Green Card: There’s some unfortunate news for Indians residing in the United States. Those waiting for a US green card under the EB-1 category may encounter a significant hurdle. The US State Department has cautioned that, due to high demand, this category might reach its limit before the fiscal year concludes on September 30th.
For individuals with exceptional skills, such as professors, researchers, executives at multinational corporations, or managers, securing an EB-1 green card could become challenging. The US State Department issued this alert in its September visa bulletin, indicating that due to the overwhelming demand, EB-1 visas may be temporarily unavailable to Indians in the upcoming weeks.
What the Visa Bulletin Indicated According to the bulletin, the EB-1 quota for India might be depleted before the US financial year ends on September 30. The information provided on the website states, “Due to high demand and the utilization of visas by foreign nationals with Indian connections in the EB-1 visa category, this category may need to be closed in the coming weeks if India’s EB-1 quota is reached before the financial year concludes.”
The department further mentioned, “This situation will be closely monitored, and adjustments will be made as necessary.” If the EB-1 quota for India is exhausted prior to the September 30 deadline, the employment-based visa category will no longer be accessible.
Employment visa cap at 7 percent According to the data available on the State Department’s website, the global employment-based preference cap under Section 201 of the Immigration and Nationality Act (INA) for fiscal year 2026 is 186,317. The cap for each country is limited to 7 percent of the total annual employment cap, which amounts to 28,862.
The crisis persists in the EB-2, EB-3, and EB-5 categories
This warning is even more concerning for Indian applicants because other employment-based categories are already facing significant pressure and long waiting lists. The EB-2 category, intended for professionals with advanced degrees and extraordinary ability, was listed as ‘U’ (unavailable) in the September bulletin.
According to the State Department, this means that visas in this category are not permitted to be issued during this period. Similarly, the EB-3 category, which caters to skilled workers and professionals, is also facing a severe backlog, with the queue stretching back approximately 12 years. Additionally, India’s non-reserved investor category (EB-5) is also unavailable for final action in September. However, categories reserved for rural projects, high-unemployment areas, and infrastructure projects are currently open to all countries.
What are the cut-off and filing dates?
The EB-1 India final action date for September has been set for October 15, 2022. This means that any Indian applicant must have a priority date before this cut-off date to be issued a visa number. However, the application submission dates offer some relief.
For EB-1, this date is December 1, 2023, while for EB-2 and EB-3 categories, it is set for January 15, 2015. Applicants seeking adjustment of status from within the United States must check which chart the U.S. Citizenship and Immigration Services (USCIS) allows for that particular month.