US Halts Issuance of Investor Green Cards for Indian Nationals

The US has announced a temporary halt on the issuance of EB-5 investor green cards for Indian nationals after exhausting its annual quota. This suspension affects those seeking immigrant visas through the unreserved category, with new visa numbers expected to be available when the next fiscal year begins on October 1. The EB-5 programme allows foreign investors to gain permanent residency by investing in US businesses and creating jobs. While this decision impacts many applicants, reserved categories under the EB-5 Reform and Integrity Act remain unaffected. Read on to learn more about the implications of this announcement and the future of the EB-5 programme.
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US Investor Green Card Allocation Exhausted

The United States has declared that it has fully utilized its annual quota of investor green cards designated for Indian applicants, leading to a temporary suspension of new visa issuances in this category. A notice released on June 10 by the US State Department indicated that all immigrant visas in the Employment-Based Fifth Preference (EB-5) unreserved category for Indian applicants were issued by June 5. Consequently, US embassies and consulates will not be able to process additional visas in this category for Indian nationals until the next fiscal year begins on October 1.


Understanding the EB-5 Programme

The EB-5 programme offers a route to permanent residency for foreign investors who contribute to US businesses and generate employment. As per current regulations, applicants must invest a minimum of $800,000 in targeted employment areas or infrastructure projects, or $1.05 million in other ventures. Additionally, investors are required to create or maintain at least 10 permanent full-time jobs for eligible US workers. This programme is subject to annual limits set by Congress, along with country-specific caps that restrict the number of visas available to nationals from any single country.


Impact on Applicants

The suspension specifically impacts the traditional EB-5 visa pool, known as the unreserved category, which accounts for 68% of EB-5 visas. This decision affects Indian nationals pursuing immigrant visas through the EB-5 unreserved route, including those waiting for visa issuance abroad and individuals in the US whose cases cannot progress without an available immigrant visa number. Those whose applications are otherwise ready for approval may now face delays until the start of the next fiscal year when new visas can be issued.


Categories Remain Unaffected

The State Department clarified that this announcement does not impact the reserved EB-5 visa categories established under the EB-5 Reform and Integrity Act of 2022. These reserved allocations are designated for investments in rural regions, areas with high unemployment, and infrastructure projects, functioning under separate visa quotas. Furthermore, this announcement does not influence other employment-based immigrant visa categories or family-sponsored green cards. The department also mentioned that any unused reserved EB-5 visas from fiscal year 2024 could potentially be allocated to unreserved categories in fiscal year 2026, as per the provisions of the 2022 legislation. In its June 2026 Visa Bulletin, the State Department cautioned that "sufficient demand and increased number use" in India's EB-5 unreserved category could result in retrogression or render the category unavailable in the subsequent month.