Immigration Lawyer Chicago/ Resources/ Immigration Insights/ EB-2 India Unavailable: What the July 2026 Visa Bulletin Means
Immigration Insights
Article by Scott D. Pollock & Associates, P.C. staff
08/01/2026
For Indian nationals waiting on an employment-based green card, the July 2026 Visa Bulletin brought about a significant change from the month before. EB-2 India is now unavailable for the remainder of the 2026 fiscal year, meaning no green card can be issued or approved in that category until the fiscal year resets in October.
The change is more abrupt than the usual month-to-month movement. In June, the EB-2 India final action date sat at September 1, 2013; in July, it is marked simply “U,” for unavailable. This pause affects some parts of the process but not others, which matters for anyone with a pending adjustment of status application or a case in preparation.
Each fiscal year, immigrant visa numbers are capped, both overall and per country. The State Department allocates those numbers month by month, and when a category’s annual limit is reached, no further numbers can be issued in it until the next fiscal year begins.
That is what has happened here. The State Department has stated that high demand and heavy number use by Indian applicants exhausted India’s pro-rated EB-2 limit for the year, so the category is unavailable for the rest of the fiscal year, which ends on September 30, 2026. This is a hard stop rather than a retrogression. The date has not moved backward to an earlier cutoff; the category has been closed entirely for now.
EB-2 India was not the only category affected. EB-1 India retrogressed two months, from December 15, 2022 to October 15, 2022, and the bulletin warned that further retrogression or unavailability could follow before the fiscal year ends. EB-5 unreserved India also became unavailable for the remainder of FY 2026.
An unavailable category means no immigrant visa numbers currently exist for it, and no green card can be approved in that category until numbers become available again. For Indian EB-2 applicants, including those with national interest waiver (NIW) petitions, that means no adjustment of status application can be approved on an EB-2 India basis until the new fiscal year.
Unavailability does not affect work that has already been completed. An approved or pending Form I-140 remains valid. The underlying petition is separate from visa number availability, and it does not lapse because the category has closed. A priority date, once established, stays intact, and an adjustment application properly filed during an earlier period when the category was open remains pending rather than being discarded.
The unavailability is tied to an annual limit, so the category is expected to reopen when the next fiscal year begins on October 1, 2026 and fresh visa numbers become available. The State Department has signaled that the EB-2 India final action date will likely move to at least July 15, 2014—the cutoff from the May 2026 bulletin—at that point.
That projection comes with a caveat worth taking seriously. The State Department has described the October advance as demand- and limit-dependent, not a guarantee; the actual date will depend on demand from Indian applicants and the employment-based annual limit set for FY 2027. The typical pattern in these situations is a meaningful one-time advance when the new year’s numbers arrive, followed by slower movement or renewed retrogression as demand materializes over the year.
For planning purposes, that means the reopening is likely but its exact reach is not fixed. Applicants watching for the reset will find the operative dates in each month’s Visa Bulletin as it is published.
Keeping their petition and supporting documentation current is the most basic step an applicant can take to prepare their case to be ready the moment the category reopens. For applicants whose circumstances have changed, it may also be worth reviewing whether they qualify for another employment-based category, since eligibility for one preference category does not rule out others.
Maintaining underlying nonimmigrant status is often the more pressing concern. Applicants relying on a nonimmigrant status such as H-1B while they wait will want to confirm that extensions and status are in order, because a longer green card timeline can affect those plans. Because these questions often depend on the specifics of an individual’s case, they are worth reviewing with an immigration attorney.
An unavailable category, marked “U,” means no immigrant visa numbers are available. No green card can be issued or approved in that category until numbers become available again. For EB-2 India, that means there will be no approvals on an EB-2 India basis until the fiscal year resets in October 2026.
No. An approved or pending I-140 remains valid, and the priority date stays intact. The petition is separate from visa number availability, so the category closing does not undo it. Only the final step (the green card approval) is paused.
The category is expected to reopen at the start of the new fiscal year on October 1, 2026, when new visa numbers become available. The State Department has indicated the final action date will likely advance to at least July 15, 2014 (the cutoff from the May 2026 bulletin), though that depends on demand and the FY 2027 annual limit and is not guaranteed.
For July 2026, USCIS is using the Final Action Dates chart for employment-based filings, and EB-2 India is unavailable on that chart, so a new EB-2 India adjustment application cannot be filed or approved. An application already properly filed during an open period remains pending.
No. EB-2 remains current for most countries. The unavailability is specific to India, as a result of India’s pro-rated annual limit being reached.
Visa number availability shifts from month to month, and the correct next step depends on where a specific case stands. Scott D. Pollock & Associates, P.C. has spent over three decades guiding individuals, families, and employers through the employment-based immigration process, including the timing questions that come with a backlogged category.
If you have questions about how the July 2026 Visa Bulletin affects your green card timeline, call 312.444.1940 or fill out our online contact form to speak with our team.
View Similar Articles