July 2026 Visa Bulletin: EB-2 India is unavailable, EB-1 moves backward

What Happened

The [State Department released the July 2026 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-july-2026.html) in mid-June. For Indian employment-based applicants, it is the hardest bulletin of the fiscal year. EB-2 India, covering both labor-certification cases and National Interest Waiver petitions, is marked "U" for Unavailable. India's prorated annual EB-2 limit for FY 2026 has been used up, so no further final actions can occur in this category until October 1, 2026.

EB-1 India also moved backward, from a Final Action Date of December 15, 2022 in June to October 15, 2022 in July. The bulletin warns that more retrogression, or even unavailability, could follow before FY 2026 ends. EB-3 India advanced only modestly, to January 1, 2014, a gain of 17 days.

USCIS has confirmed that employment-based adjustment of status applicants must use the [Final Action Dates chart (Chart A)](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates) for July 2026. The more permissive Dates for Filing chart (Chart B) is not available for employment-based filers this month, which means applicants whose priority dates are current only under Chart B cannot file new I-485 applications.

The Numbers: July 2026 Final Action Dates

Below are the key employment-based Final Action Dates for July 2026. These are the dates that govern whether USCIS can take final action on a pending I-485 or whether a new I-485 can be filed.

**EB-1 (Priority Workers):** All Chargeability Areas Except Those Listed: Current. China (mainland born): June 1, 2023. India: October 15, 2022 (retrogressed from December 15, 2022 in June). Mexico and Philippines: Current.

**EB-2 (Advanced Degree / Exceptional Ability / NIW):** All Chargeability Areas: Current. China: September 1, 2021. India: Unavailable. Mexico and Philippines: Current.

**EB-3 (Skilled Workers / Professionals):** All Chargeability Areas: August 1, 2024. China: December 22, 2021. India: January 1, 2014 (advanced from December 15, 2013). Mexico: August 1, 2024. Philippines: August 1, 2023.

**EB-3 (Other Workers):** All Chargeability Areas: March 1, 2022. China: April 1, 2019. India: January 1, 2014. Mexico: March 1, 2022. Philippines: December 1, 2021.

For the [Dates for Filing chart](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-july-2026.html), which USCIS has not authorized for employment-based filings in July, EB-2 India shows January 15, 2015 and EB-1 India shows December 1, 2023. These dates are relevant only for National Visa Center purposes at consular posts abroad.

Who Is Affected

The immediate impact falls on Indian nationals in EB-2 and EB-1, but the planning consequences reach employers, dependents, and anyone waiting to file adjustment of status.

• **Indian EB-2 applicants (including NIW):** No I-485 can be approved, and no new I-485 can be filed, for any Indian-born EB-2 beneficiary through September 30, 2026. This applies equally to labor-certification-based EB-2 cases and self-petitioned NIW cases. The [State Department bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-july-2026.html) states that India's prorated EB-2 limit for FY 2026 has been reached.
• **Indian EB-1 applicants:** Beneficiaries with priority dates between October 15, 2022 and December 15, 2022 lost their current status this month. Their pending I-485 applications cannot be approved until the date advances past their priority date again. The bulletin warns this category could also become Unavailable before September.
• **Indian EB-3 applicants:** EB-3 India advanced to January 1, 2014, but the backlog remains over 12 years deep. EB-3 is now the only India employment-based category still issuing visa numbers.
• **Chinese EB-2 applicants:** The bulletin warns that high demand for China EB-2 may require retrogression or unavailability in coming months to stay within FY 2026 limits.
• **Employers sponsoring Indian workers:** Companies with Indian employees in EB-2 or EB-1 green card processes face extended timelines. Maintaining H-1B status for these employees through extensions beyond the six-year cap becomes a higher priority.

What Attorneys Should Know

The Unavailable designation has specific legal and procedural consequences. These are the points affected clients need to hear clearly.

**Pending I-485 applications are preserved.** An Unavailable designation does not deny or terminate a pending Form I-485. Under [INA § 245](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim), USCIS cannot approve the adjustment until a visa number is available, but the application stays in the queue. The I-140 approval and priority date remain intact.

**AC21 portability is unaffected.** For applicants whose I-485 has been pending 180 days or more with an approved I-140, [INA § 204(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1154&num=0&edition=prelim) portability rights remain intact. The applicant may change to a same-or-similar occupation and retain both the priority date and the pending I-485. The Unavailable designation does not strip this right — it simply means USCIS cannot adjudicate the case until numbers reopen.

**EAD and Advance Parole renewals continue.** Employment Authorization Documents issued under category (c)(9) based on a pending I-485, and Advance Parole documents under Form I-131, remain valid and renewable regardless of visa availability. Attorneys should ensure no client allows these documents to lapse.

