The EB-2 employment-based green card category for Indian nationals has hit a critical wall: EB-2 India is immediately unavailable for immigrant visa issuance and adjustment approval through September 30, 2026. This means no new I-485 applications will be approved, and consulates cannot issue immigrant visas in this category until the fiscal year resets. If you represent Indian clients pursuing EB-2 sponsorship, your filing and advisory strategy just changed.
What changed
The State Department warned that due to continuing increased demand and usage, immigrant visa annual limits in several employment-based categories could be exhausted in the coming months. That warning has materialized for EB-2 India effective immediately. The exhaustion follows India’s EB-1 category retrogressing by nearly three and a half months, while EB-2 moved back by more than ten months in the June 2026 Visa Bulletin.
The shutdown is a direct consequence of the per-country cap. The backlog is so severe because there is a cap on the total number of employment-based green cards a country can receive, regardless of how many applicants come from that country. The total number of EB visas available worldwide for 2026 is 140,000. With the 7% cap, India has approximately 9,800 visas shared across the EB-1, EB-2, and EB-3 categories.
Annual immigrant visa limits will reset with the start of the FY 2027 fiscal year on October 1, 2026. At that point, USCIS will be able to resume approving adjustment of status cases and embassies and consulates will be able to resume issuing immigrant visas in the EB-2 India category.
Why it matters
Filing freeze. If you have an Indian EB-2 beneficiary whose priority date is current or nearly current, you cannot file or approve an I-485 adjustment of status application until October 1, 2026. Consulates are likewise unable to issue immigrant visas. Any filing attempt will likely be rejected or stuck in processing limbo.
Limited relief expected ahead. Because worldwide demand is now fully utilizing employment-based quotas, India EB-2 and EB-3 categories are likely to see extremely limited forward movement in FY 2027. Practitioners should not assume a flood of approvals on October 1.
Downgrade or alternative pathways. The EB-3 Final Action Date is 15 December 2013, which is a 3-month gap compared to EB-2. Meaning, if your priority date falls between 01 September and 15 December 2013, you can file your adjustment of status (Form I-185) under EB-3 now. The good news is that you can keep your existing EB-2 priority date if you downgrade to an EB-3. For many Indian nationals, EB-5 immigrant investor processing — particularly concurrent filing under the reserved categories — remains one of the few viable pathways that is still current.
Way forward
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Freeze outbound communication to clients. Confirm immediately with any Indian EB-2 beneficiaries that the category is now unavailable through September 30, 2026. Do not promise or plan a filing date before October 1.
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Review downgrade and alternative options now. If a client has a priority date in the current EB-3 window, evaluate downgrade strategy. If assets or family sponsors are available, explore EB-5 concurrent filing or family-based sponsorship as parallel tracks.
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Document the beneficiary’s current status. For clients already in the U.S. on work authorization (H-1B, L-1, etc.), confirm EAD and travel document status. Expiration dates may matter if the adjustment gets delayed further.
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Mark your calendar for October 1, 2026. Even though FY 2027 allocation will be limited, you should be prepared to file immediately on October 1 if your client’s priority date is current in the State Department Visa Bulletin.
Disclaimer
This article is informational only and does not constitute legal advice. Folaform is a software company, not a law firm. Immigration law is complex and fact-specific; do not rely on this summary alone to make filing or advisory decisions. Verify all priority dates, category eligibility, and current processing rules against the State Department Visa Bulletin and the USCIS website. Policy and priority dates can change without notice. Consult a licensed immigration attorney in your jurisdiction before filing any petition or adjustment of status application.