Indian professionals waiting for a US green card through the EB-1 employment-based category could face another hurdle, with the US State Department warning that the visa category may run out of available numbers before the end of the current fiscal year, i.e. September 30.
The warning comes as demand from Indian applicants remains high. If the available allocation is exhausted, EB-1 visas for India could be marked “Unavailable” until the new fiscal year begins on October 1.
Why EB-1 is important for Indian professionals
The EB-1 category is part of the US employment-based immigration system and is reserved for certain high-priority workers. It covers people with extraordinary ability, outstanding professors and researchers, as well as eligible multinational executives and managers.
For Indian applicants who have been waiting years for permanent residency, movement in the EB-1 category is closely watched because the final action date determines when a green card application can actually be approved.
What if EB-1 becomes unavailable?
If the annual allocation for Indian applicants is exhausted before the end of September, EB-1 would temporarily stop being available for visa issuance or final green card approvals.
This does not mean that an applicant’s case is permanently rejected. Instead, applicants would generally have to wait until additional visa numbers become available under the new fiscal year’s allocation.
The State Department can also adjust cut-off dates depending on demand and the number of visas being used.
India faces per-country immigration Limit
The US immigration system also places a limit on the number of employment-based immigrant visas that can go to nationals of any one country.
For fiscal year 2026, the worldwide employment-based preference limit is listed at 186,317 visas. The per-country ceiling is generally set at 7 per cent, which works out to about 28,862 visas based on the figures cited by the State Department.
India’s large pool of employment-based applicants has contributed to long waiting periods in several categories.
Filing dates also matter
For September, the dates for filing chart lists December 1, 2023 for Indian EB-1 applicants.
For Indian applicants under EB-2 and EB-3, the applicable filing date is January 15, 2015.
However, a filing date becoming current does not by itself mean that a green card can immediately be approved. The final action date is the key date used to determine when an immigrant visa number is available for final action.
The State Department has warned that employment-based categories can be moved to “Unavailable” if the annual, category-specific or country-based limits are reached before the fiscal year closes.
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