FGI UPDATE: This Week’s Summary of U.S. Immigration News

June 12, 2026

Department of Labor updates PERM and PWD processing times for June 2026

The Department of Labor (DOL) has updated its processing times for prevailing wage determinations (PWD) and PERM applications for June 2026:

DOL has been processing H-1B prevailing wage determinations (PWDs) filed in March 2026 (OEWS and Non-OEWS), or earlier.
DOL has been processing PWDs for PERMs filed in March 2026 (OEWS and non-OEWS), or earlier.
DOL has been processing H-1B redeterminations filed in March 2026 or earlier.
DOL has been processing PERM redeterminations filed in March 2026 or earlier.
DOL has been processing PERM Center Director reviews requested in February 2026 or earlier.

PERM Processing Times as of May 31, 2026

Average Number of Days to Process PERM Applications

SOURCE: flag.dol.gov/processingtimes

Federal Judge Blocks Trump Administration Immigration Policy

A federal judge has blocked a Trump administration immigration policy that prevented immigrants from 39 countries from receiving decisions on asylum applications, work permits, green card requests, and citizenship applications. The policy was created after a national security incident involving two National Guard members and was defended by the administration as a way to increase immigration screening. However, the judge ruled that the government exceeded its legal authority and improperly created delays based on applicants’ national origins, leaving many immigrants in uncertain legal situations.

Key Points

Federal Court Decision: A federal judge in Boston ruled that the immigration policy affecting nationals from 39 countries was unlawful and could not continue. The court found that the government had failed to follow required legal procedures when delaying decisions on asylum, employment authorization, permanent residency, and citizenship applications.
Impact on Immigration Benefits: The policy placed thousands of pending immigration cases on hold, preventing eligible applicants from moving forward through established legal pathways. The affected applications included asylum requests, work permits, green cards, and naturalization applications for people already seeking immigration benefits through official processes.
National Security Justification: The Trump administration argued that the restrictions were necessary because of national security concerns following the shooting of two National Guard members. Critics argued that the government used security concerns to justify broad immigration restrictions that affected people based on nationality rather than individual circumstances.
Legal Authority Question: The judge concluded that U.S. Citizenship and Immigration Services (USCIS) did not have the authority to create such broad restrictions without proper legal justification. The decision emphasized that immigration agencies must follow federal laws and established procedures when making decisions about immigration benefits.

What Employers Need To Know

Employment Authorization Delays: Employers may be affected when employees or potential hires experience delays in receiving work permits because of immigration processing disruptions. Companies relying on foreign talent should monitor employee documentation timelines and plan for possible uncertainty in employment authorization renewals.
Hiring and Workforce Planning: Businesses that depend on international employees may experience challenges when immigration benefit decisions are delayed or placed on hold. Employers should maintain accurate immigration records and communicate regularly with affected workers regarding case status and deadlines.
Compliance Responsibilities: Employers must continue following employment verification and immigration compliance requirements even when government processing delays occur. A delay in an immigration decision does not automatically change employer obligations under federal employment laws.
Global Mobility Programs: Companies managing international transfers, permanent residence sponsorships, or long-term immigration strategies may need to reassess timelines. Immigration uncertainty can affect workforce planning, relocation decisions, and retention of specialized employees.

Looking Ahead

Potential Appeals and Further Litigation: The Trump administration may challenge the ruling, meaning the legal battle over the scope of executive authority in immigration policy could continue. Future court decisions may determine how much flexibility the federal government has in restricting immigration processing based on national security concerns.
Continued Immigration Policy Changes: Immigration remains a major policy focus for the administration, with additional restrictions and enforcement actions likely to face legal review. Courts may continue to play a central role in determining whether new immigration measures comply with federal law.
Impact on Legal Immigration Pathways: The ruling reinforces that legal immigration processes cannot simply be suspended without statutory authority and proper procedures. Future policies affecting asylum seekers, workers, and applicants for permanent residency may face increased scrutiny from federal courts.
Business Planning Uncertainty: Employers with international workforces should expect immigration timelines to remain unpredictable as courts and policymakers continue debating immigration rules. Companies may need more flexible workforce strategies to respond to changing government policies and legal outcomes.

