The United States has cautioned that employment-based first-preference green cards for Indian nationals could face temporary unavailability within the coming weeks due to heavy demand, intensifying an already severe queue that has kept another primary category shut for applicants.
The US State Department, via its September Visa Bulletin, highlighted that elevated demand and substantial visa number usage by individuals chargeable to India in the EB-1 tier might exhaust the nation's specific allocation ahead of the conclusion of the American fiscal year on September 30.
The State Department said that high demand and number usage by individuals chargeable to India may necessitate making the visa 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 administration further noted, “This situation will be continually monitored, and any necessary adjustments will be made accordingly.”
The EB-1 tier represents the employment-based first-preference category, which caters to priority professionals, including individuals demonstrating extraordinary ability, renowned researchers and professors, alongside specific multinational executives and managers.
This warning carries substantial weight for Indian applicants, as various other employment-related green-card pathways remain heavily restricted.
For September, the final action date for EB-1 India stands at October 15, 2022. This indicates that an applicant generally requires a priority date preceding this cutoff for a visa number to become accessible for final issuance, subject to compliance with supplementary eligibility criteria.
Meanwhile, India's EB-2 category, which addresses professionals possessing advanced degrees alongside individuals with exceptional ability, is designated as “U” (unavailable) in the September bulletin.
The State Department clarifies that “U” signifies that visa numbers lack authorisation for issuance within that specific classification throughout the stated timeframe. This category remained unavailable through August and persists in that status for September.
Severe backlogs similarly affect the employment-based third-preference category. The EB-3 India final action date for September rests at January 1, 2014, reflecting a queue extending beyond twelve years.
For perspective, the EB-3 final action date is marked as September 1, 2024, for most countries not explicitly detailed in the bulletin, January 1, 2022, for mainland China, and August 1, 2023, for the Philippines.
Furthermore, India's unreserved EB-5 investor category remains unavailable for final action during September, though specific EB-5 set-aside allocations covering rural projects, high-unemployment zones, and infrastructure continue to remain current across all nations.
Filing dates present a slightly broader window compared to final-action thresholds.
Within the September dates-for-filing chart for India, December 1, 2023, is designated for EB-1, while January 15, 2015, applies to both EB-2 and EB-3.
Nevertheless, applicants pursuing adjustment of status domestically must verify which specific chart is authorised by US Citizenship and Immigration Services for use during a given month.
The mounting pressure on Indian employment-based applicants originates primarily from a combination of robust demand and strict statutory caps governing the total volume of employment-based immigrants permitted annually.
For the 2026 fiscal year, the State Department indicates a worldwide employment-based preference ceiling of 1,86,317, while American immigration legislation generally enforces a seven per cent per-country ceiling across family and employment-based preference streams, subject to adjustments via carryover provisions.
Source: ANI
-Agencies
