Key Takeaways
- What happened: The yearly EB-2 cap for India has been hit. No new EB-2 visas will go out to Indian-born applicants for the rest of FY 2026.
- Who's affected: Anyone with an EB-2 case tied to India, whether through adjustment of status or consular processing.
- Timing: The cap resets on October 1, 2026, the first day of FY 2027. Visas can go out again for people with current priority dates.
- Attorney involvement: Legal help matters if you want to switch categories, your priority date is current, or you have a time-sensitive travel or work issue. Get in touch with Ellis to walk through your options.
On May 22, 2026, the U.S. State Department and USCIS announced that all immigrant visas in the Employment-Based Second Preference (EB-2) category for applicants from India have been used up for fiscal year 2026. Visa issuance is paused for the rest of the year and won't pick back up until October 1, 2026.
For Indian professionals waiting in the green card backlog, this means a four-month freeze on final approvals. Below, we break down why this happened, what it means for your pending case, and when the process picks back up.
Why has the limit been reached?
The pause comes from caps set by Congress in the Immigration and Nationality Act (INA). Two limits matter here.
The worldwide category limit. Under INA §203(b)(2), the yearly EB-2 cap is set at 28.6 percent of the total worldwide employment-based limit.
The per-country cap. Under INA §202(a)(2), no single country can get more than 7 percent of all employment-based and family-based visas in a year.
Because demand from Indian professionals is much higher than the 7 percent share, the FY 2026 supply ran out before the fiscal year ended.
What does this mean for Indian EB-2 applicants?
The impact depends on where you are in the process.
1. Consular processing and embassy interviews
U.S. embassies and consulates can't issue any more EB-2 visas to Indian applicants for the rest of FY 2026. If your interview is already scheduled, it may still go ahead to confirm your eligibility, but the consular officer can't grant the actual visa until new numbers open up in October.
2. Adjustment of status (Form I-485)
If you're inside the U.S. and filed Form I-485, USCIS can't approve EB-2 India cases for the rest of the fiscal year. Your case stays in line. It just can't get its final stamp.
A note on side benefits: Even though green card approvals are paused, USCIS will keep accepting and processing applications for Employment Authorization Documents (EADs) and Advance Parole (travel permits), as long as your priority date stays current for filing. Renew EADs and APs as normal. Don't wait.
When will EB-2 visa issuance resume?
The pause is temporary. Yearly visa limits are required by law to reset when the new fiscal year starts. That happens on October 1, 2026, the first day of FY 2027.
On October 1, the State Department and USCIS get a fresh batch of visa numbers. Embassies, consulates, and USCIS field offices can pick back up with EB-2 visas and I-485 approvals for Indian applicants whose priority dates are current.
Whether your specific case moves in October depends on the Visa Bulletin. Watch the July, August, and September bulletins for hints on how Dates for Filing and Final Action Dates may shift before the reset. In recent years, EB-2 India cutoff dates have moved backward at the start of a new fiscal year before slowly inching forward. Don't count on October 1 meaning a fast approval.
What are the strategic next steps?
For many applicants, the answer is wait. The cap is set by law and there's no workaround for the next four months. A few situations are worth checking with an immigration attorney.
Situation | Possible action |
|---|---|
You qualify for EB-1 (extraordinary ability, outstanding researcher, or multinational executive) | Consider switching. EB-1 India is also backlogged but moves on a different timeline. (Please note that EB-1 cases are under very strict government scrutiny right now). |
You have a spouse born outside India | Check if cross-chargeability applies. It can move your case to a faster country. |
You're nearing the H-1B 6-year limit | Make sure your I-140 approval and H-1B extension plan line up so you keep status. |
You're thinking about a job change | Check that portability applies and protect your priority date. |
Your EAD or Advance Parole is about to expire | File renewals early. Processing times have gotten longer. |
You have a child close to aging out | Run the Child Status Protection Act (CSPA) math carefully. Talk to an attorney. |
The cap doesn't undo your I-140 approval. It doesn't cancel earlier steps. It only pauses the final visa.
Will FY 2027 be better for EB-2 India?
Probably not by much. The structural problem is that Indian demand far outpaces the 7 percent per-country share. Extra numbers can flow in from unused EB-1 visas and unused family-based visas, but in recent years that hasn't been enough to clear the backlog.
Some estimates put the current EB-2 India wait at decades for many applicants. Hitting the yearly cap mid-year is now expected, not a rare event. A real fix would need new laws from Congress.
Final tips
A few things to keep in mind during the FY 2026 freeze:
- Watch the Visa Bulletin closely. The July, August, and September bulletins will hint at how Dates for Filing and Final Action Dates may shift heading into October.
- Keep your nonimmigrant status valid. If you're on H-1B, L-1, or another status, file extensions on time. The cap doesn't change your status rules.
- Renew EADs and APs early. USCIS keeps processing these even during the cap freeze. Don't wait until the last month.
- Check your priority date and country. Pull out your I-140 approval notice and double-check both. Cross-chargeability errors are common.
- Save the announcement. Keep the May 22 State Department notice with your records in case anyone later asks why your case stalled.
Affected by the EB-2 India cap?
Ellis can review your case, check if cross-chargeability or a category switch is an option, and help you protect your status during the freeze. Book a consultation to talk through your options.
The information in this article is for general guidance only and is not legal advice.