The federal court ruling represents another major legal challenge to the Trump administration’s immigration agenda by limiting the government’s ability to delay or restrict immigration benefits based on nationality. While the decision allows affected applicants to continue pursuing their immigration cases, the broader debate over executive power, national security, and immigration enforcement is expected to continue through additional court proceedings and policy changes.

SOURCE: Associated Press, June 8, 2026: https://apnews.com/article/trump-immigration-asylum-citizenship-10591d120e5cb13da736d9eeb06757c8

Department of State Announces FIFA World Cup 2026 Visa Priority Appointment System

The U.S. Department of State (DOS) has released new guidance explaining visa processing procedures for international visitors attending the FIFA World Cup 2026 and details about the FIFA Priority Appointment Scheduling System (PASS). The program is designed to provide eligible ticket holders with an opportunity to schedule B-1/B-2 visitor visa interviews before the tournament begins, helping facilitate travel for fans, families, athletes, and media professionals. However, DOS emphasized that receiving a priority appointment does not guarantee visa approval, and applicants must still meet all legal requirements for visa issuance.

Key Points

FIFA PASS Eligibility: The FIFA Priority Appointment Scheduling System (PASS) allows individuals who purchase FIFA World Cup 2026 tickets directly from FIFA and choose to participate in the program to receive access to earlier B-1/B-2 visitor visa interview appointments. The program is intended to help qualifying travelers begin the visa process before the tournament starts.
Visitor Visa Processing: DOS clarified that FIFA PASS applies to nonimmigrant visitor visas, including applications from tourists, athletes’ family members, and media professionals traveling for the event. The system is designed to improve appointment availability but does not change the standard visa review process or eligibility requirements.
Immigrant Visa Pause Clarification: The immigrant visa issuance pause announced on January 14, 2026, affecting 75 countries, applies only to immigrant visas and does not apply to nonimmigrant visa categories. This means that immigrant visa restriction does not cover travelers seeking temporary entry for events such as the FIFA World Cup.
No Guarantee of Visa Approval: DOS emphasized that receiving a FIFA PASS interview appointment does not mean a visa will automatically be granted. Applicants must still complete the required application process, attend the interview, and demonstrate eligibility under U.S. immigration laws.

What Businesses Need to Know

Business Travel Considerations: Employers sending employees, executives, or international partners to the United States during the FIFA World Cup period should understand that expedited visa scheduling does not eliminate normal immigration requirements. Travelers must still qualify for the appropriate visa category and complete all required security and eligibility reviews.
International Workforce Planning: Companies with employees traveling from abroad may benefit from monitoring visa appointment options connected to FIFA PASS if business travel overlaps with the tournament period. Early planning remains important because increased global travel demand could create additional pressure on visa processing resources.
Employee Communication: Employers should clearly communicate to international employees that a priority appointment is only an opportunity for an earlier interview and not a guaranteed immigration outcome. Employees should prepare complete documentation and allow sufficient time for possible processing delays.
Global Mobility Programs: Organizations managing international assignments or business visitors should factor major global events into travel planning strategies. The FIFA World Cup may increase demand for U.S. visa services, making advance preparation especially important for employees requiring entry authorization.

Looking Ahead

Increased Visa Demand: The FIFA World Cup 2026 is expected to generate significant international travel demand, which may place additional strain on U.S. visa appointment systems. The introduction of FIFA PASS represents an effort by DOS to manage demand while supporting international attendance at the tournament.
Future Travel Facilitation Programs: The use of event-specific visa scheduling systems may influence how governments handle large-scale international events in the future. Similar programs could potentially be considered for other major sporting, cultural, or diplomatic gatherings.
Continued Immigration Policy Changes: While FIFA PASS creates additional access for certain travelers, broader U.S. immigration policies remain subject to change. Businesses and travelers should continue monitoring DOS announcements for updates affecting visa availability and processing procedures.

