EB-2 India is not moving because the category has been unavailable since the State Department announced on May 22, 2026 that India's annual limit had been reached, and the Visa Bulletin has shown it as "U" since July 2026. India reached its annual EB-2 cap in May 2026, so USCIS cannot approve any EB-2 India adjustment application for the rest of fiscal year 2026, no matter how early the priority date is. The category is expected to reopen in October 2026.
The last active final action date, in June 2026, was September 1, 2013 before the category closed entirely. India's demand for EB-2 visas has outpaced the fixed 7 percent per country limit for years, and this year that limit was reached earlier than usual.
KEY TAKEAWAYS
EB-2 India has been effectively unavailable since May 22, 2026, when the annual limit was reached; the Visa Bulletin first marked it "U" in July 2026, and it remains unavailable in August 2026.
India reached its fiscal year 2026 EB-2 annual cap in May 2026, months before the fiscal year ended.
USCIS is expected to resume EB-2 India processing in the October 2026 Visa Bulletin, the start of fiscal year 2027.
What is the EB-2 India priority date right now?
EB-2 India has no final action date for August 2026. USCIS marks the category "U" for unavailable, meaning no visa numbers remain for EB-2 India this fiscal year.
A "U" status is different from a frozen date. A frozen date still allows filing for applicants whose priority date falls before the cutoff. An unavailable category allows no approvals at all, regardless of how early the priority date is.
EB-2 India moved from a final action date directly to unavailable in July 2026, and it has stayed unavailable through August 2026.
Why did EB-2 India become unavailable?
EB-2 India became unavailable because India reached its full annual allocation of EB-2 visa numbers for fiscal year 2026. The State Department announced on May 21, 2026 that India had hit its yearly cap for EB-2 green cards, months before the fiscal year ends.
Federal law caps each country at no more than 7 percent of the total employment based visas issued in a fiscal year, regardless of how many applicants that country has. India's EB-2 demand has exceeded that share for years.
The State Department warned in the June 2026 Visa Bulletin that several employment based categories were approaching their fiscal year 2026 limits. EB-2 India was the first to reach full exhaustion, and EB-1 India came under similar pressure around the same time. EB-3 India, by contrast, continued to see modest forward movement in the same bulletins, since it draws from a separate pool within the same per country limit.
No | Category | 2026 status |
|---|---|---|
1 | EB-2 India | Unavailable since July 2026 |
2 | EB-1 India | Retrogressed |
3 | EB-3 India | Continued modest advancement |
What does unavailable mean for a pending I-485 application?
An unavailable category means USCIS cannot approve any EB-2 India adjustment of status application for the rest of the fiscal year, no matter how early the priority date is. Pending cases stay on file, but final approval and any related benefits tied to approval are on hold.
Applicants who already filed Form I-485 do not need to refile. USCIS continues to accept and process supporting evidence, but it cannot issue a decision on the underlying green card while the category is unavailable.
This differs from EB-2 China, where the final action date is frozen but applicants with sufficiently early priority dates remain eligible for approval. EB-2 India offers no such exception right now, since the entire category has no numbers left.
When will EB-2 India reopen?
EB-2 India is expected to reopen in the October 2026 Visa Bulletin, when fiscal year 2027 begins and a new annual allocation of visa numbers becomes available.
Each fiscal year resets the per country visa allocation on October 1. Categories that were unavailable at the end of one fiscal year typically return to a dated status in the following October bulletin.
The final action date India returns to in October is not guaranteed to match where it stood in June 2026. High demand carried over from this fiscal year could mean the category opens at an earlier or similarly limited date rather than moving forward.
Does filing my I-140 now still make sense if EB-2 India is unavailable?
Yes. The priority date locks in at the time the I-140 is properly filed, not when a visa number becomes available. Filing now secures your place in line for when the category reopens in October.
USCIS continues to accept and adjudicate Form I-140 petitions even while EB-2 India is unavailable for adjustment of status. Petition approval and visa number availability are two separate steps.
Waiting for the category to reopen before filing the I-140 only delays your priority date. An applicant who files in September receives a September priority date, which is earlier than an applicant who waits until October.
What should EB-2 India applicants do right now?
Prepare now so you are ready to file or receive approval the moment the category reopens in October 2026. Waiting until the bulletin changes to start gathering documents risks missing the earliest possible filing window.
Applicants with a pending I-485 should confirm their medical exam and other time sensitive documents will still be valid in October. Applicants who have not yet filed the I-140 should finish that petition now, since the priority date locks in at filing regardless of category status.
Confirm your I-140 is filed or ready to file immediately
Check that your medical exam and other supporting evidence will still be valid in October
Ask your attorney whether EB-1A or O-1A is a realistic alternative given the length of the EB-2 India wait
Watch the October 2026 Visa Bulletin closely for the reopening date
Frequently Asked Questions
Q: What does "unavailable" mean on the Visa Bulletin?
A: It means USCIS has no visa numbers left to approve green cards in that category for the rest of the fiscal year, regardless of an applicant's priority date.
Q: When did EB-2 India become unavailable?
A: The category became effectively unavailable on May 22, 2026, when the State Department announced India had reached its annual EB-2 limit. The Visa Bulletin first showed a "U" in July 2026, after a final action date of September 1, 2013 in June 2026, and it remained unavailable in August 2026.
Q: Why did India reach its EB-2 cap so early in fiscal year 2026?
A: The State Department announced on May 21, 2026 that India had reached its full annual EB-2 allocation, driven by demand that has exceeded the statutory 7 percent per country limit for years.
Q: Will my pending I-485 be denied because EB-2 India is unavailable?
A: No. Pending cases stay on file. USCIS simply cannot approve them until a visa number becomes available again.
Q: When will EB-2 India reopen?
A: The category is expected to return to a dated status in the October 2026 Visa Bulletin, when fiscal year 2027 begins.
Q: Should I still file my I-140 while EB-2 India is unavailable?
A: Yes. The priority date locks in at filing, not at approval, so filing now protects your place in line for when the category reopens.
Q: Is EB-1A or O-1A a faster option than waiting on EB-2 India?
A: For some applicants, yes, since neither category carries the same length of backlog. Whether either fits your case depends on meeting the extraordinary ability standard.
Additional Links
U.S. Department of State, Visa Bulletin : https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
USCIS, Adjustment of Status Filing Charts : https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
USCIS, Employment-Based Immigration: Second Preference EB-2 : https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
