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EB-2 India Immigrant Visa Quota Reached: What Employers Need to Know

June 4, 2026
On May 22, 2026, the U.S. Department of State (DOS) announced that the quota for available immigrant visas in the Employment-Based Second Preference (EB-2) for applicants chargeable to India had been reached for fiscal year (FY) 2026. As a result, the EB-2 category was made …
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Overview

On May 22, 2026, the U.S. Department of State (DOS) announced that the quota for available immigrant visas in the Employment-Based Second Preference (EB-2) for applicants chargeable to India had been reached for fiscal year (FY) 2026. As a result, the EB-2 category was made unavailable through the end of the fiscal year.

U.S. consular posts cannot issue immigrant visas and United States Citizenship and Immigration Services (USCIS) cannot accept or approve Adjustment of Status (AOS) applications for EB-2 India applicants through September 30, 2026. The annual limits on immigrant visa availability will reset at the start of the USCIS fiscal year which commences on October 1, 2026.

Annual Immigrant Visa Quotas and Retrogression – Some Background

Pursuant to the Immigration and Nationality Act (INA) per fiscal year 140,000 employment-based immigrant visas (green cards) may be issued to qualified applicants, plus any unused visas from the family-based categories in the preceding year. The visas are distributed among five employment-based (EB) preference categories and then allocated by country of birth according to Congressionally-mandated per country quotas. The EB-2 preference category is reserved for professionals with advanced degrees or individuals with exceptional ability in the sciences, arts, or business. Individuals born in India are “chargeable” to the per-country quota established for India.

Each month, DOS reviews the number of immigrant visas used, the projected demand for visas, and the number of visas remaining under the annual numerical limit for the country and/or preference category. Visa retrogression occurs when the number of individuals seeking a green card exceeds the number of visas available in the applicable employment-based preference category.  A “cut-off date” is then set and published in the Visa Bulletin, the DOS’s monthly report on immigrant visa availability. A queue to apply for the green card ensues. Foreign national applicants are assigned a place in the queue based on their priority date, preference category, and country of birth.

For employment-based immigrants, the priority date is determined by the date that a PERM labor certification application is filed with the U.S. Department of Labor for the sponsored foreign national employee.  In cases where a PERM labor certification is not required (e.g., for EB-1 petitions and EB-2 National Interest Waiver petitions), the priority date is determined by the date that an I-140 immigrant petition is filed with USCIS.

In order for a foreign national to apply for a green card, their priority date must be available or “current” on the monthly Visa Bulletin.  An immigrant visa number is only available when the priority date is earlier than the cut-off date shown on the Visa Bulletin for the applicable preference category and country of birth.

What This Means for Employers

For employers with highly skilled employees with cases that fall in the EB-2 India category:

  • AOS Processing Paused: USCIS will not accept new AOS applications and will pause the processing of pending AOS applications through September 30, 2026.
  • Consular Processing Paused: U.S. consular posts abroad will not issue visas for the remainder of the fiscal year through September 30, 2026.
  • FY 2027 Reset: Annual limits will reset with the start of the new fiscal year (FY 2027) on October 1, 2026.
  • Resumed Issuance: After October 1, 2026, U.S. embassies and consulates abroad can resume issuing immigrant visas in this category to qualified applicants. Additionally, USCIS will resume accepting AOS applications and processing pending applications in accordance with the prospective October Visa Bulletin.

Important Work Authorization Note: Certain employees in H-1B status are eligible for a three (3) year extension of H-1B status beyond their visa maximum stay date while subject to visa retrogression pursuant to the American Competitiveness in the 21st Century Act (AC21). These employees are eligible for ongoing employment in the U.S. until a green card can be issued.


Amy McCoy

For additional information please contact your designated Gibney representative or email info@gibney.com. This alert contains general information only, and is not intended to provide legal advice.  Please contact immigration counsel for specific legal advice regarding your case.