The U.S. Department of State has confirmed that the annual per-country limit for EB-2 immigrant visas chargeable to India has been reached for FY2026. No EB-2 India green cards can be issued or approved through September 30, 2026. Consular processing and adjustment of status (AOS) cases are both affected.
If you are an Indian-born professional waiting for an employment-based second preference (EB-2) green card, May 22, 2026 brought difficult news: the U.S. Department of State announced that India’s annual visa number allocation for the EB-2 category has been fully exhausted for fiscal year 2026. This means the government cannot issue new EB-2 green cards to applicants chargeable to India until the new fiscal year begins on October 1, 2026.
What “Annual Limit Reached” Means for EB-2 India Applicants
The U.S. immigration system allocates a fixed number of immigrant visas each fiscal year to employment-based preference categories. For country-specific calculations, per-country limits cap India’s annual share at 7% of the total EB allocation. When that cap is hit — as it was on May 22, 2026 — both USCIS and the Department of State must stop issuing green card approvals for EB-2 India until the new fiscal year begins.
Who Is Affected
| Applicant Type | Impact | What Happens Next |
|---|---|---|
| I-485 filed, awaiting approval | PAUSED | USCIS cannot approve I-485; case holds until Oct 1, 2026 |
| Interview scheduled at U.S. consulate abroad | PAUSED | No immigrant visa can be issued; interview may be rescheduled |
| I-485 interview already conducted | DELAYED | Officer may hold decision pending visa number availability Oct 1 |
| I-140 approved, waiting to file I-485 | NO NEW IMPACT | Priority date preserved; file I-485 when dates allow in FY2027 |
| PERM / I-140 still in process | NO IMPACT | These steps are unaffected — continue filing to secure priority date |
Key Dates to Know
| Date | Event |
|---|---|
| May 22, 2026 | DOS announces EB-2 India per-country limit reached for FY2026 |
| May 22 – Sept 30, 2026 | No EB-2 India immigrant visa issuances or I-485 approvals possible |
| October 1, 2026 | FY2027 begins — EB-2 India visa numbers reset; processing resumes |
| Mid-June 2026 | July 2026 Visa Bulletin expected — will show FY2027 EB-2 India priority dates |
What About Work Permits (EADs) and Advance Parole?
If you have a pending I-485 in EB-2 India category, your Employment Authorization Document (EAD) and Advance Parole remain valid as long as your I-485 is pending. USCIS cannot approve the green card right now, but they also will not deny your case solely because visa numbers are unavailable. Your case stays active in the queue.
Key point: do not travel without valid Advance Parole if your I-485 is pending and your underlying nonimmigrant status has expired. The pending I-485 does not itself grant you permission to reenter the U.S. after international travel.
EB-2 India vs. EB-1 and EB-3: What Are Your Options?
| Category | India Status (June 2026) | Approx. Priority Date (Final Action) | Notes |
|---|---|---|---|
| EB-1 | Retrogressed | Jan 8, 2023 | Still available; EB-1A/B/C with older priority dates can proceed |
| EB-2 | UNAVAILABLE | N/A through Sept 30 | Annual limit reached; no approvals until FY2027 |
| EB-3 Professionals | Available | Jan 8, 2014 | Moving forward; some EB-2 applicants may consider porting to EB-3 |
| EB-3 Other Workers | Available | Jan 8, 2014 | Same dates; generally for unskilled workers |
Should EB-2 India Applicants Consider “Porting” to EB-3?
Some EB-2 India applicants with approved I-140 petitions choose to file a second I-140 under EB-3 to take advantage of the further-along EB-3 priority dates. This strategy, sometimes called “EB-2 to EB-3 porting,” involves having your attorney file an EB-3 I-140 petition (often using an existing PERM labor certification). If the EB-3 priority date becomes current first, you can file or re-file your I-485 under the EB-3 petition.
However, this strategy requires an existing PERM labor cert that supports EB-3 classification and requires careful attorney review. Not all cases qualify, and the additional petition has its own costs and processing timelines.
What Will Happen to EB-2 India in FY2027?
The July 2026 Visa Bulletin — expected to be released by mid-June 2026 — will show the EB-2 India priority date for the start of FY2027 (October 2026). Based on current predictions, continued heavy retrogression in EB-2 India is expected. The category had already retrogressed by 10.5 months in the June 2026 bulletin, and the exhaustion of FY2026 numbers suggests demand remains extremely high relative to the per-country cap.
Optimistic projections suggest the October 2026 EB-2 India date may land in the range of September–November 2013. Pessimistic projections suggest further retrogression. Applicants should watch the July bulletin closely when it is released.
