EB-2 Priority Date India Update as FY 2026 Visa Numbers Are Exhausted
The State Department announced on May 22, 2026, that the FY 2026 EB-2 immigrant visa allocation for applicants chargeable to India had been exhausted.
The May 22, 2026 announcement addressed the exhaustion of FY 2026 EB-2 immigrant visa numbers for applicants chargeable to India. This EB-2 visa news remains relevant for applicants tracking visa availability, while the September 2026 Visa Bulletin reflects the current status of EB-2 India. Applicants with an EB-2 priority date India case, the immediate result is clear. U.S. embassies and consulates cannot issue additional EB-2 immigrant visas to applicants chargeable to India for the rest of FY 2026. Read the State Department’s official announcement.
That does not mean the EB-2 category has ended. It also does not mean an approved Form I-140 petition has lost its value. The issue is visa-number availability, not petition validity.
Quick Answer
India has exhausted the EB-2 immigrant visa numbers available for FY 2026. Therefore, U.S. embassies and consulates cannot issue more EB-2 immigrant visas to applicants chargeable to India before September 30, 2026.
The annual numerical limits reset on October 1, 2026, when FY 2027 begins. However, this reset does not automatically make every priority date current, and visa availability will remain subject to the applicable Visa Bulletin. As of September 2026, EB-2 India is listed as ‘Unavailable’ for Final Action, while the Dates for Filing date is January 15, 2015. Applicants should review the applicable USCIS filing chart and the October 2026 Visa Bulletin for subsequent changes. See the official State Department announcement.
EB-2 India FY 2026: Key Facts
- Announcement date: May 22, 2026
- Affected category: Employment-Based Second Preference, or EB-2
- Affected applicants: Individuals chargeable to India
- Immediate effect: U.S. consulates cannot issue additional EB-2 immigrant visas during FY 2026
- FY 2026 ends: September 30, 2026
- FY 2027 begins: October 1, 2026
- What to watch: The monthly Visa Bulletin and USCIS adjustment-of-status guidance
Read the State Department’s official announcement.
What Does the EB-2 India Limit Mean?
EB-2 is an employment-based immigrant visa preference category. It generally covers professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business.
U.S. immigration law sets annual numerical limits for employment-based immigrant visas. It also imposes per-country limits on certain immigrant visa categories. INA § 202 addresses the per-country limitation. The worldwide EB-2 allocation appears in INA § 203(b)(2).
India has now used all EB-2 immigrant visa numbers available for FY 2026. Accordingly, no additional EB-2 immigrant visas can be issued through September 30, 2026, to applicants chargeable to India.
This is a central issue in the current EB-2 visa news affecting visa availability for India during FY 2026. The category itself remains in the law. Only the FY 2026 supply of visa numbers has run out.
What the EB-2 India Priority Date Means for Your Case
For consular-processing cases, U.S. embassies and consulates cannot issue another EB-2 immigrant visa to an applicant chargeable to India during the remainder of FY 2026. The State Department has indicated that visa issuance may resume in FY 2027, subject to visa availability, applicable priority dates, and the applicant meeting all eligibility requirements. Yet, the applicant must still meet all requirements and have a visa number available. See the State Department guidance.
For adjustment-of-status cases, visa-number availability also affects USCIS adjudications. An applicant may be permitted to file Form I-485 if the applicant’s priority date is eligible under the USCIS filing chart that applies for that month. However, USCIS generally cannot grant final adjustment-of-status approval unless an immigrant visa number is available.
Applicants should separate two questions:
- What happens to the I-140 petition? The annual limit does not automatically deny or revoke an approved Form I-140.
- Can the applicant complete the green card process now? An available immigrant visa number is generally required for final immigrant visa issuance or adjustment-of-status approval. However, whether an applicant may file Form I-485 depends on the applicable USCIS filing chart and the applicant’s priority dates.
USCIS explains that availability depends on the category, country of chargeability, demand, annual supply, and priority date. Review USCIS guidance on visa availability and priority dates.
