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Home›Latest Updates›india-eb2-visa-quota-exhausted-until-oct2026
Latest UpdatesUpdated · October 6, 2026

India EB-2 Visa Quota Exhausted - No Green Cards Until Oct 2026

PrakashCEO & Founder of InvestMates
India EB-2 Visa Quota Exhausted - No Green Cards Until Oct 2026
Table of contents
  • What Happened in FY2026 (Background)
  • Where EB-2 India Stands Today: October 2026 Visa Bulletin
  • Which Chart Applies to Your I-485 Filing
  • What to Do Now
  • What to Expect in FY2027
  • Conclusion

The U.S. Department of State confirmed on May 22, 2026 that all available EB-2 (Employment-Based Second Preference) immigrant visas for Indian nationals in FY2026 had been issued, closing the category to new approvals through September 30, 2026.

That freeze ended as scheduled. The FY2027 quota opened on October 1, 2026, and the October 2026 Visa Bulletin (published by the State Department on September 4, 2026) lists a Final Action Date and a Dates for Filing entry for EB-2 India again. If you are an Indian national tracking your EB-2 priority date, this article covers what happened during the FY2026 freeze, where EB-2 India priority dates stand under the current bulletin, and what to check before you file.

Figures below are current against the October 2026 Visa Bulletin as of October 6, 2026. The Visa Bulletin updates monthly, so always confirm the latest figures at travel.state.gov before acting on a specific date.

Key Takeaway

Here is what you need to know at a glance:

  • The U.S. State Department confirmed on May 22, 2026 that EB-2 India had hit its FY2026 annual visa limit, pausing approvals through September 30, 2026
  • The FY2027 quota opened on October 1, 2026, as scheduled
  • Per the October 2026 Visa Bulletin, EB-2 India's Final Action Date is now November 1, 2013 and its Dates for Filing is January 15, 2015
  • EB-3 India's Final Action Date is January 1, 2014; EB-1 India's is February 1, 2023
  • USCIS decides each month which chart, Dates for Filing or Final Action Dates, governs I-485 eligibility for adjustment-of-status filers; check USCIS's current-month Adjustment of Status filing chart before you file rather than assuming last month's designation still applies
  • EB-5 set-aside categories (rural, high unemployment, infrastructure) remain current for India; the EB-5 unreserved category is not
  • Despite the reopening, analysts expect limited forward movement in FY2027; the structural per-country cap problem has not changed

What Happened in FY2026 (Background)

On May 22, 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 had 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. These statutory formulas have not changed.

India used up its FY2026 per-country allocation months before the fiscal year ended. U.S. embassies and consulates did not issue new EB-2 India immigrant visas, and USCIS could not approve pending I-485 (Adjustment of Status) applications in that category, from late May through September 30, 2026.

Where EB-2 India Stands Today: October 2026 Visa Bulletin

The FY2027 annual limits reset on October 1, 2026, as scheduled, and EB-2 India is active again. The table below shows the Final Action Dates and Dates for Filing published in the October 2026 Visa Bulletin (Number 19, Volume XI), issued by the State Department on September 4, 2026, the most recently published bulletin as of this update. The November 2026 bulletin had not yet been published at the time of this update.

Category (India)Final Action DateDates for Filing
EB-1February 1, 2023July 1, 2024
EB-2November 1, 2013January 15, 2015
EB-3January 1, 2014January 15, 2015
EB-5 UnreservedDecember 1, 2023May 1, 2024
EB-5 Set-Asides (rural, high-unemployment, infrastructure)Current for all applicants

Source: travel.state.gov, Visa Bulletin for October 2026. Dates change monthly, so confirm the current bulletin before relying on any date here.

Unlike during the FY2026 freeze, EB-2 India now has a real Final Action Date again instead of being marked "Unavailable." That is the headline change: the category is open, even though the Final Action Date itself (November 1, 2013) is nearly 13 years behind the filing queue.

NRI Tax

Which Chart Applies to Your I-485 Filing

The Visa Bulletin publishes two charts every month: Final Action Dates (when a green card can actually be approved) and Dates for Filing (an earlier, more generous date that determines when you may submit Form I-485). Only one of these charts governs I-485 filing eligibility in any given month, and USCIS, not the Visa Bulletin itself, decides which one applies, publishing that decision on its "When to File Your Adjustment of Status Application" page each month before the bulletin takes effect.

