The US State Department's July 2026 Visa Bulletin has brought disappointing news for Indian applicants seeking employment-based green cards. The bulletin declares EB-2 and unreserved EB-5 as unavailable, while moving the EB-1 Final Action Date back by two months.
The significant demand for the restricted number of employment-based immigrant visas accessible to Indian applicants has led to this setback. The Final Action Date for EB-1 India has moved backward from December 15, 2022, in June to October 15, 2022, in July.
Only applicants whose priority dates are prior to October 15, 2022, are eligible to proceed towards final approval, provided they meet other eligibility criteria. The State Department has referenced 'high demand and number use' and cautioned that 'further retrogression or making the category unavailable may be necessary' before the conclusion of the fiscal year on September 30.
The most significant setback is faced by Indian applicants in the EB-2 category, which pertains to professionals with advanced degrees and individuals possessing exceptional abilities. In July, this category has been designated as 'U', or unavailable, in contrast to the Final Action Date of September 1, 2013, noted in the June bulletin.
The State Department indicated that the prorated EB-2 limit for India has been exhausted, rendering the category unavailable for the remainder of FY 2026. Consequently, no EB-2 immigrant visa numbers can be allocated to Indian applicants until the annual limits are reset at the start of fiscal year 2027 on October 1, 2026.
Additionally, unreserved EB-5 India has also been classified as unavailable, shifting from a Final Action Date of May 1, 2022, in June to 'U' in July. This category pertains to investors applying outside the reserved pools for rural, high-unemployment, and infrastructure investments.
The department similarly stated that unreserved EB-5 India will remain unavailable for the remainder of fiscal year 2026. It anticipates that the category's Final Action Date will advance in October to at least the cutoff announced in the June bulletin, although this movement will depend on demand and the new annual allocation.
Not all employment-based categories have regressed. The Final Action Date for EB-3 skilled workers and professionals has progressed slightly, moving from December 15, 2013, to January 1, 2014. The cutoff for the Other Workers category experienced the same advancement.
EB-4, which pertains to certain special immigrants, has advanced by two months, from July 15, 2022, to September 15, 2022. Despite this progress, EB-3 for India continues to be backlogged by over 12 years, highlighting the extensive wait endured by Indian professionals within the conventional employment-based green card system.
Filing dates remain the same. The Dates for Filing chart has not changed for any Indian employment-based category. The EB-1 filing date is set at December 1, 2023, while EB-2, EB-3, and Other Workers continue to be at January 15, 2015. The EB-4 date remains at January 1, 2023, and the unreserved EB-5 date stays at May 1, 2024.
The filing chart specifies when applicants can start submitting their documents, whereas the Final Action Dates chart indicates when a visa number is available. According to the US Citizenship and Immigration Services, employment-based adjustment-of-status applicants are required to refer to the Final Action Dates chart in July.
Consequently, applicants wishing to submit Form I-485 must have a priority date that is earlier than the relevant Final Action Date. This situation results in Indian applicants in EB-2 and unreserved EB-5 being unable to file under those categories in July, as both have been marked as unavailable.
Applications that were submitted previously can remain in pending status; however, final green card approvals cannot be granted until a visa number is available.
The EB-5 reserved categories continue to be current. All three EB-5 set-aside categories are currently available for applicants from all countries, including India and China.
Certain family-sponsored categories for India have shown limited advancement. The F1 Final Action Date for unmarried adult sons and daughters of US citizens has progressed by five months, moving from September 1, 2017, to February 1, 2018.
The F2B category, which pertains to unmarried adult sons and daughters of lawful permanent residents, has shifted from September 22, 2017, to November 22, 2017. The F3 category, designated for married sons and daughters of US citizens, has advanced from February 15, 2012, to April 15, 2012.
