US Warns EB-1 Green Card Category for Indians Could Become Unavailable Before September 30

Indian professionals seeking permanent residency in the United States face fresh uncertainty after the US State Department warned that the EB-1 employment-based green card category for Indians could become unavailable in the coming weeks if demand exhausts the country's allocated visa numbers before the end of the fiscal year.

The warning was issued in the State Department's September Visa Bulletin, which tracks the availability of immigrant visa numbers across employment- and family-based categories.

The department said increased demand and the number of EB-1 visa numbers being used by applicants chargeable to India could push the category to its annual limit before the US fiscal year ends on September 30.

The State Department said it would continue monitoring demand and make adjustments if necessary.

What is the EB-1 category?

EB-1 is the first preference among employment-based immigrant visas. It covers priority workers, including individuals with extraordinary ability, outstanding professors and researchers, as well as certain multinational executives and managers.

For September, the EB-1 India final action date is October 15, 2022. In general, applicants need a priority date earlier than the applicable cutoff date for their case to become eligible for final action, subject to other immigration requirements.

EB-2 India remains unavailable

The latest warning comes as Indian applicants are already facing severe restrictions in other employment-based categories.

The EB-2 India category, which includes professionals with advanced degrees and individuals with exceptional ability, is marked “U” or unavailable for September. It was also unavailable in August.

The State Department uses the “U” designation when immigrant visa numbers are not authorised for issuance in that category during the relevant period.

EB-3 backlog stretches more than a decade

Indian applicants in the EB-3 category are also facing an extensive backlog. The September final action date for EB-3 India is January 1, 2014, leaving the queue more than 12 years behind.

The disparity is significant when compared with other countries. The September EB-3 final action date is September 1, 2024 for most countries not separately listed, January 1, 2022 for mainland China and August 1, 2023 for the Philippines.

India's regular EB-5 investor category is also unavailable for final action in September. However, EB-5 visas reserved for rural projects, high-unemployment areas and infrastructure projects remain current for applicants from all countries.

Filing dates provide some relief

The dates for filing applications are more favourable than the final action dates.

For September, India's filing dates are:

• EB-1: December 1, 2023
• EB-2: January 15, 2015
• EB-3: January 15, 2015

However, applicants seeking adjustment of status from within the US must determine which chart the US Citizenship and Immigration Services (USCIS) has authorised for that particular month.

Why Indian applicants face long waits

The continuing backlog is largely linked to strong demand for employment-based immigration combined with statutory limits on the number of immigrant visas that can be issued each year.

For fiscal year 2026, the State Department has set the worldwide employment-based preference limit at 186,317 visas.

US immigration law also generally imposes a 7% per-country limit on family- and employment-based preference visas, although provisions allowing unused numbers to carry over between categories and countries can affect the final allocation.

With demand from Indian applicants remaining high, the latest EB-1 warning adds another layer of uncertainty for professionals who have already spent years waiting for US permanent residency.