This matters because the chart designation can and does change month to month. Do not assume that because the Dates for Filing chart shows a workable date for your priority date, you are automatically eligible to file. Confirm the current month's designation on USCIS's website first.

At the time of this update, USCIS's current-month designation for October 2026 could not be independently confirmed from this end. This article does not assert which chart applies for October 2026; check uscis.gov directly before filing.

If You Have a Pending I-485

If your EB-2 India adjustment-of-status application was filed during the FY2026 freeze under the Dates for Filing window, it was held, not denied. With the FY2027 quota open and a Final Action Date now published for EB-2 India, USCIS can resume approving pending I-485 cases where the priority date is on or before November 1, 2013.

What About EB-1 and EB-3 India?

EB-1 India's Final Action Date has moved to February 1, 2023 in the October 2026 bulletin, a modest advance from the December 15, 2022 date reported in mid-2026. EB-3 India's Final Action Date is January 1, 2014, essentially flat compared to where it stood earlier in the year. An EB-2-to-EB-3 downgrade remains available for applicants with an approved PERM labor certification, but large numbers of simultaneous downgrades have historically pushed EB-3 India dates backward. Get immigration counsel before making that move.

What to Do Now

  1. Confirm your current priority date against the table above. If your priority date is on or before November 1, 2013, your EB-2 India case is in the Final Action Dates window this month, and USCIS and consulates can act on it, subject to normal processing times.
  2. Check USCIS's current filing-chart designation before submitting a new I-485. Do not rely on last month's or last year's designation.
  3. Maintain your underlying work-visa status without interruption (H-1B, L-1, etc.) while your case is pending. Keep a close eye on the latest H-1B visa developments and, if applicable, the latest EXILE Act updates.
  4. Re-evaluate an EB-3 downgrade only with counsel, given how sensitive EB-3 India dates are to downgrade volume.
  5. EB-5 set-aside categories remain current for India (rural, high-unemployment, infrastructure) if you qualify; the general EB-5 unreserved category is not. Review the requirements and timeline for EB-5 for Indian nationals before considering this route.
  6. Revisit your long-term residency plans in light of the reopened but still heavily backlogged queue. If you are weighing a return to India while your case is pending, see what maintaining your green card after moving back to India requires.

What to Expect in FY2027

The FY2027 quota has opened, but the structural constraint behind the FY2026 freeze has not changed: global employment-based demand continues to consume nearly all available visa numbers annually, leaving India with only its roughly 25,620-visa per-country share across all EB categories. Expect continued, slow forward movement in EB-2 India's Final Action Date rather than a large jump, and watch for the possibility of another mid-year freeze if FY2027 demand runs as high as FY2026's did.

As you track this, keeping the latest updates to US green card rules in view alongside your Visa Bulletin tracking will help you catch any procedural change early.

Conclusion

EB-2 India's FY2026 quota freeze ended on October 1, 2026 as scheduled, and the October 2026 Visa Bulletin again lists a Final Action Date and Dates for Filing for the category. Your priority date was never cancelled during the freeze; it simply waited. The two things to act on now are confirming where your priority date sits against the current bulletin, and confirming with USCIS which filing chart governs I-485 eligibility this month before you submit anything.

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. Per the October 2026 Visa Bulletin, EB-2 India's Final Action Date is November 1, 2013 and its Dates for Filing is January 15, 2015. USCIS decides monthly which of the two governs I-485 filing eligibility, so confirm the current designation with USCIS before filing.

For someone filing today, with a priority date well after November 2013, estimates from immigration analysts still 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 remains 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.

About the Author
By Prakash
CEO & Founder of InvestMates

Prakash is the CEO & Founder of InvestMates, a digital wealth management platform built for the global Indian community. With leadership experience at Microsoft, HCL, and Accenture across multiple countries, he witnessed firsthand challenges of managing cross-border wealth. Drawing from his expertise in engineering, product management, and business leadership, Prakash founded InvestMates to democratize financial planning and make professional wealth management accessible, affordable, and transparent for every global Indian.

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