EB-2 India Is Gone Until October. Here's Your Playbook for the Next 95 Days

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June 27, 2026 | United States | Green Card | India | Employment-Based Immigration

EB-2 India is officially unavailable for the rest of FY2026. No green cards until October 1. Here's exactly what to do — and what not to do — if you're an Indian H-1B professional waiting in line.

EB-2 India unavailable 2026 what to do H-1B green card options

If you've been watching the Visa Bulletin every month the way most Indians in America watch it — with the same mix of hope and dread that comes from waiting years for a number to move — July 2026 delivered the news nobody wanted to see.

EB-2 India: Unavailable.

Not retrogressed. Not slightly moved back. Unavailable — the harder designation, the one that means no green card approvals in this category for any Indian applicant, regardless of how old your priority date is, until the fiscal year resets on October 1, 2026.

And EB-5 Unreserved India? Also unavailable. And EB-1 India? Moved backward again, from December 15, 2022 to October 15, 2022, with the State Department warning that further retrogression may still come before September 30.

For the hundreds of thousands of Indian professionals who have built careers, raised families, bought homes, and paid taxes in the United States while waiting in one of the longest immigration queues in the world, this is not an abstract bureaucratic development. It is a concrete setback with concrete consequences that require concrete responses.

This article gives you both: what happened, and what to do about it in the next 95 days before the fiscal year resets.

What "Unavailable" Actually Means — And How It's Different From Retrogression

Most Indian green card applicants know the pain of retrogression — when a priority date moves backward, pushing you further from the finish line. Retrogression is bad. Unavailability is worse.

The difference matters:

Status	What it means	Who is affected
Current	Visas available; priority date is not a barrier	All applicants in this category can proceed
Has a date (e.g., Sep 1, 2013)	Visas available only to applicants with priority dates before that date	Applicants with earlier dates can proceed; others wait
Retrogressed	Date moved backward from prior month	Some who could file before now cannot; waiting resumes
Unavailable ("U")	Annual quota fully consumed; no visas available at all	Zero applicants in this category can receive a visa number, regardless of priority date

Unavailability means India's pro-rated share of EB-2 visa numbers within the FY2026 annual cap has been completely used up. The government ran out. There is no mechanism to replenish mid-year. Every EB-2 India case — approved I-140, pending I-485, consular case, everything — sits frozen until October 1, 2026, when the FY2027 allocation begins.

For EB-5 Unreserved India, the same situation applies for the same reason.

How Did We Get Here? The Real Explanation

The standard explanation you'll hear is "too much demand." That's true as far as it goes, but it misses the structural reason why this keeps happening to India specifically.

U.S. immigration law caps employment-based green cards at approximately 140,000 per year. Within that cap, no single country can receive more than 7% of total numbers — regardless of how many qualified applicants that country has. For fiscal year 2026, India's pro-rated share of EB-2 numbers works out to roughly 9,800 visas. The number of Indian professionals waiting in the EB-2 queue — with approved I-140 petitions, qualifying jobs, no disqualifying factors — runs into the hundreds of thousands.

The math is not close. The queue is not decades long because Indian applicants did anything wrong. It's decades long because the law allocates the same numerical ceiling to India — a country that sends hundreds of thousands of highly skilled workers to the United States every year — as it does to Iceland.

The post-pandemic period made this worse in a specific way. Between 2021 and 2023, unused family-based visa numbers were added to the employment-based pool, creating a temporary windfall that accelerated priority dates dramatically for EB-2 India. Applicants who saw their dates surge forward during that period understandably filed in large numbers. That surge in filings, combined with the return to normal annual limits, is exactly what depleted this year's allocation faster than usual — running out in May rather than the more typical September.

The July 2026 Visa Bulletin: Full Picture for India

Category	June 2026 Final Action Date	July 2026 Final Action Date	Change
EB-1 India	December 15, 2022	October 15, 2022	⬇️ Retrogressed 2 months
EB-2 India	September 1, 2013	Unavailable	🚫 Quota exhausted
EB-3 India (skilled/professional)	December 15, 2013	January 1, 2014	⬆️ Advanced slightly
EB-3 India (other workers)	December 15, 2013	January 1, 2014	⬆️ Advanced slightly
EB-4 India	July 15, 2022	September 15, 2022	⬆️ Advanced 2 months
EB-5 Unreserved India	May 1, 2022	Unavailable	🚫 Quota exhausted
EB-5 Set-Aside (Rural/High Unemployment/Infrastructure)	Current	Current	✅ No change — still current for all countries including India

The one category that is genuinely good news: EB-3 India advanced. And the EB-5 set-aside categories — Rural, High Unemployment Area, and Infrastructure — remain current for every country including India. These are the two areas with real strategic implications for applicants right now.

