US Warns EB-1 Green Cards Could Become Unavailable for Indians
Washington — Employment-based first-preference green cards could become unavailable for Indian applicants within weeks because of heavy demand, according to the U.S. State Department, adding to an already significant backlog across several employment-based immigration categories.
In its September Visa Bulletin, the State Department said demand for EB-1 immigrant visas among applicants chargeable to India could exhaust the country’s allocation before the federal fiscal year ends on Sept. 30.
“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,” the department said.
“This situation will be continually monitored, and any necessary adjustments will be made accordingly,” it added.
The EB-1 category covers priority workers, including individuals with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
For September, the EB-1 final action date for India is Oct. 15, 2022. In general, an applicant must have a priority date earlier than the listed cutoff for an immigrant visa number to be available for final action, subject to other eligibility requirements.
Other employment-based categories for Indian applicants face even longer delays.
India’s EB-2 category, which covers professionals with advanced degrees and individuals with exceptional ability, is listed as unavailable in the September bulletin. The category was also unavailable in August.
The EB-3 category remains severely backlogged, with a final action date of Jan. 1, 2014 for India. By comparison, the cutoff is Sept. 1, 2024 for most countries, Jan. 1, 2022 for mainland China and Aug. 1, 2023 for the Philippines.
India’s unreserved EB-5 investor category is also unavailable for final action in September. However, EB-5 set-aside categories for rural projects, high-unemployment areas and infrastructure investments remain current for all countries.
The September dates-for-filing chart provides somewhat later cutoffs for Indian applicants, listing Dec. 1, 2023 for EB-1 and Jan. 15, 2015 for both EB-2 and EB-3.
Applicants seeking adjustment of status within the United States must follow the filing chart authorized by U.S. Citizenship and Immigration Services for the applicable month.
The lengthy backlog for Indian applicants is driven by high demand combined with statutory limits on employment-based immigrant visas. The worldwide employment-based preference limit for fiscal 2026 is 186,317 visas, according to the State Department.
U.S. immigration law also generally limits each country to 7% of the annual family- and employment-based preference visa totals, although carryover and allocation rules can affect the number ultimately available. (Source: IANS)
