US Department of State Warns EB-1 Green Card Category for India May Become Unavailable

EB-1 category includes priority worker and aliens with extraordinary ability in the sciences, arts, education, business, or athletics; Outstanding professors and researchers; or Certain multinational managers and executives.

The US Department of State has warned that the Employment-Based First Preference (EB-1) Green Card category for India could become unavailable in the coming weeks due to high demand. In its August 2026 Visa Bulletin, the department said high demand and visa use by applicants chargeable to India could result in the country reaching its pro-rated EB-1 limit before the fiscal year ends on September 30. If that happens, the category may have to be made unavailable, temporarily stopping further visa numbers from being issued under the category. The department said it will continue monitoring the situation and make adjustments if required.

What 'unavailable' would mean for Indian EB-1 applicants

The Visa Bulletin uses “U” to indicate that a category is “unauthorized,” meaning immigrant visa numbers are not authorised for issuance. The Department of State explained that if an annual limit is reached, the affected preference category must immediately be made “unavailable,” and no further requests for visa numbers can be honoured. The warning does not mean that India's EB-1 category has already become unavailable. As of the August 2026 Visa Bulletin, the category continues to have a Final Action Date of October 15, 2022. The department is warning that its status could change in the coming weeks if India's allocation is exhausted.

India EB-1 Green Card final action date at October 15, 2022

For August 2026, the Final Action Date for India under the EB-1 category is October 15, 2022. This means visa numbers are authorised for qualified applicants whose priority dates are earlier than the listed date. The Dates for Filing chart, meanwhile, lists December 1, 2023, for EB-1 applicants from India. The situation is different for several other countries. The EB-1 category remains "current" for most countries, including Mexico and the Philippines, while the Final Action Date for mainland China is July 1, 2023. The Department of State specifically highlighted India in a separate section of its August Visa Bulletin. “High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends,” it said. “This situation will be continually monitored, and any necessary adjustments will be made accordingly,” the department added.

EB-2 India is already unavailable in August

Indian Green Card applicants also face restrictions in the Employment-Based Second Preference, or EB-2, category. The August Visa Bulletin lists India's EB-2 Final Action Date as “U,” meaning unavailable. However, the Dates for Filing chart lists January 15, 2015, for India under EB-2.