The United States has warned that employment-based first-preference (EB-1) green cards for Indian applicants could become unavailable before the end of the current fiscal year on September 30, 2026, as demand remains high.
The warning was issued in the US State Department’s September Visa Bulletin and adds further uncertainty for Indian professionals already facing lengthy waits for employment-based permanent residency.
EB-1 Demand Puts Indian Applicants Under Fresh Pressure
The EB-1 category is reserved for priority workers, including:
- Individuals with extraordinary ability
- Outstanding professors and researchers
- Certain multinational executives and managers
The State Department said that heavy demand and visa usage by applicants chargeable to India could result in the EB-1 category becoming unavailable in the coming weeks if the country’s annual limit is reached before September 30.
The department said it would continue monitoring visa usage and make adjustments if necessary.
EB-1 India Final Action Date
For September 2026, the EB-1 India final action date is October 15, 2022. Generally, Indian applicants need a priority date earlier than this cutoff for a visa number to be available for final action, provided they meet all other eligibility requirements.
This means many Indian professionals with approved employment-based petitions may still have to wait for their priority dates to become current.
EB-2 India Is Already Unavailable
The pressure is not limited to EB-1. The EB-2 India category, which covers professionals with advanced degrees and individuals with exceptional ability, is listed as “U” (Unavailable) in the September Visa Bulletin.
The State Department uses “U” when immigrant visa numbers are not authorised for issuance in that category during the relevant period.
EB-3 Backlog Stretches for Years
Indian applicants also face a substantial backlog in the EB-3 category, which covers skilled workers, professionals and certain other workers.
The Indian EB-3 queue remains roughly 12 years behind, highlighting the scale of the employment-based green card backlog affecting Indian applicants.
Meanwhile, India’s unreserved EB-5 category is also unavailable for final action in September. However, EB-5 set-aside categories for rural areas, high-unemployment areas and infrastructure projects remain current for applicants from all countries.
Filing Dates Provide Some Relief
The September Visa Bulletin’s dates-for-filing chart is more favourable than the final-action dates for Indian applicants.
The filing dates are:
| Category | India Filing Date |
|---|---|
| EB-1 | December 1, 2023 |
| EB-2 | January 15, 2015 |
| EB-3 | January 15, 2015 |
However, applicants seeking adjustment of status from within the US must first check which Visa Bulletin chart US Citizenship and Immigration Services (USCIS) has authorised for that month.
Why Indian Green Card Backlogs Are So Severe
The long waits for Indian employment-based green cards are largely driven by very high demand combined with statutory limits on employment-based immigrant visas.
The latest EB-1 warning adds another layer of uncertainty. If India’s annual EB-1 allocation is exhausted before the fiscal year ends on September 30, visa availability could be temporarily halted until the new fiscal year begins.
For Indian professionals waiting for permanent residency, the development underscores how difficult it remains to secure an employment-based US green card despite having an approved immigration petition.
