September 2025 keeps the EB-5 Reserved categories “current,” allowing investors —including those from India— to access a fast and secure pathway to the Green Card.

The September 2025 Visa Bulletin, published by the U.S. Department of State, brings particularly relevant news for EB-5 investors seeking a safe and expedited route to the Green Card.

While the Unreserved categories —particularly for India and China— remain stagnant in their cutoff dates, the Reserved categories (Rural, High Unemployment, and Infrastructure) stay “current” for all countries.

This means that investors applying under the Reserved categories can start their immigration process without waiting for visa availability —even those from high-demand countries like India.

For BAI Capital and its clients, this scenario presents a clear opportunity: projects like Archer Place, located in a Targeted Employment Area (TEA), qualify under these Reserved categories, enabling investors —including Indians— to benefit from faster processing times and avoid the retrogressions that have impacted other categories.

If you want to learn more about how to obtain a Green Card through investment, visit our main EB-5 Visa Program page.

1. What is the Visa Bulletin and why does it matter for EB-5?

The Visa Bulletin is the U.S. Department of State’s monthly document that indicates the cutoff dates for immigrant visa issuance, including the EB-5 category. These dates determine when an applicant can receive their visa or adjust status (AOS) if already in the U.S.

• Final Action Date (Chart A): The date up to which visas are approved and issued. If your priority date is earlier, you can receive the Green Card.
  
• Date for Filing (Chart B): The date from which you can submit documents to the NVC.
  

In September 2025, USCIS announced that only Chart A would apply for EB-5, meaning the actual visa availability date sets the pace.

Example:
An Indian investor with a November 2019 priority date in Unreserved can proceed to final adjudication. However, one with a 2021 date in that same category must wait. In contrast, in Reserved there is no cutoff date — they can move forward immediately.

2. India’s context in FY2025: from progress to pause

Fiscal Year 2025 was particularly dynamic for India in EB-5 Unreserved:

• October 2024: 396-day forward movement in the cutoff date.
  
• April–May 2025: Cumulative retrogression of 976 days.
  
• August 2025: Partial recovery with a 198-day advancement.
  

This movement, while positive in August, stopped in September: India’s Unreserved cutoff date remained at November 15, 2019. For investors in that category, more recent applications are still on hold.

In contrast, Indian investors applying under EB-5 Reserved can bypass this problem, taking advantage of all Reserved categories being “current” and avoiding the risk of further retrogression.

3. Opportunity for investors: EB-5 Reserved remains ‘current’ for all countries

The EB-5 Reserved categories (created under the 2022 Reform and Integrity Act) allocate 32% of EB-5 visas to:

• 20% Rural area projects
  
• 10% High Unemployment areas
  
• 2% Infrastructure projects
  

In September 2025, all of them are “current” regardless of the applicant’s country of birth. This means:

• Faster processing: Possibility of concurrent filing (I-526E + AOS) if the investor is in the U.S.
  
• Greater certainty: No risk of waiting years for visa availability.
  
• Less competition for slots: By May 2025, only 9% of rural visas and 8% of high unemployment visas had been used, leaving significant availability.
  

Example:
An Indian entrepreneur living in the U.S. on an H-1B could invest in a TEA project like Archer Place, file the I-526E and status adjustment simultaneously, and obtain work and travel permits within months.

4. Specific benefits for BAI Capital clients

For BAI Capital investors, this scenario translates into tangible advantages:

a) TEA-qualified projects
Archer Place qualifies as a high unemployment area, falling within the 10% reserved by law, ensuring visa priority.

b) Security and returns
Beyond the immigration path, the project offers a projected 4.9% annual return — one of the highest in the EB-5 market — thanks to BAI Capital acting as both NCE and JCE.

c) Protection from retrogression
Even if FY2026 sees high demand from India or Latin America, Reserved categories have shown stability since inception.

d) Flexibility for U.S. residents
Clients on H-1B, F-1, or L-1 visas can adjust status without leaving the U.S., avoiding consular processing risks.

5. Key data from the September 2025 Visa Bulletin

Unreserved:

• China: December 8, 2015 (no change)
  
• India: November 15, 2019 (no change)
  
• Rest of the world: “current”
  

Reserved (Rural, High Unemployment, Infrastructure):

• All countries: “current”
  

Reserved visa usage through May 2025:

• Rural: 9%
  
• High Unemployment: 8%
  
• Infrastructure: No official data, minimal usage.
  

Annual EB-5 limit: Part of the total 150,037 employment-based visas, with 7% per country (~26,323 visas).

6. Strategies to seize the moment

a) Invest before FY2026 starts (October 2025)
The new fiscal year may bring quota adjustments and date changes. Investing in September secures current availability.

b) Apply through Reserved-qualified projects
BAI Capital offers access to eligible projects, maximizing the chances of a fast process.

c) Coordinate financial and immigration planning
Leverage concurrent filing to obtain work and travel permits within months while the Green Card is processed.

d) Educate the investor
Use Visa Bulletin data to objectively show why this route is safer than Unreserved for high-demand countries.

7. Case study: Indian investor on H-1B

Rajesh, a software engineer in California on an H-1B visa since 2018, invests $800,000 in Archer Place in September 2025 under the High Unemployment category:

• Files I-526E and I-485 concurrently.
  
• Obtains EAD (work permit) and Advance Parole (travel permit) in 4–6 months.
  
• His EB-5 Reserved visa is “current,” so there’s no wait for availability.
  
• In approximately 24–30 months, he receives his conditional Green Card and, in 5 years, can apply for citizenship.
  

This scenario would be impossible in Unreserved, where Rajesh might wait years just for his date to become current.

Conclusion: September 2025 is the time to act

The September 2025 Visa Bulletin marks a stable fiscal year-end for EB-5 Reserved categories and a unique opportunity for investors from high-demand countries like India. With projects such as Archer Place, BAI Capital offers not only a faster immigration pathway but also a solid investment with competitive returns.

The volatility in Unreserved during FY2025 shows that timing and category choice are critical. Those who act before FY2026 starts can secure immediate visa availability and get ahead of potential cutoff date changes.

In short — if you’re looking for security, speed, and a reliable project, the time is now. Archer Place and EB-5 Reserved categories are your fast track to the Green Card. Complete our contact form and an agent will get in touch with you shortly.