 2026 Chart B | October 2026 Chart A |
| Unreserved—mainland China | March 1, 2021 | December 1, 2016 |
| Unreserved—India | May 1, 2024 | December 1, 2023 |
| Rural, high-unemployment, and infrastructure set-asides—China and India | Current | Current |
A priority date must be earlier than the applicable cutoff; a date equal to the cutoff does not qualify. “Current” means there is no priority-date cutoff for that category. October Visa Bulletin.
2. USCIS’s monthly chart selection is essential.
The State Department’s publication of Chart B does not independently authorize domestic adjustment filings. USCIS must designate which chart employment-based applicants may use.
October reporting confirms that USCIS selected Dates for Filing. Applicants should nevertheless check the agency’s live instructions before submission because its selection can change from month to month. October filing announcement; USCIS filing-chart page.
For Chinese investors, the newly covered Chart B group includes priority dates from March 1, 2017, through February 28, 2021. India’s Chart B cutoff remains unchanged from September.
3. Confirm your country of chargeability and EB-5 category.
Visa chargeability generally follows country of birth, rather than citizenship or residence. Obtaining another passport ordinarily does not remove a China or India backlog.
A spouse born in another country may permit cross-chargeability when the legal requirements are met. A parent cannot ordinarily use a child’s birthplace for this purpose. Review both spouses’ birthplaces before assuming which cutoff applies. INA §202(b).
Also confirm whether the petition qualifies for an unreserved or reserved category. The October bulletin lists these separately; a current reserved category does not automatically make an older unreserved petition current.
4. A qualifying priority date does not resolve every adjustment requirement.
Adjustment applicants generally must be physically present in the United States following inspection and admission or parole, satisfy applicable status requirements, and be admissible.
Review the entire immigration history: admissions, I-94 records, employment, student-status compliance, overstays, and prior representations to immigration authorities. INA §245(k) can excuse certain violations for qualifying employment-based applicants, including EB-5 investors, when the aggregate violations after the relevant lawful admission do not exceed 180 days. It is a limited exemption requiring careful calculation. INA §245.
An applicant abroad cannot file a domestic adjustment application simply because Chart B advances. Entering as a visitor while misrepresenting an existing immigration plan can create serious eligibility problems.
5. You may not need to wait for your EB-5 petition’s approval.
Eligible EB-5 investors may file Form I-485 concurrently with their investor petition or while that petition remains pending, when visa availability and other requirements permit.
For a Chinese investor with an older pending I-526 petition, October may therefore present a filing opportunity before petition approval. A qualifying Indian investor may have a similar option. Each eligible spouse and child seeking adjustment must submit a separate application. INA §245(n).
6. Filing does not immediately authorize employment.
A pending I-485 can support an application for an employment authorization document through Form I-765. However, filing either application does not itself authorize work.
Applicants must continue relying on valid existing employment authorization or wait until the new authorization becomes effective. This distinction matters for Chinese students approaching the end of OPT and Indian professionals considering leaving an H-1B employer.
Once issued, an adjustment-based EAD generally provides broader employment flexibility, but using it can affect the applicant’s nonimmigrant-status strategy. Review that decision before changing employment. Employment authorization regulations.
7. Make travel plans before filing—and revisit them afterward.
Departing while an I-485 is pending generally abandons the application unless advance parole was granted before departure or a specific exception applies.
Qualifying H-1B and L-1 applicants, and certain H-4 and L-2 dependents, have exceptions subject to detailed requirements. Applicants in F-1 or visitor status should not assume those exceptions extend to them.
An I-131 receipt is not an approved travel document. Before any departure, review the traveler’s status, documents, immigration history, and return arrangements. Adjustment travel rules.
8. Chart B filing does not automatically protect a child from aging out.
This is particularly important for Chinese families whose priority dates qualify for filing but remain years beyond Chart A.
For adjustment applications filed on or after August 15, 2025, USCIS generally uses Final Action Dates to determine visa availability for Child Status Protection Act age calculations. Filing under Chart B alone therefore does not freeze a child’s CSPA age.
The calculation considers the child’s age when a visa becomes available and subtracts qualifying petition-pending time. Petition approval, the requirement to seek permanent residence within the applicable period, and remaining unmarried also matter. Applications pending before August 15, 2025, may receive different treatment under the earlier policy. USCIS CSPA policy announcement.
Every family with a child approaching or over 21 should obtain an individual calculation.
9. Prepare a complete filing package while the opportunity is available.
Gather admission and status records, birth and marriage certificates, required translations, petition notices, and supporting immigration records for each applicant. Check current form editions, fees, signatures, and filing instructions.
Schedule the immigration medical examination promptly. USCIS requires applicants who must provide Form I-693 to submit it with Form I-485; omission can lead to rejection. USCIS medical-examination filing requirement.
A rejected package can become consequential if the filing window changes before a corrected application is received. Build in time to resolve missing civil documents and inconsistencies across older filings.
10. Filing starts another stage of the case; it does not guarantee a green card.
USCIS can approve an adjustment application only when a visa is available and all eligibility requirements are satisfied. Later retrogression can delay approval of an otherwise approvable pending case. Adjustment adjudication rules.
Continue monitoring the investor petition, responding to USCIS requests, and reviewing work and travel authorization before expiration. Indian applicants with an existing employment-based adjustment case should evaluate how an EB-5 strategy interacts with it; changing the underlying basis requires a separate analysis and USCIS action. USCIS guidance on transferring the underlying basis.
October’s opening merits prompt attention, especially for Chinese families who have waited years to file. The most useful next step is a coordinated review of the investor’s priority date, adjustment eligibility, children’s ages, and work and travel plans.
Information reviewed as of October 4, 2026. This article provides general information; individual eligibility requires case-specific legal analysis. For more information, you can also watch our latest Chatting with Charlie: EB-5 Investor Outlook where our team covers the 2026 September Visa Bulletin.
Publication note: I verified the cutoff dates against the State Department’s bulletins. USCIS’s chart-selection page blocked direct access, so the October Chart B selection is supported by the linked contemporaneous law-firm report.
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