EB-2 India Visa Limit Reached: No Green Cards Until October 2026

What Happened

On May 22, 2026, the U.S. Department of State [announced](https://travel.state.gov/content/travel/en/News/visas-news/india-per-country-limit-reached-in-the-eb-2-category.html) that India has reached its per-country limit in the Employment-Based Second Preference (EB-2) immigrant visa category for fiscal year 2026. The announcement was issued in coordination with USCIS.

Effective immediately, no EB-2 immigrant visas chargeable to India will be issued at U.S. consulates abroad, and no EB-2 I-485 adjustment-of-status applications for India-born beneficiaries will be approved domestically. The freeze remains in effect through September 30, 2026 — the last day of FY 2026.

Under the Immigration and Nationality Act [§202(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim), no single country may receive more than 7 percent of the total worldwide immigrant visa allocation in a given fiscal year. India, which consistently has more EB-2 demand than any other country, exhausted its entire allocation four months before the fiscal year ends — a timeline that multiple immigration attorneys described as unusually early.

Who Is Affected

The freeze impacts every India-born applicant in the EB-2 category, regardless of subcategory or processing stage:

• EB-2 employer-sponsored applicants with approved PERM labor certifications and I-140 petitions whose priority dates were current under the Visa Bulletin
• EB-2 National Interest Waiver (NIW) self-petitioners — the NIW bypasses the PERM labor certification requirement but does not exempt applicants from the per-country limit
• Applicants processing through U.S. consulates abroad (consular processing) and those adjusting status domestically (I-485)
• U.S. employers relying on EB-2 sponsorship to retain India-born talent in advanced-degree and professional roles

What Continues During the Freeze

Although green card approvals are paused, several critical processes remain active for EB-2 India applicants with pending I-485 applications:

• Employment Authorization Document (EAD) renewals — USCIS continues adjudicating Form I-765 for pending I-485 holders, though maximum validity was reduced to 18 months in late 2025
• Advance Parole (AP) travel documents — Form I-131 renewals remain available, allowing international travel without abandoning the pending I-485
• I-140 immigrant petition adjudication — USCIS continues processing new and pending I-140 petitions, including premium processing requests
• PERM labor certification filings — the Department of Labor continues accepting and processing new PERM applications, though processing times currently average over 500 days
• I-485 interviews — USCIS may continue scheduling and conducting interviews, but officers cannot issue final approvals until visa numbers become available

What Attorneys Should Know

The per-country limit under INA §202 applies to the entire EB-2 preference category. There is no separate allocation for NIW versus employer-sponsored cases. Attorneys with NIW clients should ensure they understand this distinction, as some applicants mistakenly believe the NIW provides an exemption from per-country limits.

This exhaustion arrives alongside USCIS Policy Memorandum [PM-602-0199](https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf), issued May 21, which reframes adjustment of status as "extraordinary relief" subject to heightened discretionary review. For EB-2 India applicants, the combined effect is significant: even when visa numbers become available in FY 2027, the memo's discretionary framework may introduce additional scrutiny during adjudication.

No administrative mechanism exists for mid-year visa number recapture. Visa numbers reset exclusively on October 1, when FY 2027 begins. The last congressional recapture of unused visa numbers occurred in 2005. No pending legislation with a realistic path to passage would provide relief before October 2026.

For clients with particularly strong profiles, consider whether an EB-1A (extraordinary ability) or EB-1B (outstanding researcher) petition is viable. EB-1 India, while also retrogressing in the June 2026 bulletin (Final Action Date moved to December 15, 2022), has a more recent cutoff date and a separate per-country allocation.

What Applicants Should Do

If you are an India-born EB-2 applicant — whether employer-sponsored or NIW — the freeze does not require you to take any action against your pending case. Your I-485 remains in the queue, and your interim benefits continue. But there are steps worth taking now:

• Maintain your underlying nonimmigrant status (H-1B, O-1, L-1, etc.) — do not rely solely on pending-I-485 work authorization. If your I-485 is denied for any reason, EAD-based work authorization terminates immediately.
• Renew your EAD and Advance Parole documents well before they expire. With processing times fluctuating and maximum EAD validity reduced to 18 months, late filings create dangerous gaps in work authorization.
• Attend any scheduled I-485 interview — USCIS may still proceed with interviews and complete background checks even though no approval can issue until October.
• Explore cross-chargeability if your spouse was born in a country other than India or China. Under INA §202(b)(2), you may be able to charge your visa to your spouse's country of birth, potentially making your priority date immediately current.
• Evaluate whether you qualify for EB-1A (extraordinary ability). EB-1A does not require PERM or an employer sponsor, and EB-1 India has a separate and more favorable priority date cutoff. Consult an attorney about evidentiary requirements.

Looking Ahead: FY 2027 and Beyond

Visa numbers for FY 2027 become available on October 1, 2026. The State Department will publish the October 2026 Visa Bulletin — the first bulletin of FY 2027 — in mid-September, establishing new Final Action Dates for all employment-based categories.

The structural challenge for EB-2 India remains unchanged: demand vastly exceeds the per-country supply. India has tens of thousands of pending employment-based I-485 applications, and the per-country allocation is consumed faster each year as family-based visa spillover — which temporarily accelerated EB movement in FY 2021 and FY 2022 — has dried up. The State Department has warned that additional categories, including EB-1 India and EB-2 China, may face further retrogression or unavailability before September 30.

For employers, the freeze underscores the retention risk inherent in the EB-2 India backlog. Firms sponsoring India-born professionals should plan for multi-year green card timelines and consider concurrent EB-1 sponsorship for senior talent where the evidentiary standard can be met.