US warns EB-1 India may become unavailable as visa numbers run out
US Visa Bulletin offers little relief for Indians; EB-1 under pressure, EB-2 unavailable
 "US warns EB-1 India may become unavailable as visa numbers run out")
Indian professionals seeking US employment-based green cards may face further uncertainty, with the US State Department warning that the EB-1 India category could become unavailable in the coming weeks as annual visa numbers near exhaustion.
The caution accompanies the August 2026 Visa Bulletin, which leaves India's EB-1 Final Action Date unchanged at October 15, 2022. The State Department said strong demand and higher-than-expected use of immigrant visa numbers could force it to stop issuing visas in the category before the end of the US fiscal year on September 30, 2026.
The bulletin brings little relief for Indian applicants across other employment-based categories.
The EB-2 category remains unavailable for Indians, while the EB-3 Final Action Date continues to be January 1, 2014.
For applicants already in the United States, the US Citizenship and Immigration Services (USCIS) said it will use the Final Action Dates chart to determine eligibility for employment-based adjustment of status applications in August. This means applicants can file for permanent residence only if their priority date is earlier than the applicable Final Action Date.
The State Department said immigrant visa demand has increased in recent months after a temporary slowdown earlier in the fiscal year, leading to faster use of available visa numbers. It warned that additional retrogression or unavailability may be required in some employment-based categories before the fiscal year ends.
While India saw no movement, a few other countries recorded modest gains. China's EB-1 Final Action Date advanced by one month to July 1, 2023, while the Worldwide EB-3 category moved ahead by one month to September 1, 2024.
An "unavailable" status means that immigrant visas cannot be issued and adjustment of status applications cannot be approved under that category until fresh visa numbers become available, typically when the new US fiscal year begins on October 1.
The August bulletin is the last full update before the start of the next fiscal year, making it particularly significant for Indian professionals waiting in the employment-based green card queue.
"The August Visa Bulletin notes that immigrant visa issuance rates for foreign nationals from certain countries have recently decreased, allowing the agency to advance dates in some categories, as shown above. However, the State Department notes that as demand increases, retrogression or unavailability may be necessary in several categories before the fiscal year ends on September 30, 2026.
According to the agency, the EB-1 Final Action Date for India may become unavailable in the coming weeks due to high demand and use of immigrant visa numbers in that category. Also, EB-2 may be retrogressed or made unavailable in the coming months due to sustained demand and increased immigrant visa number use," said immigration firm Fragomen in a note.
Final Action Dates for August 2026
EB-1
China: July 1, 2023
India: October 15, 2022
All other countries: Current
EB-2
China: September 1, 2021
India: Unavailable
All other countries: Current
EB-3 Professionals and Skilled Workers
China: January 1, 2022
India: January 1, 2014
Philippines: August 1, 2023
All other countries: September 1, 2024
EB-3 Other Workers
China: May 1, 2019
India: January 1, 2014
Philippines: December 1, 2021
All other countries: April 1, 2022
EB-4
All countries: October 15, 2022
EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 1, 2016
India: Unavailable
All other countries: Current
EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries