Indian professionals waiting for a US green card are facing a fresh deadline as the current fiscal year approaches its end. The US has already exhausted the available Employment-Based Second Preference (EB-2) visas for Indian applicants for fiscal year 2026. Now, the Employment-Based First Preference (EB-1) category for India could also become unavailable before September 30.
EB-1 is the first employment-based preference category and generally covers priority workers, including people with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. EB-2 covers professionals with advanced degrees and people with exceptional ability.
The US Department of State has warned that high demand and increased visa-number use by Indian applicants could force it to make EB-1 India unavailable if the country’s pro-rated limit is reached before the end of FY 2026.
The situation is different for EB-2 India. The State Department announced in May that all available EB-2 immigrant visas for India for FY 2026 had already been used. The category will remain unavailable for the rest of the fiscal year, with annual limits resetting on October 1, 2026, when FY 2027 begins.
But “unavailable” does not mean every green-card case comes to an end. What happens next depends on where an applicant is in the process.
Financial Express Digital spoke to US immigration attorney Sai Srinivas Reddy Bhumireddy to understand what Indian professionals should know if EB-1 or EB-2 becomes unavailable and what they should do before September 30.
What does ‘unavailable’ mean?
An employment-based category becomes unavailable when the annual green-card quota for that category and country has been fully used. No further approvals can happen under that category until new visa numbers become available.
That is different from retrogression, when visas are still being issued but the cutoff date moves backwards. “Unavailable is a complete stop, while retrogression is a temporary step back,” the attorney said.
For Indian professionals, that distinction matters because EB-2 India is already unavailable for FY2026, while EB-1 India remains available but is under pressure.
Why should EB-1 India applicants act now?
The State Department has warned that EB-1 India could become unavailable before September 30. The attorney said applicants should treat the warning seriously.
“Given the high demand and number use specifically flagged for India in this category, I’d treat this as a likely outcome rather than just a precautionary note,” he said. For applicants who are already eligible to file, he suggested not to do it immediately rather than wait for the category to potentially close.
Priority date is current but I-485 not filed: Should you file now?
For an applicant whose priority date is current but who has not yet filed the I-485, the period before September 30 could be important. If the category becomes unavailable before the I-485 is filed, the applicant does not lose their place in the queue. However, they may lose the immediate opportunity to file and have to wait until visa numbers become available again.
The attorney compared the situation to a first-come, first-served system while numbers remain available. “Whoever files first gets processed first while numbers remain,” he said. He advised, “If you’re current and haven’t filed, file now.”
What if I-485 is already pending?
A pending I-485 does not simply disappear if the employment-based category becomes unavailable. USCIS can continue processing parts of the case, including background checks, medical requirements and interviews. However, final approval cannot happen until an immigrant visa number becomes available again.
The attorney described this as “a pause in final approval, not a loss of status in the process.” Applicants may also continue to use Employment Authorization Documents (EADs) and Advance Parole (AP) where applicable.
An EAD authorises eligible applicants to work in the US, while Advance Parole can allow certain applicants with pending adjustment-of-status cases to travel internationally and seek re-entry.
What changes on October 1?
October 1 marks the beginning of the new US fiscal year, when new employment-based visa numbers become available.
But the attorney cautioned against assuming that the reset will automatically make every applicant current. “Yes, a new visa becomes available on October 1,” he said.
However, the State Department will determine the specific cutoff dates for EB-1 and EB-2 India based on demand and available visa numbers for FY 2027.
October 1 resets the annual visa numbers, but it does not automatically eliminate the backlog.
Can EB-2 applicants use EB-3 downgrade or EB-1A?
Applicants stuck in EB-2 may consider alternatives such as an EB-3 downgrade or EB-1A, but neither is an automatic solution.
An EB-3 downgrade involves moving an employment-based case from EB-2 to EB-3, where eligible, to potentially benefit from different cutoff-date movement. The attorney said the strategy needs to be assessed based on each applicant’s circumstances.
EB-1A is a self-petition route for people who can establish extraordinary ability. It has a significantly higher evidentiary bar and is not simply an alternative for any highly skilled professional.
The attorney said applicants generally need to satisfy three of 10 regulatory criteria, including evidence such as published articles, patents, judging the work of others or major original contributions.
What should Indians with priority dates years away do?
Applicants whose priority dates are still years from becoming current may not have an immediate filing window to protect.
The attorney’s advice is to treat the green-card process as a long-term process while maintaining the immigration status that allows them to remain and work in the US. “Treat the green card process as a marathon, not a status to plan your life around yet,” he said.
He advised applicants to keep their H-1B status active and current, renew it when necessary, keep the approved I-140 portable and maintain documentation of the employer relationship.
He also cautioned against relying on an EAD or Advance Parole as the only form of protection.
For Indian professionals, therefore, September 30 and October 1 do not mean the same thing for everyone.
Those whose priority dates are current and who are eligible to file may have an immediate reason to act before September 30. Those with approved I-140s but no I-485 may need to wait for visa availability while retaining their priority date and other benefits of the approved petition. Applicants with pending I-485s may see final approval pause if their category becomes unavailable.
For those still years away from the cutoff, the priority should be maintaining valid immigration status while continuing to monitor the green-card queue.
“Unavailable” does not mean the green-card journey is over. It means applicants need to understand where their case stands and what the loss of visa availability means for that particular stage.
Disclaimer: This article is for general informational purposes only. US immigration laws, regulations and government policies are subject to change. Readers should verify the latest information with official US government sources and consult immigration attorneys before making any immigration-related decision.