The U.S. Department of State confirmed on May 26, 2026 that all available EB-2 (Employment-Based Second Preference) immigrant visas for Indian nationals in FY2026 have been issued.
This means no new EB-2 green cards will be approved or issued for India until October 1, 2026 - the start of the new fiscal year. If you are an Indian national tracking your EB-2 India priority date, your case is on hold until FY2027 begins.
Whether you are waiting overseas for a consular stamp or inside the U.S. on a pending I-485, this article explains exactly what happened, how it affects you, and what steps to take right now.
What Happened: India's EB-2 Visa Quota Hits Its FY2026 Limit
On May 26, 2026, the U.S. Department of State — working alongside U.S. Citizenship and Immigration Services (USCIS) — announced that all available EB-2 immigrant visas for applicants chargeable to India in FY2026 have been exhausted.
Under the Immigration and Nationality Act (INA), employment-based visas are governed by two annual limits. First, EB-2 receives 28.6% of the worldwide employment-based limit, which is at least 140,000 visas per year. Second, no single country can receive more than 7% of all family-sponsored and employment-based visas combined, which works out to approximately 25,620 visas across all categories.
India has long used up its per-country allocation before the fiscal year ends. But this year the exhaustion came harder and faster. In recent years, countries that previously underused their visa numbers are now consuming their full allocations. Fewer unused numbers are "falling down" into oversubscribed categories like EB-2 India. The result: India's share ran out months before the October 1 year-end reset.
The June 2026 Visa Bulletin also shows steep retrogression across all India EB categories, not just EB-2.
The State Department has also warned that EB-1 India may face further retrogression or become "unavailable" before September 30 if demand does not ease.
How This Affects You as an Indian NRI
The immediate impact depends on where you are in the green card process.
If You Are Going Through Consular Processing
If you are outside the U.S. and waiting for your immigrant visa interview at an embassy or consulate, the news is immediate and direct: U.S. embassies and consulates will not issue EB-2 India immigrant visas for the rest of FY2026. If your interview was scheduled for the coming months, expect it to be postponed or cancelled.
Take Rahul, a software engineer in Bengaluru whose I-140 was approved in late 2022. He had an immigrant visa interview lined up for June 2026. That interview will almost certainly be rescheduled, as no visa number can be issued in the EB-2 India category until October 1, 2026. His case is not lost. It is simply waiting for the fiscal year reset.
If You Filed an I-485 (Adjustment of Status)
If you are already in the U.S. and have a pending Form I-485 (Adjustment of Status), USCIS cannot approve your case in the EB-2 India category through September 30, 2026. Your application will be held and picked up when visa numbers become available after October 1.
There is an important exception worth knowing: you may still be able to file a new I-485 application. As of June 2026, the Visa Bulletin's "Dates for Filing" chart for EB-2 India shows January 15, 2015. This means if your priority date is earlier than January 15, 2015, you can still submit your I-485 application right now. Filing gives you access to an Employment Authorization Document (EAD) and an Advance Parole (AP) travel document while you wait, even though the green card itself cannot be approved yet.
What About EB-1 India?
If you are on the EB-1 India track, you are not untouched by this news. The June 2026 Visa Bulletin shows EB-1 India retrogressed to a final action date of December 15, 2022. The State Department explicitly warned in the June bulletin that further retrogression, or making EB-1 India "unavailable," may be necessary if demand continues to outpace supply before September 30. Monitor the July and August Visa Bulletins closely if you have a pending EB-1 India case.
What You Should Do Now
This situation calls for specific steps, not panic. Here is what to prioritize.
- Do not let your work visa status lapse. This is the single most urgent action. Maintain your H-1B, L-1, or other nonimmigrant status without interruption while you wait. A lapse in status can jeopardize your entire green card process. Work with your employer's immigration counsel to ensure timely visa extensions. As you review the latest updates to US green card rules, keeping your status current is step one.
- Check your priority date and filing window. Look up your priority date on your approved I-140 or PERM labor certification. If your priority date falls before January 15, 2015, you are in the "Dates for Filing" window and can submit your I-485 to USCIS now, even though approval will wait for October. Filing now locks in your place in line and gives you work authorization (EAD) and travel permission (Advance Parole) in the meantime.
