EB-1 Green Cards for Indians Could Soon Become Unavailable, US State Department Warns

The United States State Department has cautioned that employment-based first-preference (EB-1) green cards for Indian nationals could become temporarily unavailable in the coming weeks. High demand and rapid visa consumption under India's annual allocation threaten to exhaust available slots before the U.S. fiscal year ends on September 30.

Demand Surge Risks Exhausting Annual Quota

According to the State Department’s September Visa Bulletin, substantial usage by individuals chargeable to India in the EB-1 tier has brought the country dangerously close to its statutory pro-rated limit. If the cap is reached before October 1—the start of the new U.S. fiscal year—the administration will temporarily classify the EB-1 category for India as unavailable. Officials noted that the situation is under continuous monitoring, and adjustments will be implemented if visa numbers run out. US Green Card Wait Time: Indians Face Potential 179-Year Delay in EB-2 Category.

Priority Categories Under Increasing Strain

The EB-1 visa tier is reserved for high-priority professionals, including individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives. For years, it served as a key path for highly skilled Indian professionals seeking permanent residency without the multi-decade wait times seen in other categories.

For September, the final action date for EB-1 India remains fixed at October 15, 2022. This means only applicants who filed their petitions before that date are currently eligible for final visa issuance or adjustment of status.

Worsening Backlogs Across Other Employment Pathways

The potential freeze on EB-1 visas comes amid existing restrictions in other employment-based streams for Indian nationals:

• EB-2 (Advanced Degrees & Exceptional Ability): Listed as "Unavailable" ("U") in the September Visa Bulletin, continuing a pause that began in August.

• EB-3 (Skilled Workers & Professionals): Faces a backlog extending over 12 years, with a final action date of January 1, 2014.

• EB-5 (Unreserved Investor Visas): Remains unavailable for final action for Indian applicants during September, though specific set-aside categories (rural, high-unemployment, and infrastructure) remain open globally. H-1B Visa: US Clears Plan To Scrap 60-Day Grace Period – What It Means for Indian Workers.

Statutory Caps Drive Ongoing Delays

The congestion across Indian employment-based green cards stems from statutory limits set by U.S. immigration law. The worldwide employment-based preference limit for fiscal year 2026 is capped at 186,317 visas, with no single country permitted to receive more than 7% of the total allocation across preference streams.

Given the large volume of Indian tech professionals and foreign workers applying relative to the 7% cap, demand consistently outstrips supply, pushing wait times and risk of fiscal year-end category freezes higher each year.

(The above story first appeared on LatestLY on Sep 03, 2026 01:50 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).