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What does EB-5 India retrogression mean for investors?
Updated · Not legal advice
It means demand from India-born investors in that EB-5 row exceeds the numbers India can use, so the State Department put a cutoff on the India column. Investors whose priority date (I-526/I-526E filing date) is on or after the cutoff cannot get a green card until the date passes them, even with an approved petition.
EB-5: current cutoff dates
See the current bulletin for this month's EB-5 dates: official Visa Bulletin on travel.state.gov. We do not copy dates by hand, so this page shows them only after our automated fetch has read the official bulletin.
USCIS says employment-based adjustment applicants must use the Dates for Filing chart in the November 2026 Visa Bulletin (USCIS filing charts).
| Your stage | Effect |
|---|---|
| I-526E pending | Petition adjudication continues; the green card waits for your date |
| I-485 filed while current, then retrogressed | I-485 stays pending until the date is current again |
| Consular processing | Interview waits until your date is current under Final Action |
| Set-aside row still current | Only the row(s) with a cutoff are affected |
Why India specifically
Each country is limited to 7% of total preference numbers (with exceptions when numbers would otherwise go unused). When India-born demand in a row exceeds what India can use, its column gets an earlier date than the rest of the world.
What investors usually watch
- The India column of their row, in both charts.
- The notes, which may say whether more movement is expected.
- USCIS's chart choice, if adjusting status in the U.S.
Movement history
This table is built month by month from the official bulletins as we read them, so it only shows months we have fetched. Until then, past bulletins are in the official archive.
Quick answers
- Does retrogression cancel my I-526E?
- No. It affects when a visa number is available, not the petition.
- Can my pending I-485 be denied for retrogression?
- Retrogression alone does not deny it; it waits. See pending I-485 and retrogression.
- Are set-aside rows affected?
- Only if that row also shows a cutoff for India.
What to do next: get your Visa Bulletin alert
Set EB-5 + India: we email you when the India column of any EB-5 row moves.
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Sources
- USCIS: EB-5 Immigrant Investor Program
- INA 202, 8 U.S.C. 1152: per-country limits (Cornell LII)
- U.S. Department of State: Visa Bulletin (current, upcoming and archive)
- USCIS: Visa Availability and Priority Dates
Checked: November 12, 2026