The Department of State’s FIFA World Cup 2026 visa guidance provides a targeted pathway for eligible ticket holders to pursue earlier visitor visa interviews before the tournament begins. While FIFA PASS may improve access to visa appointments for some travelers, it does not change the underlying visa approval process, and applicants must still satisfy all requirements for admission to the United States. For employers and international travelers, advance planning and awareness of changing immigration procedures will remain essential as the event approaches.

SOURCE: www.state.gov/fifa-world-cup-26-visas-pass-faq

USCIS Announces New Employment-Based Immigrant Categories Under the Gold Card Program

U.S. Citizenship and Immigration Services (USCIS) has announced the creation of 16 new classes of admission (COAs) for employment-based immigrants under the Gold Card program, which was established through Executive Order 14351. The program creates a new immigration pathway for certain individuals who provide an “unrestricted gift” to the U.S. Department of Commerce, as well as eligible spouses and children. USCIS has also updated the Systematic Alien Verification for Entitlements (SAVE) system so that individuals admitted under these new Gold Card categories receive an initial verification response identifying them as lawful permanent residents with employment authorization.

Key Points

New Gold Card Admission Categories: USCIS announced 16 new classes of admission for employment-based immigrants participating in the Gold Card program. These new categories establish specific immigration classifications for individuals approved under this program and distinguish them from other employment-based immigrant categories.
Gold Card Eligibility Requirements: The program is available to certain individuals who make an “unrestricted gift” to the Department of Commerce under 15 U.S.C. 1522. The benefit may also extend to a qualifying individual’s spouse and children, creating additional immigration opportunities for eligible family members.
Employment Authorization Recognition: USCIS updated the SAVE system to provide an initial verification response of “Lawful Permanent Resident—Employment Authorized” for individuals in the 16 Gold Card COAs. This designation allows employers and government agencies using SAVE to verify employment eligibility and permanent resident status.
Executive Order Implementation: The Gold Card program was created through Executive Order 14351 and represents a new approach to employment-based immigration classifications. USCIS’s announcement reflects the agency’s implementation of the program through new admission codes and verification procedures.

What Employers Need To Know

Employment Verification Updates: Employers using the SAVE system may encounter new Gold Card-related admission categories during employment eligibility verification processes. Human resources and compliance teams should become familiar with these new classifications to properly interpret verification results.
Hiring of Gold Card Holders: Individuals admitted under the new Gold Card COAs will be recognized through SAVE as lawful permanent residents with employment authorization. Employers should treat these individuals as authorized permanent residents for employment verification purposes, subject to standard compliance procedures.
Immigration Program Awareness: Companies that recruit or employ foreign nationals should monitor developments related to the Gold Card program because it introduces another employment-based immigration pathway. Businesses involved in global mobility, executive hiring, or investor-related immigration strategies may need to evaluate how the program could affect workforce planning.
Compliance Procedures: Employers should ensure that immigration and human resources teams understand how new admission classifications appear in government verification systems. Proper documentation review and consistent employment verification practices remain essential when onboarding foreign national employees.

Looking Ahead

Expansion of Employment-Based Immigration Options: The Gold Card program may create an additional pathway for certain high-value immigrants seeking permanent residence in the United States. Future developments may clarify how broadly the program will be used and how it interacts with existing employment-based immigration categories.
Implementation Guidance: Additional USCIS guidance may be released as the agency continues developing procedures for processing Gold Card applications and managing related classifications. Employers and immigration professionals should watch for updates affecting eligibility requirements, processing procedures, and documentation standards.
Potential Workforce Impact: The program could influence how some companies approach recruitment and retention of foreign talent by creating another possible route to permanent residence. Organizations seeking specialized skills or international investment may evaluate whether the program affects long-term immigration strategies.
Regulatory and Policy Developments: As a new immigration initiative, the Gold Card program may face additional regulatory review, legal challenges, or policy adjustments over time. Future changes could affect participation requirements, employer considerations, and the broader employment-based immigration landscape.

