February 2026 Visa Bulletin: EB-5 Dates Hold While Set-Asides Remain Current

Nathan Patel
4 minutes ago
3 min read

The U.S. Department of State has released the February 2026 Visa Bulletin, and for EB-5 investors, the message is one of stability, but with important strategic implications, particularly for Indian and Chinese nationals.

While most employment-based immigrant visa categories saw little to no movement this month, EB-5 reserved set-aside categories continue to remain current for all countries, preserving one of the strongest planning advantages in today’s immigration landscape.

Final Action Dates: February 2026

*Source: U.S. Department of State, February 2026 Bulletin*

For investors filing under the EB-5 unreserved category, cutoff dates remain unchanged in February

Unreserved EB-5

China: Remain unchanged in August 15, 2016
India: Remain unchanged in May 1, 2022
All other countries: Remain Current

These dates last advanced last month (January 2026), and February reflects a pause in movement. This continued backlog reinforces the long wait times faced by investors from oversubscribed countries when filing under the unreserved pool.

By contrast, all other unreserved countries remain current, with no backlogs at this time.

Reserved EB-5 (Rural, High Unemployment, Infrastructure)

All countries: Remain Current

A key highlight of the February 2026 bulletin is that all EB-5 reserved visa categories remain current for every country, including:

High-Unemployment Area (HUA) – 10% of annual EB-5 visas
Rural – 20% of annual EB-5 visas
Infrastructure – 2% of annual EB-5 visas

This means eligible investors can move forward without waiting for a priority date to become current, a major advantage for nationals of India and China seeking to bypass unreserved EB-5 backlogs.

Forward Final Action Dates for Pending EB-2 and EB-3 (India):

EB-2 Final Action Date Movement:

Month/Month: Unchanged (July 2013)
Trailing 12 Months: Advanced 9 months (October 2012 to July 2013)

EB-3 Final Action Date Movement:

Month/Month: Unchanged (November 2013)
Trailing 12 Months: Advanced 11 Months (December 2012 to November 2013)

Dates for Filing: February 2026

Unreserved EB-5

China: Unchanged (August 22, 2016)
India: Unchanged (May 1, 2024)

Movement for Pending EB-2 and EB-3 (India):

EB-2 Dates for Filling

Month/Month: No change (December 2013)
Trailing 12 Months: Advanced 11 months (January 2013 to December 2013) Dates for Filing and Adjustment of Status

EB-3 Dates for Filling

Month/Month: No change (August 2014)
Trailing 12 Months: Advanced 14 Months (June 2013 to August 2014)

USCIS Continues to Honor Dates for Filing in February

USCIS has confirmed that employment-based applicants must use the “Dates for Filing” chart for adjustment of status filings in February 2026.

For EB-5 investors already in the United States, this remains particularly beneficial. Because EB-5 reserved categories are current, eligible applicants may:

File Form I-526E and Form I-485 concurrently
Obtain work authorization (EAD) and advance parole
Remain in the U.S. while their EB-5 petition is pending

Broader Employment-Based Movement Remains Limited

Outside of EB-5, February shows minimal movement across employment-based categories. The only notable change is in EB-3 Professionals and Skilled Workers (Rest of World), which advanced modestly. All other categories—including EB-1, EB-2, and EB-5—remain unchanged from January.

What This Means for EB-5 Investors

The February 2026 Visa Bulletin underscores a familiar but critical reality:

Unreserved EB-5 remains heavily backlogged for India and China
Reserved set-aside visas continue to offer immediate availability
Early filing secures a priority date and hedges against future retrogression

For investors considering EB-5 today—especially those from oversubscribed countries—reserved categories remain one of the few viable paths to reduce long-term visa delays under the employment-based system.

Final Takeaway

While February brought little movement across employment-based visas, the EB-5 program remains uniquely stable and accessible through reserved set-aside categories. With visa availability still current and USCIS allowing concurrent filing, now remains a strategic window for investors planning long-term U.S. immigration.

As demand continues to build, securing a priority date under today’s conditions may prove critical in the months and years ahead.

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