U.S. Warns EB-1 Green Cards for Indians May Become Unavailable Before Sept. 30

The U.S. Department of State has warned that EB-1 immigrant visas for applicants chargeable to India may become unavailable in the coming weeks if demand reaches India’s annual limit before the end of the fiscal year on September 30, 2026. The warning appears in the September 2026 Visa Bulletin, which is used by the State Department and U.S. Citizenship and Immigration Services to determine when green card applicants may move forward based on category, country of chargeability and priority date. For September 2026, the EB-1 final action date for India is listed as October 15, 2022. That means immigrant visas are authorized only for eligible EB-1 India applicants whose priority dates are earlier than that date, unless the category becomes unavailable sooner.

What the State Department Said

In the September Visa Bulletin, the State Department said high demand and visa-number use by applicants chargeable to India in the EB-1 category may make it necessary to mark the category “Unavailable” before the fiscal year ends. If that happens, no further immigrant visa numbers would be issued in EB-1 India for the remainder of fiscal year 2026. The annual limits reset when the new fiscal year begins on October 1, 2026. This does not mean EB-1 is permanently closed for India. It means the category could temporarily run out of available numbers for the current fiscal year.

Who Is Affected

EB-1 is the employment-based first preference green card category. It generally covers:

• Workers with extraordinary ability

• Outstanding professors and researchers

• Certain multinational managers and executives

The warning is especially relevant for Indian professionals whose EB-1 cases are already documentarily qualified, pending final action, or nearing approval through adjustment of status. Applicants with later priority dates are already waiting because India remains oversubscribed in the EB-1 category.

Other Employment Categories Are Also Under Pressure The September Visa Bulletin shows continued pressure across several employment-based categories for India.

The EB-2 category for India is listed as Unavailable in the final action chart. The State Department separately announced earlier that all available EB-2 immigrant visas for India had been used for fiscal year 2026. For EB-3 India, the September 2026 final action date is January 1, 2014, reflecting a long backlog for skilled workers and professionals. The EB-5 unreserved category for India is also listed as Unavailable, while certain EB-5 set-aside categories remain current.

Why Visa Numbers Run Out

U.S. immigration law limits the number of employment-based immigrant visas that may be issued each year. It also limits how many visas may go to applicants from any single country. When demand from a country and category exceeds the available annual allocation, the government uses final action dates to control visa issuance. If the limit is reached, the category may become unavailable until the next fiscal year. India faces especially long wait times because demand from Indian employment-based applicants is far higher than the number of green cards available each year under the current system.

What Applicants Should Do

Applicants should monitor the Visa Bulletin closely and review USCIS guidance on which chart may be used for adjustment of status filings. Those with current priority dates should respond promptly to any requests from USCIS, the National Visa Center or a U.S. consulate. Delays in submitting documents could matter if visa numbers become unavailable before September 30. Applicants should also understand that visa availability can change quickly near the end of a fiscal year. A category that is available early in the month may become unavailable later if the annual limit is reached.

Key Takeaway

The EB-1 India category remains available in the September 2026 Visa Bulletin for applicants with priority dates before October 15, 2022, but the State Department has warned that it may become unavailable before the end of the fiscal year. For Indian professionals waiting in the employment-based green card process, the notice is another reminder of how annual caps, per-country limits and high demand continue to shape immigration timelines.

Additional Reader Link:
State Department — India Per-Country Limit Reached in EB-2 Category: https://travel.state.gov/content/travel/en/News/visas-news/india-per-country-limit-reached-in-the-eb-2-category.html