SOURCE: ABIL Immigration Insider, June 7, 2026

White House Proposal Could Expand E-Verify Requirements Through Federal Grant Rules

The Trump administration is pursuing a proposal that could significantly expand the use of the federal E-Verify employment eligibility verification system by requiring certain recipients of federal grants to enroll in the program. Rather than expanding E-Verify through a direct immigration regulation, the proposal would use federal grant requirements as a mechanism to encourage or require broader employer participation. The change could represent one of the largest expansions of E-Verify requirements in decades and may affect a wide range of organizations that receive federal funding.

Key Points

Federal Grant Requirement Approach: The White House Office of Management and Budget reviewed draft regulations that would require federal grant recipients to participate in E-Verify. The proposal uses federal funding requirements as a pathway to expand employment verification obligations beyond the employers currently required to use the system.
Potential Scope of Expansion: The full number of employers and organizations that could be affected remains unclear, but immigration and labor attorneys have indicated the impact could be broader than many employers expect. If implemented, the change could bring additional businesses, nonprofits, universities, healthcare organizations, and other grant recipients into the E-Verify system.
Purpose of E-Verify: E-Verify was created as an electronic system to help employers confirm whether workers are authorized to work in the United States. The proposed expansion reflects the administration’s broader focus on immigration enforcement and employment eligibility verification.
Policy Shift in Employment Verification: Historically, E-Verify participation has been limited to certain employers, federal contractors, and employers operating under state-specific requirements. A federal grant-based requirement would represent a broader use of government authority to increase participation in the system.

What Employers Need to Know

Possible New Compliance Obligations: Employers that receive federal grants may eventually face new requirements to enroll in and use E-Verify if the proposal becomes final. Organizations should evaluate whether they currently receive federal funding and identify whether their operations could be affected by future requirements.
Human Resources Preparation: Companies potentially subject to expanded E-Verify rules should review their employment verification procedures and ensure HR teams understand current Form I-9 and work authorization requirements. Preparing systems and training before any final rule takes effect may reduce compliance challenges.
Impact on Federal Grant Recipients: Organizations that rely on federal funding may need to consider E-Verify compliance as part of grant management and operational planning. Additional administrative responsibilities could arise for employers that have not previously used the system.
Workforce Management Considerations: Expanded E-Verify participation could affect hiring processes, onboarding procedures, and employee documentation reviews. Employers with large or geographically diverse workforces may need to evaluate how potential requirements would integrate with existing immigration compliance programs.

Looking Ahead

Rulemaking Process: The proposal must move through the federal regulatory process before any requirements become effective. Future guidance will determine which grant recipients are covered, when compliance would begin, and what enforcement mechanisms may apply.

Broader Immigration Enforcement Strategy: The possible E-Verify expansion aligns with the administration’s broader efforts to strengthen employment-based immigration enforcement. Future policies may continue focusing on employer compliance and verification systems as tools for immigration enforcement.

Potential Legal and Operational Challenges: Expanding E-Verify through grant conditions could generate questions about federal authority, administrative burdens, and the impact on organizations that depend on federal funding. Legal challenges or requests for additional clarification may arise as the proposal develops.
Long-Term Employer Impact: If finalized, the change could significantly increase the number of employers using E-Verify nationwide. Businesses and organizations that have not previously interacted with the system may need to adjust their hiring and compliance practices.

The proposed expansion of E-Verify through federal grant requirements could mark a major change in how employment authorization verification is applied across the United States. While the proposal has not yet created new obligations for all employers, organizations that receive federal funding should monitor developments closely and prepare for possible changes to hiring, compliance, and workforce management practices.