Your 95-Day Playbook: What to Do Before October 1

The period between now and October 1 is not wasted time. It's preparation time. Here is what to focus on, in order of urgency.

Step 1: Do Not Let Your Status Lapse — This Is Non-Negotiable

The single most important thing for any Indian professional in the EB-2 queue is maintaining continuous lawful nonimmigrant status without interruption. For most people, that means H-1B. The unavailability of EB-2 numbers does not affect your nonimmigrant status — your H-1B extensions continue, your ability to work continues, your pending I-485 (if filed) continues to protect you.

But status lapses can be catastrophic and irreversible. Work with your employer's immigration counsel now to confirm:

When your current H-1B extension expires
Whether a new extension needs to be filed before October
Whether your I-140 has been approved for at least 365 days (which unlocks three-year H-1B extensions under AC21)

Step 2: Evaluate the EB-3 Downgrade — But Carefully

With EB-2 India unavailable and EB-3 India at January 1, 2014 and advancing, some applicants with priority dates in the 2013-2015 range are looking at an EB-3 downgrade as a faster path.

Here is how it works: your employer files a new Form I-140 in the EB-3 category using your existing PERM Labor Certification. You retain your original EB-2 priority date. If EB-3 India dates are more favorable, you file your I-485 under EB-3.

The catch: when large numbers of applicants downgrade simultaneously, EB-3 India dates tend to retrogress rapidly in response. This happened before and it will happen again. The question is whether your priority date can be captured before that retrogression hits.

You should consider EB-3 downgrade if:	You should NOT rush the EB-3 downgrade if:
Your priority date is between Sept 1, 2013 and Jan 1, 2014	Your priority date is after January 2015 — EB-3 won't help yet
Your employer is willing to refile	Your employer is unwilling or unable to support refiling
You have an immigration attorney who can move quickly	You're considering it based on social media advice alone
You want the flexibility of having both EB-2 and EB-3 I-140s approved	EB-3 dates are likely to retrogress before your case can be approved

Step 3: Get Your Documents Ready for October 1

October 1 is the date the new fiscal year begins and fresh EB-2 visa numbers become available. The State Department has said EB-2 India should advance in October to at least the May 2026 Final Action Date — September 1, 2013 — and likely further, though the exact date depends on demand and FY2027 allocation.

If your priority date was current or close to current before the unavailability hit, you need to be documentarily ready to file or advance your case the moment numbers open. That means:

Confirming your I-140 is approved and in order
Ensuring your medical exam (Form I-693) is not expired or near expiry
Having your civil documents (birth certificate, marriage certificate, police clearances) current and translated
Confirming your employer's continued support for sponsorship

Do not wait until September 30 to start this. Processing times for any individual component can exceed three weeks.

Step 4: Honestly Evaluate EB-1A

This is the advice that most people resist — and that immigration lawyers keep giving anyway, because it works for more people than expect it to.

EB-1A is for individuals of extraordinary ability. That sounds like it means Nobel Prize winners and Olympic athletes. It doesn't. The legal standard is met by demonstrating exceptional recognition in your field through evidence such as published work with significant citations, judging the work of others, leading roles in distinguished organizations, high salary relative to peers, media coverage of your work, or major prizes.

Many senior engineers, researchers, data scientists, and technical leaders at major technology companies qualify for EB-1A without realizing it. The advantages are significant: no employer sponsorship required, no PERM labor certification, no employer dependency, and a priority date queue that — even after retrogression — moves dramatically faster than EB-2 India.

If you've been in your field for 7 or more years and hold a leadership or specialized role, get an honest evaluation from an immigration attorney before dismissing EB-1A as out of reach.

Step 5: Consider the NIW if You Don't Have Employer Sponsorship

The National Interest Waiver allows EB-2 applicants to self-petition without employer sponsorship or PERM labor certification, if their work serves the national interest of the United States. The legal standard established in Matter of Dhanasar requires demonstrating that your work is in a field of substantial merit and national importance, that you are well positioned to advance it, and that waiving the normal job offer requirement would benefit the U.S.

NIW does not help you escape the EB-2 India queue — you're still in the same line. But it removes employer dependency, which matters enormously for people considering a job change, those who work in startups or smaller companies without immigration infrastructure, or those whose employers are unwilling to maintain PERM sponsorship through a decade-long wait.

Step 6: If You Qualify, Look Hard at EB-5 Set-Aside

The three EB-5 set-aside categories — Rural Area investments (20% of EB-5 numbers), High Unemployment Area investments (10%), and Infrastructure projects (2%) — remain current for every country including India. These are distinct from the general EB-5 unreserved category, which is also now unavailable for India.

The minimum investment for EB-5 set-aside projects is $1,050,000 in targeted employment areas and $1,050,000 in rural areas. For Indian professionals at the senior levels who have been waiting 15-plus years for a green card, the investment calculation is different than it was at the start of their careers. This is not the right path for most applicants — but for high-earning professionals with significant assets, it is worth a serious conversation with an immigration attorney, not dismissal.

