EB-2 India immigrant visas for fiscal year 2026 reached their annual cap on May 22, 2026, according to the U.S. Department of State (DOS), shutting the category to new applicants through September 30, 2026.

The Employment-Based Second Preference (EB-2) for applicants chargeable to India became "unavailable" for the remainder of FY 2026, DOS announced. United States Citizenship and Immigration Services (USCIS) will not accept or approve Adjustment of Status (AOS) applications, and U.S. consular posts abroad will not issue immigrant visas in this category until the new fiscal year begins.

What does the EB-2 India unavailability mean?

The cap reflects a structural ceiling set by Congress. Under the Immigration and Nationality Act (INA), 140,000 employment-based immigrant visas may be issued per fiscal year, plus any unused family-based visas from the preceding year. Those visas are split across five employment-based (EB) preference categories and then allocated by country of birth according to per-country quotas.

When demand exceeds supply in a country/category pairing, DOS publishes a cut-off date in the monthly Visa Bulletin. Applicants whose priority date is not earlier than the cut-off date cannot file. EB-2 India crossed that threshold for FY 2026.

Who is affected?

The EB-2 preference covers professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business. Applicants born in India fall under India's per-country cap, the bottleneck that triggered the unavailability.

For these workers:

• USCIS will not accept new AOS applications and will pause processing of pending AOS applications through September 30, 2026.
• U.S. consular posts will not issue EB-2 India immigrant visas abroad through September 30, 2026.
• Annual numerical limits reset on October 1, 2026, the first day of FY 2027.

What changes for employers?

Employers sponsoring EB-2 India beneficiaries should expect a processing pause until the fiscal year resets. The State Department's October 2026 Visa Bulletin will indicate whether visa numbers become available again and where cut-off dates land.

Once the new Bulletin is published, U.S. embassies and consulates can resume issuing immigrant visas in this category. USCIS will resume accepting and adjudicating AOS applications for qualified applicants in line with the prospective October Bulletin.

Are there work-authorization options?

Yes. The American Competitiveness in the 21st Century Act (AC21) allows certain H-1B workers subject to visa retrogression to extend H-1B status for up to three years beyond the visa maximum stay date. These employees remain eligible for ongoing U.S. employment while waiting for a green card number to become current.

How are priority dates set?

For most employment-based applicants, the priority date is the date a PERM labor certification application is filed with the U.S. Department of Labor for the sponsored employee. For categories that do not require PERM, including EB-1 petitions and EB-2 National Interest Waiver petitions, the priority date is the date the I-140 immigrant petition is filed with USCIS.

DOS reviews monthly how many visas have been used, how many remain under the annual limit, and the projected demand. When those numbers point to a backlog, the agency publishes a new cut-off date and a queue forms.

What should employers and applicants track?

Two dates matter most: September 30, 2026, when the FY 2026 cap closes out, and October 1, 2026, when the FY 2027 annual limits reset. The October Visa Bulletin will set the new cut-off date for EB-2 India and signal whether the backlog continues.

Applicants and employers can monitor monthly Visa Bulletins on the State Department's website for updated cut-off dates and category availability.