SOURCE: Bloomberg Law, June 8, 2026: news.bloomberglaw.com/daily-labor-report/white-house-aims-for-backdoor-e-verify-expansion-in-grants-rule?context=search&index=2

Federal Judge Rules DHS Violated the Law by Freezing Legal Immigration Benefits

A federal judge has ruled that the Department of Homeland Security (DHS) violated federal law by freezing immigration benefit applications for nationals from 39 countries, blocking decisions on matters such as work permits, green cards, asylum applications, and naturalization. The ruling involved several U.S. Citizenship and Immigration Services (USCIS) policies that paused or delayed immigration processing based largely on applicants’ countries of origin. The court found that DHS lacked the legal authority to stop processing applications in this manner and determined that the policies failed to follow required procedures under immigration law and administrative rules.

Key Points

Court Rejects Immigration Processing Freeze: Chief Judge John McConnell of the U.S. District Court for the District of Rhode Island vacated four DHS policies that had frozen major categories of legal immigration benefits. The policies affected applications for asylum, employment authorization, green cards, visa-related benefits, and citizenship for individuals from 39 countries.
Legal Authority Concerns: The court found that immigration laws require USCIS to process certain applications within established legal frameworks and that the agency did not have authority to simply stop adjudicating cases. The ruling emphasized that government agencies must follow statutory requirements when managing immigration benefits.
Nationality-Based Restrictions: The challenged policies directed USCIS officers to consider an applicant’s country of origin as a significant negative factor in certain decisions. The judge found that immigration law prohibits nationality-based discrimination in certain immigration benefit decisions, including green card applications.
Administrative Procedure Act Violations: The court also found that DHS failed to properly justify the policy changes under the Administrative Procedure Act (APA). The judge concluded that the government did not establish a sufficient connection between the cited security concerns and the broad suspension of immigration processing affecting individuals from dozens of countries.

What Employers Need to Know

Work Authorization Processing Impact: Employers with foreign national employees may see changes as previously delayed employment authorization applications resume processing. Companies should continue monitoring employee work authorization documents and renewal timelines as USCIS adjusts to the court ruling.
Green Card Sponsorship Planning: Employers sponsoring employees for permanent residence may benefit from the removal of processing barriers affecting certain applicants. Immigration teams should review pending cases that may have been delayed and coordinate with employees regarding next steps.
Workforce Compliance Responsibilities: The ruling does not eliminate employer obligations related to employment verification and immigration compliance. Employers should continue following standard Form I-9 procedures and maintain accurate records regardless of broader immigration policy changes.
Global Mobility Strategy: Companies with international employees should expect continued uncertainty as immigration policies remain subject to legal challenges and court review. Organizations may need contingency plans for employees affected by delays in immigration benefits or government processing changes.

Looking Ahead

Potential Government Appeal: The administration is expected to challenge the ruling, meaning the legal dispute over DHS authority and immigration processing policies may continue. Future court decisions could further define the limits of executive authority over legal immigration programs.
Continued Immigration Litigation: The decision is part of a broader pattern of legal challenges involving recent immigration enforcement and processing policies. Federal courts are likely to continue reviewing whether agency actions comply with immigration statutes and administrative law requirements.
Impact on Legal Immigration Pathways: While the ruling restores processing for many affected immigration benefits, it does not resolve every immigration restriction currently in place. Some separate policies affecting visa issuance and individuals outside the United States remain subject to different legal proceedings and requirements.
Policy Uncertainty for Employers and Immigrants: The decision highlights the continuing uncertainty surrounding U.S. immigration policy and the role of federal courts in reviewing agency actions. Employers and foreign nationals should continue monitoring developments that may affect immigration timelines, eligibility, and compliance obligations.

