Important disclaimer
Haven provides general information only. Nothing on this page is legal advice, and it should not be treated as a substitute for advice from a qualified immigration lawyer or accredited legal representative. Immigration outcomes depend on the specific facts of your case. If you need case-specific guidance, consult a lawyer before making decisions or filing.
What Happened
On May 13, 2026, the U.S. Department of State published the [June 2026 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-june-2026.html), revealing significant retrogression in the employment-based green card categories that most affect Indian-born professionals.
The headline figure: the EB-2 India Final Action Date dropped more than 10 months in a single bulletin cycle, moving from July 15, 2014 back to September 1, 2013. This is one of the sharpest single-month retrogressions for EB-2 India in recent years, and it effectively erases years of incremental progress for thousands of applicants in the pipeline.
EB-1 India also retrogressed, moving from April 1, 2023 to December 15, 2022 — a backward shift of roughly 3.5 months. While EB-1 retrogression is less common than EB-2, it underscores the acute demand pressure on India's per-country allocation across all employment-based preference categories.
June 2026 Final Action Dates at a Glance
Below are the key employment-based Final Action Dates (Chart A) for June 2026, with month-over-month changes from the May 2026 bulletin.
- EB-1 All Countries (except China/India): Current — no change
- EB-1 China: April 1, 2023 — no change
- EB-1 India: December 15, 2022 — retrogressed 3.5 months (was April 1, 2023)
- EB-2 All Countries (except China/India): Current — no change
- EB-2 China: September 1, 2021 — no change
- EB-2 India: September 1, 2013 — retrogressed 10.5 months (was July 15, 2014)
- EB-3 All Countries (except China/India): June 1, 2024 — no change
- EB-3 China: August 1, 2021 — advanced ~6 weeks (was June 15, 2021)
- EB-3 India: December 15, 2013 — advanced ~1 month (was November 15, 2013)
- EB-3 Philippines: August 1, 2023 — no change
The Dates for Filing chart (Chart B) remains unchanged across all employment-based categories for June 2026. However, USCIS has not yet confirmed whether it will authorize Chart B for June AOS filings.
Haven can help you track this.
Turn timelines, action windows, and next steps into a personal plan grounded in your actual visa status, not a generic checklist.
Why the Sharp Retrogression
The retrogression reflects a collision of structural factors. India's annual per-country cap of approximately 7% of total employment-based visas — roughly 9,800 numbers per fiscal year — has been chronically insufficient to absorb the massive backlog of Indian-born applicants, particularly in the EB-2 and EB-3 categories.
According to [Fragomen's May 13 analysis](https://www.fragomen.com/insights/united-states-june-2026-visa-bulletin-significant-retrogression-for-eb-2-india-moderate-retrogression-for-eb-1-india-and-modest-advancement-for-eb-3-india-and-eb-3-china.html), the State Department advanced dates aggressively earlier in FY2026 to use available visa numbers efficiently, but demand has now caught up. The agency must now pull dates backward to ration the remaining numbers through September 30, 2026.
The bulletin also carries an explicit warning: further retrogressions in EB-1 and EB-2 India, or making these categories entirely 'Unavailable,' may be necessary if India's pro-rated limits are reached before the fiscal year ends. A similar retrogression warning applies to EB-2 China due to increased number use.
Who's Affected
The retrogression directly impacts Indian-born professionals at various stages of the green card process:
- EB-2 India applicants with priority dates between September 2, 2013 and July 15, 2014 who were previously current — their I-485 adjustment of status applications can no longer be approved until dates advance again, and new AOS filings are blocked under Chart A.
- EB-1 India applicants with priority dates after December 15, 2022 — including EB-1A (extraordinary ability), EB-1B (outstanding researchers), and EB-1C (multinational managers) petitioners who had been current under the May bulletin.
- EB-2 NIW (National Interest Waiver) self-petitioners born in India, who share the same priority date queue as employer-sponsored EB-2 applicants.
- Employers and applicants considering EB-2 to EB-3 downgrade strategies — with EB-3 India now at December 15, 2013 (only 3.5 months behind EB-2 India's September 1, 2013), the traditional 'downgrade' calculus has shifted significantly.
What Attorneys Should Know
The EB-2/EB-3 India gap has compressed to just 3.5 months (September 1, 2013 vs. December 15, 2013). Practitioners should revisit the EB-2 to EB-3 downgrade analysis for clients with priority dates in the affected window. Under 8 CFR § 204.5, a new I-140 petition in the EB-3 category requires a separate labor certification unless the position qualifies for Schedule A or the beneficiary is filing under a different basis.
For EB-1 India clients, the retrogression to December 15, 2022 means applicants with recent approvals — including those who filed under the [updated O-1A/EB-1A evidentiary standards](https://www.uscis.gov/policy-manual/volume-6-part-f-chapter-2) — may face unexpected delays. Monitor the USCIS Policy Manual for any further guidance on EB-1 adjudication amid demand pressure.
The State Department's language about potential 'Unavailable' status for EB-1 and EB-2 India before September 30 is a significant escalation. Per INA § 202(a)(2), once a category is made unavailable, no final action can be taken on any pending I-485 regardless of priority date. Attorneys with clients nearing approval should ensure all evidence and medical exams (I-693) are current.