The analysis may differ for applicants in the United States. Those seeking adjustment of status should review the monthly USCIS adjustment-of-status filing chart. USCIS decides whether applicants may use the Dates for Filing chart or Final Action Dates chart.
This distinction matters for people following EB-2 India developments. An approved petition may remain valid while the applicant waits for visa availability.
What Happens to EB-2 India After September 30, 2026?
The restriction lasts through September 30, 2026, the final day of FY 2026.
FY 2027 begins on October 1, 2026, and the annual employment-based visa limits reset at that point. Visa issuance may resume subject to visa availability, applicable priority dates, and the applicant’s eligibility. Read the State Department announcement.
However, the fiscal-year reset does not guarantee immediate progress for every applicant. The monthly Department of State Visa Bulletin will determine whether a particular priority date is current.
Future availability will depend on:
- The FY 2027 employment-based annual limit
- Demand in the EB-2 category
- The number of visas available to India
- The applicant’s priority date
- The processing route
Priority dates can move forward, remain unchanged, or retrogress. These movements depend on demand and available visa numbers. Review USCIS information about visa availability.
What Should EB-2 India Applicants Do?
Applicants should take practical steps while waiting:
- Monitor the Department of State Visa Bulletin each month.
- For adjustment-of-status applicants, USCIS determines whether the Dates for Filing chart or the Final Action Dates chart applies for a particular month. Applicants should review the applicable USCIS filing chart to determine whether their priority date is eligible for filing.USCIS adjustment-of-status filing charts.
- Confirm the priority date on the Form I-797 approval notice.
- Identify whether the case follows consular processing or adjustment of status.
- Treat priority-date forecasts with caution.
- Seek case-specific advice from qualified U.S. immigration counsel when needed.
Applicants with an EB-2 priority date India case must compare their priority date with the applicable Visa Bulletin. A visa number must generally be available before the final step toward permanent residence can occur. See USCIS guidance.
Looking Ahead
The EB-2 India annual limit is a visa-number issue. It does not end the EB-2 pathway or automatically cancel approved I-140 petitions.
FY 2027 begins on October 1, 2026. U.S. consulates may then issue EB-2 immigrant visas to qualified applicants, subject to visa availability and priority-date requirements. Read the State Department announcement.
For anyone tracking an EB-2 priority date India case, the next step is to follow the Visa Bulletin and verify USCIS filing guidance. Applicants should avoid assumptions about future priority-date movement.
Applicants should rely on the U.S. Department of State, USCIS, and, when relevant, the National Visa Center. Applicants should rely on the latest guidance from the U.S. Department of State and USCIS when evaluating visa availability, priority-date movement, and filing eligibility.
Disclaimer: This article provides general information only. It is not legal advice and does not create an attorney-client relationship. Immigration outcomes depend on individual facts, applicable law, agency guidance, and visa availability. Those seeking general guidance on the EB-2 process, priority-date tracking, or next-step planning may also contact Ascend to better understand the available pathways and resources.
Swati Gohite Pawar
Discover Frequently Asked Questions from Our Support
No. EB-2 remains an available immigration category under U.S. law. India’s FY 2026 supply of EB-2 immigrant visa numbers has simply been exhausted.
No, not automatically. An approved I-140 petition and immigrant visa availability are separate matters. However, an applicant generally needs an available visa number before final immigrant visa issuance or adjustment-of-status approval. USCIS guidance.
FY 2027 begins on October 1, 2026. However, the fiscal-year reset does not guarantee immediate visa availability for every applicant. Availability will depend on the applicable Visa Bulletin, the applicant’s priority date, visa demand, and the annual visa limits.
That depends on the USCIS filing chart for the relevant month and the applicant’s priority date. USCIS determines whether applicants may use the Dates for Filing chart or Final Action Dates chart. Filing eligibility and final approval are separate issues. USCIS Adjustment of Status Filing Charts.