- Evaluate an EB-3 downgrade with caution. An EB-2 to EB-3 downgrade lets you refile using your existing PERM labor certification in the EB-3 category, retaining your original priority date. If EB-3 India dates appear more favorable, this can seem attractive. However, when large numbers of applicants downgrade simultaneously, EB-3 India dates tend to retrogress quickly in response. The current EB-3 India final action date is December 15, 2013, and the Dates for Filing chart shows January 15, 2015, matching EB-2. Get immigration counsel before making this move.
- Explore EB-5 set-aside categories if you qualify. The EB-5 investor visa has three reserved sub-categories — rural area investment (20%), high-unemployment area investment (10%), and infrastructure investment (2%) — all of which remain current for every country, including India. These are separate from the general EB-5 unreserved category, which is not current for India. Before considering this route, understand the requirements and timeline for EB-5 for Indian nationals, including minimum investment thresholds.
- Think through your long-term residency plans. A prolonged green card delay has real implications for your life choices. If you are considering returning to India while your application is pending, understand what maintaining your green card after moving back to India requires before making any decision.
What to Expect After October 1, 2026
The annual EB visa limits reset at the start of FY2027 on October 1, 2026. At that point, U.S. embassies can resume issuing EB-2 India immigrant visas and USCIS can begin approving pending I-485 applications in the EB-2 India category.
Do not expect a surge of approvals. The structural problem has not changed: global employment-based demand now consumes nearly all available visa numbers annually, leaving India with only its per-country share. Analysts and immigration attorneys expect very limited priority date movement for EB-2 India in FY2027.
Keep a close eye on the latest H-1B visa developments as H-1B status is the primary legal safety net for most Indian nationals waiting in the EB-2 queue. If you are in the United States on H-1B and subject to the EXILE Act, staying ahead of the latest EXILE Act updates becomes even more important as your wait extends.
Conclusion
The exhaustion of the EB-2 India quota for FY2026 means no new green card approvals or consular visa stamps until October 1, 2026. Your EB2 India priority date stays in the queue - cases are not cancelled, just paused. The most important thing you can do right now is maintain your work visa status without lapse and check whether your priority date makes you eligible to file an I-485 under the current Dates for Filing chart.
For any strategic decisions, whether that is an EB-3 downgrade, an EB-5 move, or returning to India, consult an immigration attorney before acting.
Frequently asked questions
Does EB-2 visa lead to green card?
Yes, EB-2 is an employment-based immigration category that leads directly to U.S. permanent residency, commonly called a green card.
Once you have an approved Form I-140 (Immigrant Petition for Alien Workers) in the EB-2 category and a visa number becomes available for your priority date, you apply for the green card either through Adjustment of Status (Form I-485) if you are in the U.S., or through consular processing at a U.S. embassy abroad.
For Indian nationals, the delay is caused not by denial but by the per-country quota that limits how many approvals India can receive each year.
What is the EB-2 green card quota?
Under U.S. law, EB-2 is allocated 28.6% of the worldwide annual employment-based limit, which is at least 140,000 visas per year. However, no single country can use more than 7% of the combined family-sponsored and employment-based annual limit, which works out to approximately 25,620 visas per year.
Because India's demand in the EB-2 category alone far exceeds this annual cap, most Indian applicants wait years before a visa number reaches them. The total worldwide EB-2 allocation is not the constraint. The per-country cap is.
What is the waiting time for green card in India EB-2?
The waiting time depends entirely on your priority date, which is the date your PERM labor certification or I-140 petition was filed. As of June 2026, EB-2 India is marked "Unavailable," meaning no approvals are happening regardless of how old the priority date is. When the category reopens in October 2026, the Dates for Filing chart shows January 15, 2015, meaning only applicants with priority dates before that date can file.
For someone filing today, estimates from immigration analysts suggest the wait from filing to final approval could span well over a decade under current demand conditions. As part of your long-term NRI financial and life planning, building a realistic timeline around this wait is essential.
Who is eligible for EB-2 green card?
EB-2 is for professionals with an advanced degree (a master's degree or higher, or a bachelor's degree with five years of progressive work experience in the same specialty) or individuals with exceptional ability in the sciences, arts, or business. Most EB-2 applicants need employer sponsorship and a PERM labor certification.
A sub-category called the National Interest Waiver (NIW) lets qualifying individuals self-petition without employer sponsorship, if their work serves U.S. national interests. Both EB-2 pathways are subject to the same per-country quota limits, so the long wait applies equally to employer-sponsored and NIW applicants from India.