USCIS has not yet announced whether it will use Chart A (Final Action Dates) or Chart B (Dates for Filing) for June 2026 adjustment filings. In May 2026, USCIS used Chart A. Given the retrogression trend, practitioners should plan conservatively and assume Chart A. Monitor [uscis.gov/visabulletininfo](https://www.uscis.gov/visabulletininfo) for the determination.
What Applicants Should Do
If you're an Indian-born professional in the EB-2 or EB-1 green card queue, here's what to prioritize right now:
- Check your priority date against the new Final Action Dates. Your priority date is on your I-140 approval notice (or PERM labor certification, if applicable). If your priority date is after September 1, 2013 (EB-2) or December 15, 2022 (EB-1), your case is not currently eligible for final processing.
- If you already filed I-485, your application remains pending — it will not be denied solely because of retrogression. However, USCIS cannot approve it until your priority date becomes current again.
- Ask your attorney about EB-2 to EB-3 downgrading. With EB-3 India at December 15, 2013 and still advancing, some applicants with EB-2 priority dates in the 2013–2014 range may benefit from filing a new I-140 in the EB-3 category, if their position qualifies.
- Keep your I-94, passport, and visa stamp current. If you're maintaining H-1B or other nonimmigrant status while waiting, ensure your underlying status doesn't lapse during the wait.
- Watch for the USCIS Chart A vs. Chart B announcement for June. If USCIS authorizes Chart B (Dates for Filing), some applicants locked out under Chart A may still be able to file new I-485 applications.
The State Department has warned that EB-1 and EB-2 India could become fully 'Unavailable' before September 30, 2026. If you have a pending EB-1 or EB-2 case with a current priority date, work with your attorney to ensure nothing is missing from your file — response deadlines and RFEs should be prioritized immediately.
The Bright Spots: EB-3 India and China Advance
Not all the news is negative. EB-3 India's Final Action Date moved forward one month to December 15, 2013, and EB-3 China advanced approximately six weeks to August 1, 2021. EB-3 Other Workers also saw modest gains: China moved to April 1, 2019 (up two months), and India to December 15, 2013 (up one month).
For Schedule A occupations — registered nurses, physical therapists, and other healthcare workers born in countries other than India and China — EB-3 worldwide remains at June 1, 2024, meaning most applicants are nearly current. However, the bulletin carries a retrogression warning for EB-3 Philippines at August 1, 2023.
What Comes Next
The June bulletin sets a cautious tone for the remainder of FY2026. The July 2026 bulletin — typically released in mid-June — will indicate whether the State Department needs to further restrict dates or declare categories unavailable. Historically, the final quarter of the fiscal year (July–September) brings the most volatility to the visa bulletin as the department manages remaining numbers against demand.
The broader structural problem — per-country caps creating multi-decade backlogs for India and China — remains unresolved legislatively. Bills like the EAGLE Act, which would eliminate per-country caps, have stalled in Congress. For now, applicants and attorneys must navigate within the existing framework.
We will continue tracking the July 2026 bulletin, the USCIS chart determination for June, and any legislative developments affecting employment-based visa allocation. Follow the [Haven blog](https://haven-five-hazel.vercel.app/blog) for updates.
Sources
June 2026 Visa Bulletin: Significant Retrogression for EB-2 India, Moderate Retrogression for EB-1 India
Fragomen
Open sourceFrequently asked
What are the EB-2 India Final Action Dates in the June 2026 Visa Bulletin?
The EB-2 India Final Action Date for June 2026 is September 1, 2013. This is a retrogression of approximately 10.5 months from the May 2026 date of July 15, 2014. It means only EB-2 applicants born in India with a priority date before September 1, 2013 can have their green card applications finally processed.
Did EB-1 India retrogress in the June 2026 bulletin?
Yes. The EB-1 India Final Action Date moved backward from April 1, 2023 to December 15, 2022 — a retrogression of approximately 3.5 months. This affects EB-1A (extraordinary ability), EB-1B (outstanding researchers), and EB-1C (multinational managers) applicants born in India.
Could EB-1 or EB-2 India become 'Unavailable' before September 2026?
Yes. The State Department explicitly warned in the June 2026 bulletin that further retrogressions or making EB-1 and EB-2 India 'Unavailable' may be necessary if India's per-country allocation is exhausted before the fiscal year ends on September 30, 2026. 'Unavailable' means no cases in that category can be approved regardless of priority date.
Should I consider downgrading from EB-2 to EB-3 given the June 2026 dates?
The EB-2 India date (September 1, 2013) and EB-3 India date (December 15, 2013) are now only 3.5 months apart, and EB-3 is advancing while EB-2 retrogressed. Whether a downgrade makes sense depends on your specific priority date, whether your position qualifies for EB-3 classification, and whether you'd need a new PERM labor certification. Consult your immigration attorney to evaluate your situation.
Will USCIS use Final Action Dates or Dates for Filing for June 2026?
As of May 14, 2026, USCIS has not yet announced whether it will use Chart A (Final Action Dates) or Chart B (Dates for Filing) for June 2026 employment-based adjustment of status filings. In May 2026, USCIS required the use of Final Action Dates. Check uscis.gov/visabulletininfo for the official determination, which is typically posted within a few days of the bulletin's release.