SOURCE: Cato Institute, June 8, 2026: www.cato.org/blog/judge-finds-dhs-violated-law-freezing-legal-immigration?utm_campaign=Cato_Today&utm_medium=email&utm_source=Cato_Email&utm_content=260608-Cato_Today

U.S. Launches $750 Expedited B-1/B-2 Visa Interview Pilot Program

The U.S. Department of State is introducing a temporary pilot program that allows certain applicants for B-1 (business) and B-2 (tourism) visas to pay an extra fee for faster interview scheduling. Starting July 1, 2026, and running through December 31, 2026, eligible applicants at select U.S. embassies and consulates can pay an additional $750 on top of the standard $185 visa application fee to secure an interview appointment within 10 business days. The program is designed as a test to reduce long visa wait times and manage high global demand, especially at busy consular posts. Importantly, the fee only speeds up interview scheduling and does not guarantee visa approval or change standard processing outcomes.

Key Points

- Expedited Appointment Pilot Program: The Department of State plans to introduce a premium service allowing eligible visa applicants to request faster interview appointments by paying an additional fee. The pilot program is expected to operate from July 1 through December 31, 2026, at selected U.S. embassies and consulates, with the possibility of extension depending on demand.
- Pilot Program Structure: The State Department has created a temporary “proof-of-concept” program for B-1/B-2 visa applicants. It is set to run from July 1, 2026, through December 31, 2026, and applies only at selected consular locations.
- Expedited Interview Option: Eligible applicants can pay a $750 premium fee to obtain a visa interview appointment within 10 business days of payment. This option is voluntary and subject to available expedited appointment capacity at each post.
- Additional Cost Beyond Standard Fee: The expedited fee is separate from the existing $185 Machine-Readable Visa (MRV) application fee. This brings the total cost for those using the service to about $935.

Limited Scope and Availability: Only certain embassies and consulates will participate, and expedited slots are expected to be capped based on capacity. Applicants cannot assume availability even after paying the fee.

What Employers Need to Know

Business Travel Planning Impact: Employers sponsoring or relying on international business visitors should account for potentially faster scheduling options for employees or partners. However, availability will vary by consulate and may not eliminate all delays.
No Effect on Visa Approval: The program only accelerates interview timing and does not influence adjudication standards or approval rates. Employers should not assume faster processing equals lower scrutiny.
Potential Cost Considerations: Companies may see employees or clients opting for the premium fee to meet urgent travel deadlines, increasing overall travel-related costs. This could become a factor in budgeting for international business travel.
Operational Uncertainty During Pilot: Because this is a test program, rules, participating locations, and capacity could change during the rollout period. Employers should expect variability and limited predictability until the pilot concludes.

Looking Ahead

Possible Expansion or Cancellation: The pilot’s results will determine whether the expedited fee program becomes permanent, is expanded to more visa categories, or is discontinued after December 2026.
Impact on Global Visa Wait Times: If successful, the program could become a structural tool for reducing long-standing backlogs at high-volume consulates worldwide. This may reshape how appointment scheduling is managed in the future.
Precedent for “Premium Consular Services”: The initiative signals a broader shift toward fee-based prioritization of government services, especially in immigration processing. This could lead to additional “fast-track” options in other visa or immigration categories.
Ongoing Debate Over Accessibility: Policymakers and stakeholders are likely to continue debating whether pay-to-expedite systems create unequal access based on ability to pay. That tension may influence future revisions or legal challenges.

The Department of State’s expedited visa interview pilot program represents an effort to address long appointment wait times by offering eligible applicants a faster scheduling option for an additional fee. While the program may provide greater flexibility for travelers and employers managing urgent mobility needs, it does not alter visa requirements or guarantee approval. As global demand for U.S. travel continues, employers and foreign nationals will need to remain proactive in managing visa timelines and immigration compliance obligations.

SOURCE: Associated Press, June 8, 2026: apnews.com/article/state-department-visas-travel-charge-38a7143ba665f87fc1bb416e05e45a7d?utm_source=Email&utm_medium=share

India EB-5 Unreserved Visa Category Unavailable Through September 30 After Reaching Annual Limit for FY 2026

The U.S. Department of State announced that all available Employment-Based Fifth Preference (EB-5) unreserved immigrant visas for applicants chargeable to India have been issued for fiscal year (FY) 2026. Because the annual limit has been reached, U.S. embassies and consulates cannot issue additional EB-5 unreserved visas for Indian applicants until the beginning of the next fiscal year on October 1, 2026. The announcement reflects the impact of statutory visa limits, including worldwide employment-based visa caps and per-country limits that restrict the number of immigrant visas available to nationals of any single country.

