The US has issued a fresh warning that employment-based first-preference (EB-1) green cards to Indian applicants may not be available before the end of the fiscal year on September 30. It adds to the waiting list of Indian professionals waiting for permanent residency in the US.
The alert was included in the U.S. State Department's September 2026 Visa Bulletin. Strong demand and the high number of visa applications from people chargeable to India could push the EB-1 category toward its annual limit in the coming weeks, the Department said.
It said that if India's prorated limit in the EB-1 category is met before the fiscal year ends, the category may have to be made unavailable. The situation will be monitored, and adjustments will be made as necessary.
What is the EB-1 Green Card category?
EB-1 is an employment-based immigrant visa category for some priority workers. It includes people with extraordinary ability in science, education, business, arts, or athletics. The category also includes the world’s best professors and researchers, and some multinational executives and managers.
For highly skilled Indian professionals, EB-1 can be an important route to permanent residency because other employment-based categories have developed substantial backlogs.
But even EB-1 applicants from India are still facing significant delays because the number of employment-based immigrant visas that are available to the US each year is limited by US immigration law.
EB-1 India Final Action Date
For September 2026, the EB-1 India final action date is October 15, 2022.
In general, an applicant's priority date must be earlier than the applicable final action date for a visa number to be available for final approval, assuming all other immigration requirements are met.
The cutoff date is therefore closely watched by Indian applicants who are waiting for their green card cases to be eligible for final action.
EB-2 India Is Already Unavailable
The pressure on Indian employment-based applicants extends beyond EB-1. India’s EB-2 category is listed as U in the September Visa Bulletin.
Generally, the EB-2 category covers high-level professionals and individuals who are of exceptional ability. A U designation means visa numbers are not authorised for issuance in this category when they are applicable.
The development highlights the larger challenges facing Indian professionals seeking US permanent residency through employment-based immigration.
EB-3 India continues to suffer
The EB-3 category is another major concern for Indian applicants. This category comprises skilled workers, professionals, and certain other workers, and India's queue remains extremely backlogged.
And for Indian professionals and their families, especially those who have spent years in the US on temporary employment visas while waiting for permanent residency too, the long waiting period has become a major issue.
EB-5 Also Faces Constraints
India’s unreserved EB-5 investor category is also unavailable for final action in September. However, some EB-5 set-aside categories remain current for applicants from all countries.
These are projects in rural areas, high unemployment areas, and infrastructure projects.
Filing Dates Provide Some Relief
Even though final-action dates determine when immigrant visas will be issued in most cases and/or green cards approved, filing dates can provide applicants with an earlier chance to submit some applications.
For September 2026, India's dates for filing are December 1, 2023 for EB-1 and January 15, 2015 for both EB-2 and EB-3.
Applicants for adjustment of status from within the US should also check which Visa Bulletin chart the US Citizenship and Immigration Services has authorised for use during the relevant month.
Why are Indian Applicants Facing Long Waits?
The issue is a combination of demand and statutory limits on employment-based immigrant visas. India has a huge pool of highly skilled professionals seeking permanent residency through employment-based routes, but annual and per-country limits restrict the number of green cards that can be issued.
The EB-1 warning thus shows how quickly visa availability can change near the end of a fiscal year.
And for Indian applicants the situation makes monitoring Visa Bulletin updates increasingly important for visa Bulletin updates. People with pending or prospective green-card applications should closely monitor what can be done to evaluate their situation with genuine immigration professionals to make sure they are in control of their situation, keep track of USCIS instructions and State Department updates, and follow up on the immigration and State Department guidelines.
The September warning does not mean every Indian EB-1 applicant will immediately lose eligibility. Rather, it signals that visa numbers could run out if demand causes India’s allocated numbers to be exhausted before September 30. The outcome will depend on actual visa usage and any adjustments made by the US authorities before the fiscal year closes.