What Happens to My Pending I-485?

If you already filed Form I-485 (Adjustment of Status) when your priority date was current, your case is not abandoned. It remains pending. USCIS cannot approve it until your priority date is current again — but they can and will continue processing other aspects of your case, including:

Renewing your Employment Authorization Document (EAD)
Renewing your Advance Parole travel document
Conducting background checks
Requesting additional evidence if needed

The benefits tied to your pending I-485 — EAD, Advance Parole, AC21 portability after 180 days — remain intact. Continue renewing them before they expire. Do not assume that unavailability affects anything other than the final approval of your green card.

What Happens on October 1?

The good news is that October 1 brings a genuine reset. A new annual allocation of employment-based visa numbers opens, and EB-2 India dates are expected to advance meaningfully — to at least September 2013 (the May 2026 Final Action Date) and possibly further depending on FY2027 demand dynamics.

The less-good news: "at least September 2013" may not be where your priority date is. And the demand that exhausted this year's quota in May rather than September doesn't disappear — it rolls into FY2027, which means the October reset will see heavy immediate demand.

The pattern from previous years suggests that October brings a burst of movement, followed by rapid deceleration as the new allocation gets absorbed. If your priority date is anywhere near the expected October cutoff, being ready to file immediately — not two weeks into October, immediately — matters.

FAQ

Does EB-2 unavailability affect my H-1B status? No. Your H-1B extensions continue independently. The unavailability affects immigrant visa number allocation only. You can still extend H-1B in three-year increments if your I-140 has been approved for at least 365 days under AC21.

Can I still file I-140 during the unavailability period? Yes. I-140 petitions can be filed and approved regardless of visa number availability. Unavailability only blocks the final step — visa issuance or I-485 approval.

What if my I-485 was already pending when unavailability hit? Your case remains pending. USCIS will not approve it until numbers are available again, but all interim benefits (EAD, Advance Parole) continue. Keep renewing them before expiry.

When exactly will EB-2 India become available again? October 1, 2026, when FY2027 begins. The State Department has indicated the Final Action Date will advance to at least the May 2026 date (September 1, 2013) in October, but exact movement depends on FY2027 demand.

Should I downgrade to EB-3 right now? Only if your priority date falls in the window where EB-3 is currently more favorable and your employer can refile quickly. Mass downgrades tend to retrogress EB-3 India rapidly. Consult an immigration attorney before acting — this is not a decision to make based on online forums.

What if I change employers while waiting? If your I-485 has been pending for 180 days or more and your I-140 is approved, you can change employers under AC21 portability as long as the new position is in the same or similar occupational classification. This protection remains fully intact during the unavailability period.

Editorial Opinion — The Immigrants

There is a version of this story that frames the EB-2 India unavailability as a technical Visa Bulletin matter — a quota issue, a numbers problem, a temporary administrative pause that will resolve itself in October.

That framing is accurate and entirely inadequate.

What is actually happening is that the United States has built an immigration system that treats India — a country whose professionals account for 71% of H-1B approvals and form the backbone of the American technology, healthcare, and research sectors — as if it were a country of 1.4 million rather than 1.4 billion. The per-country cap that creates this backlog was designed for a world where no single country's workforce was systematically embedded in the U.S. high-skill economy. That world no longer exists.

The people waiting in the EB-2 India queue are not applicants who just arrived. They are engineers who have been at the same company for 12 years, waiting for a queue that moves months per decade. They are researchers who received their PhDs from American universities, whose work contributes to American institutions, who pay American taxes and own American homes and whose children are American citizens — while they themselves cannot change jobs freely, cannot start companies without losing their place in line, cannot take a sabbatical without navigating complex international travel rules.

The October reset will come. Numbers will open. Dates will advance. And the same structural problem will re-emerge, because the underlying law hasn't changed and isn't scheduled to change.

The people waiting in this queue deserve more than a 95-day playbook. They deserve a Congress that addresses the country-cap system that has made their situation so absurd. That reform has been proposed, debated, and killed multiple times over the past fifteen years. The patience of the people waiting for it has outlasted every political cycle that promised to deliver it.

We're telling you what to do in the next 95 days because that's what's in your control. What should be in Congress's control is something else entirely.

Disclaimer

This article is for informational and journalistic purposes only and does not constitute legal advice. Visa Bulletin dates, eligibility requirements, and USCIS policies change frequently. EB-3 downgrade strategies, EB-1A eligibility assessments, NIW qualifications, and AC21 portability rules require case-specific legal analysis. Readers should consult a licensed U.S. immigration attorney before making any decisions based on this article. The Immigrants is not affiliated with any law firm, government agency, or immigration service provider.