Key Points

EB-5 Unreserved Category Limit Reached: The Department of State confirmed that all available EB-5 unreserved visas for Indian applicants have been used for FY 2026. The affected categories include EB-5 unreserved classifications such as C5, T5, I5, R5, RU, and NU visa categories.
Visa Issuance Pause Until New Fiscal Year: Because the annual allocation has been exhausted, U.S. embassies and consulates may not issue additional EB-5 unreserved immigrant visas for India during the remainder of FY 2026. Visa availability will reset on October 1, 2026, when FY 2027 begins and new visa numbers become available.
Impact of Immigration Quotas: The EB-5 program is subject to annual numerical limits established under the Immigration and Nationality Act, including limits on total employment-based immigrant visas and per-country allocations. These limits are designed to distribute immigrant visa numbers among countries but can create backlogs for countries with high demand, including India.
High Demand Drives Availability Issues: The announcement reflects continued demand pressure in employment-based immigration categories. Similar quota-related issues have affected other employment-based categories when annual visa limits have been reached before the end of a fiscal year.

What Employers Need to Know

Investor and Executive Immigration Planning: Employers using EB-5 strategies for foreign investors, executives, or key personnel should account for possible delays caused by annual visa limitations. Companies should evaluate immigration timelines carefully when EB-5 processing is part of broader workforce or investment planning.
Permanent Residence Timing: Employees or investors from India pursuing EB-5 unreserved immigrant visas may experience delays in final visa issuance until new visa numbers become available. Employers should avoid assuming that approval of an underlying petition automatically results in immediate permanent residence availability.
Global Mobility Impact: Organizations supporting international employees and investors should monitor visa category availability when planning relocations or long-term assignments. Visa retrogression or category exhaustion can affect onboarding timelines, relocation schedules, and workforce strategies.
Immigration Compliance Coordination: Employers should maintain communication with foreign national employees regarding changing visa availability and expected timelines. Immigration teams should coordinate with legal counsel and mobility providers to adjust plans when government visa limits affect case progression.

Looking Ahead

FY 2027 Visa Availability Reset: EB-5 unreserved visa availability for Indian applicants is expected to resume when the new fiscal year begins on October 1, 2026. However, continued demand may result in future limits being reached again if visa usage remains high.
Potential Future Backlogs: The continued popularity of EB-5 among Indian applicants may contribute to longer waiting periods in future years. Visa demand patterns, legislative changes, and available visa numbers will influence how quickly applicants can move forward.
Monitoring Visa Bulletin Updates: Applicants and employers should continue reviewing monthly Department of State Visa Bulletin updates for changes in priority dates and visa availability. Future adjustments may provide additional movement or may create further delays depending on demand.
Broader Employment-Based Immigration Pressure: The EB-5 limitation highlights ongoing challenges within the U.S. employment-based immigration system, where demand in certain categories can exceed available visa numbers. Future reforms may focus on addressing visa shortages, allocation rules, and processing backlogs.

The Department of State’s announcement that India has reached its FY 2026 EB-5 unreserved visa limit demonstrates the continued impact of annual immigration quotas on employment-based immigration pathways. While the EB-5 program remains available, Indian applicants in the unreserved category must wait until new visa numbers become available in FY 2027. Employers, investors, and immigration professionals should continue monitoring visa availability and planning carefully around potential delays caused by statutory limits.

SOURCE: US Department of State, June 10, 2026: travel.state.gov/content/travel/en/News/visas-news/india-per-country-limit-reached-in-the-eb-5-unreserved-category.html

U.S. Immigration Alerts