**New I-485 filings are blocked.** Because USCIS requires the Final Action Dates chart for July and EB-2 India is Unavailable, no new I-485 can be filed in this category. Applicants who have an approved I-140 but have not yet filed I-485 cannot access EAD or Advance Parole benefits through the adjustment process until numbers reopen.

**H-1B extensions beyond six years.** Under [AC21 § 104(c)](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-of-stay-for-h-1b-workers-under-sections-104c-and-106a-of-ac21) and [AC21 § 106(a)](https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-of-stay-for-h-1b-workers-under-sections-104c-and-106a-of-ac21), individuals with an approved I-140 who are stuck in per-country backlogs can often obtain one-year or three-year H-1B extensions beyond the six-year cap. With EB-2 India Unavailable, H-1B status is more than a fallback; for many people, it is the thing that keeps the case viable.

**CSPA age-out monitoring.** The [Child Status Protection Act](https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa) freezes a child's age for immigration purposes at the time a visa number becomes available. With EB-2 India Unavailable, the CSPA clock is effectively paused because no number is available. However, when EB-2 India reopens in October 2026, the one-year "sought to acquire" clock restarts. Attorneys should identify every dependent between ages 19 and 21 in their EB-2 and EB-1 India caseloads and prepare I-485 packages for immediate filing when numbers reopen.

**Cross-chargeability under [22 CFR § 42.12](https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-42/subpart-C/section-42.12).** For Indian-born EB-2 or EB-1 applicants married to a spouse born in a country where EB-2 is Current (such as most countries outside India and China), cross-chargeability may allow the applicant to use the spouse's country of chargeability. This should be evaluated for every affected client.

What Applicants Should Do

If you are an Indian national in the EB-2 or EB-1 green card process, here are the steps to take right now.

• **Do not panic about your pending I-485.** If you already filed your adjustment application, it remains in the queue. USCIS cannot approve it while no visa number is available, but the Unavailable designation by itself does not wipe out your filing. Your priority date and I-140 approval are preserved.
• **Renew your EAD and Advance Parole before they expire.** If your work permit or travel document is based on your pending I-485, it remains valid and renewable. File renewal applications well before expiration — processing times can be unpredictable.
• **Maintain your H-1B status if at all possible.** If you are currently in H-1B status while your I-485 is pending, continue extending your H-1B. It serves as a safety net. If you travel on Advance Parole instead of your H-1B visa, you may lose your H-1B status, which can create complications in the current enforcement environment.
• **If you have not filed I-485 yet, prepare your package now.** You cannot file while EB-2 India is Unavailable, but numbers are expected to reopen in October 2026. Have your medical exam (Form I-693, valid for two years), civil documents, employment verification letter, and supporting evidence ready to file as soon as the October 2026 Visa Bulletin is released.
• **Ask your attorney about EB-1 or cross-chargeability.** If you have extraordinary ability credentials, an EB-1A self-petition may be a faster path — EB-1 India still has a date, even after retrogression. If your spouse was born outside India and China, cross-chargeability could move your case to a Current category.
• **Do not rush into an EB-2 to EB-3 downgrade without doing the math.** EB-3 India is at January 1, 2014, which is still more than 12 years behind. For most applicants with EB-2 priority dates after 2014, a downgrade offers no immediate advantage. EB-2 India is expected to return in October with a date in the 2013 range, so compare the actual cutoffs before filing anything new.

Looking Ahead: The FY 2027 Reset

The fiscal year ends on September 30, 2026, and a fresh annual visa allocation begins on October 1. The [July bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-july-2026.html) states that EB-2 India "should advance in October" to at least its earlier FY 2026 levels, which had been in the September–October 2013 range before the retrogression spiral began in May.

Between now and October, expect turbulence. The August and September bulletins may bring additional retrogression for EB-1 India and could push China EB-2 and Philippines EB-3 into retrogression or unavailability as FY 2026 numbers run out. [BAL's analysis](https://www.bal.com/immigration-news/july-2026-visa-bulletin-released-by-department-of-state/) and [Newland Chase](https://newlandchase.com/july-2026-u-s-state-department-visa-bulletin/) both note these risks in their July bulletin commentary.

For EB-1 India, which has now retrogressed in consecutive months, recovery at the FY 2027 reset is expected but the precise date will depend on how much of FY 2026's EB-1 quota was consumed. Attorneys should have all EB-1 India clients with priority dates near the October 2022 cutoff prepared for potential further movement in either direction.

The structural problem has not changed. Per-country caps under [INA § 202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim) limit India and China to roughly 7% of the worldwide employment-based total each fiscal year, while demand from both countries far exceeds that share. Unless Congress changes those caps, this cycle of advancement, retrogression, and occasional unavailability will keep repeating.