Indian nationals waiting for employment-based green cards could face fresh problems, with the United States warning that the EB-1 category for India may become temporarily unavailable in the coming weeks due to heavy demand.
The warning comes as Indian applicants already face severe backlogs in several major employment-based green card categories. The September Visa Bulletin from the US State Department said high demand and increased use of visa numbers by applicants chargeable to India could exhaust the country’s allocation in the EB-1 category before the US fiscal year ends on September 30.
The State Department said that high demand and number usage by individuals chargeable to India may necessitate making the visa category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends. “This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
EB-1 is the latest category under pressure
The EB-1 category is the employment-based first-preference green card route. It covers people with extraordinary ability, outstanding researchers and professors, and certain multinational executives and managers.
For September, the final action date for EB-1 India is October 15, 2022. This means that, in general, applicants need to have a priority date earlier than this cutoff for a visa number to be available for final processing, subject to other eligibility requirements.The latest warning is significant because other major employment-based categories for Indians are already facing serious restrictions.
EB-2 remains unavailable for India
India’s EB-2 category remains marked as “U” or unavailable in the September Visa Bulletin. The category covers professionals with advanced degrees and people with exceptional ability.
The State Department explains that “U” means visa numbers are not authorised for issuance in that category during the period covered by the bulletin. EB-2 India was also unavailable in August and continues to remain unavailable in September.
EB-3 backlog stretches back more than 12 years
The situation is also difficult for Indians waiting under the EB-3 category. The final action date for EB-3 India in September is January 1, 2014, showing a backlog that stretches back more than 12 years.
The gap is much smaller for several other countries. For most countries not separately listed in the bulletin, the EB-3 final action date is September 1, 2024. It is January 1, 2022, for mainland China and August 1, 2023, for the Philippines.
The September bulletin has also added a new warning for the EB-5 unreserved category. August’s bulletin carried caution notes on EB-1 and EB-2 for India, both warning that high demand could force the categories to become unavailable before the fiscal year ends. September repeats both warnings but adds a new caution for EB-5 unreserved visas.
For the first time, the bulletin flags the EB-5 unreserved category itself, warning that demand could force a retrogression or a complete freeze before September 30. The bulletin states: “Sufficient demand and increased number use in the EB-5 unreserved visa category may make it necessary to retrogress the final action date or make the category unavailable before the end of the fiscal year to hold number use within the maximum allowed under the FY 2026 annual limit.”
This is particularly important for Indian investors using the EB-5 route. India’s unreserved EB-5 category is already marked as unavailable for final action in September, as it was in August. However, EB-5 set-aside categories for rural projects, high-unemployment areas and infrastructure projects remain current for applicants from all countries.
Filing dates gives a larger window
The dates-for-filing chart offers Indian applicants a slightly wider window than the final-action chart. For September, the filing date for EB-1 India is December 1, 2023. For both EB-2 and EB-3 India, the filing date is January 15, 2015. However, applicants seeking adjustment of status within the US must check which chart has been authorised for use by US Citizenship and Immigration Services for that particular month.
Heavy demand and visa limits are adding pressure
The growing pressure on Indian employment-based green card applicants is largely linked to strong demand and strict limits on the number of employment-based immigrant visas available each year. For fiscal year 2026, the State Department has set the worldwide employment-based preference limit at 186,317.
US immigration law also generally imposes a seven per cent per-country limit across family-sponsored and employment-based preference categories, although the final distribution can be affected by carryover and other statutory provisions.
With the fiscal year ending on September 30, the State Department is now closely watching visa usage. For Indian applicants, the warning means that the already difficult employment-based green card situation could tighten further before the new fiscal year begins.