WASHINGTON, September 3 — The United States has cautioned that employment-based first-preference green cards for Indian nationals could become temporarily unavailable in the coming weeks due to heavy demand, intensifying an already severe backlog that has kept another major category closed to applicants.
The U.S. State Department, in its September Visa Bulletin, highlighted that elevated demand and substantial visa number usage by individuals chargeable to India in the EB-1 category could exhaust the country’s specific allocation before the end of the American fiscal year on September 30.
The State Department said that high demand and visa number usage by individuals chargeable to India may require making the visa category unavailable in the coming weeks if India’s prorated limit in the EB-1 category is reached before the fiscal year ends.
The department further noted, “This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
The EB-1 category represents the employment-based first-preference classification, which caters to priority professionals, including individuals with extraordinary ability, distinguished researchers and professors, as well as certain multinational executives and managers.
The warning carries substantial weight for Indian applicants, as several other employment-based green card pathways remain heavily restricted.
For September, the final action date for EB-1 India stands at October 15, 2022. This means an applicant generally requires a priority date earlier than this cutoff for a visa number to become available for final issuance, subject to compliance with other eligibility requirements.
Meanwhile, India’s EB-2 category, which covers professionals with advanced degrees and individuals with exceptional ability, is designated as “U” (unavailable) in the September bulletin.
The State Department clarifies that “U” means visa numbers are not authorized for issuance within that specific classification during the stated timeframe. The category remained unavailable through August and continues to have that status in September.
Severe backlogs also affect the employment-based third-preference category. The EB-3 India final action date for September is January 1, 2014, reflecting a queue extending beyond 12 years.
For comparison, the EB-3 final action date is September 1, 2024, for most countries not specifically listed in the bulletin, January 1, 2022, for mainland China, and August 1, 2023, for the Philippines.
Furthermore, India’s unreserved EB-5 investor category remains unavailable for final action during September, although specific EB-5 set-aside allocations for rural projects, high-unemployment areas and infrastructure projects remain current for all countries.
Filing dates provide a slightly broader window than final-action dates. In the September dates-for-filing chart for India, December 1, 2023, is designated for EB-1, while January 15, 2015, applies to both EB-2 and EB-3.
However, applicants pursuing adjustment of status within the United States must verify which specific chart has been authorized by U.S. Citizenship and Immigration Services for use during a given month.
The mounting pressure on Indian employment-based applicants stems primarily from a combination of strong demand and strict statutory caps governing the total number of employment-based immigrants permitted annually.
For fiscal year 2026, the State Department indicates a worldwide employment-based preference ceiling of 186,317, while U.S. immigration law generally imposes a 7% per-country limit across family- and employment-based preference categories, subject to adjustments through carryover provisions. (ANI)
About The Author
