US Green Card Alert: US EB-1 Visa May Turn 'Unavailable' For Indians

Indian applicants waiting for a US green card through the EB-1 category have been given a new warning.

The US Department of State has said that high demand and increased visa use by applicants from India could force the EB-1 category to become unavailable in the coming weeks. It may happen if India's allotted share of visas is reached before the end of the 2026 fiscal year. 

In better news for the applicants, this does not mean the EB-1 programme is being cancelled. The warning simply indicates that US could run out of immigrant visa numbers available for Indian applicants in this category for the remainder of the fiscal year.

But First, What Exactly Is EB-1?

EB-1 is the Employment-Based First Preference category for US permanent residency. It is meant for what US immigration law calls "priority workers."

It covers people with extraordinary ability in areas such as science, arts, education, business, or athletics, outstanding professors and researchers with international recognition and the required academic experience, and certain multinational executives and managers being transferred to the US.

The extraordinary-ability route is often popularly called the "Einstein visa." Eligible applicants in this group can self-petition and don't even need a permanent US job offer. However, they are required to continue working in their area of expertise in the US.

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Indian Applicants Are Facing The Warning

The issue is demand. For September 2026, the EB-1 Final Action Date for India is October 15, 2022. That means an Indian applicant generally needs a priority date earlier than that date for an immigrant visa number to be available under the final-action chart.

The US State Department specifically says that the high demand and number of uses by Indians in EB-1 may require the category to become unavailable in the coming weeks if India's pro-rated limit is reached before the fiscal year ends.

The warning is not exactly new. The department had already flagged the possibility of EB-1 becoming unavailable for India earlier in 2026 because of high demand.

The 'unavailable' warning, however, does not imply that the EB-1 is cancelled altogether. In fact, the US immigration visas are subject to annual numerical limits. So if the available numbers for a category or country are fully utilised, the State Department can mark that category as "U" or unavailable.

The EB-1 Green Card Process

• For employment-based immigration, the applicable petition is Form I-140.
• Once USCIS approves the petition, the case can move to the National Visa Center if the applicant is pursuing an immigrant visa through consular processing.
• The priority date of the applicant is important. It badically represents the applicant's position in the queue. Subject to the relevant category and national restrictions, employment-based immigrant visas are granted in chronological order based on priority dates.
• The applicant can proceed with the necessary immigrant visa processing once the priority date becomes eligible under the relevant Visa Bulletin date.
• The applicable fees, application forms, civil documents, and other supporting materials can then be requested by the National Visa Centre.
• Before the interview for an immigrant visa, applicants must also finish the necessary medical examination and other procedures.
• For those who are already in the US and are eligible to change their status, the procedure may instead require changing their status with USCIS.

Family Green Card Dates Also Moved

Photo: Canva

The September 2026 Visa Bulletin also shows major changes in many family-sponsored categories.

For Indian applicants, the F4 category, which covers brothers and sisters of adult US citizens, has a September Final Action Date of November 1, 2006. The F4 Dates for Filing date for India is December 15, 2006. 

The family categories are also subject to annual and per-country limits. The FY2026 worldwide family-sponsored preference limit is 226,000.

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According to the State Department, dates for some of the categories have also been pushed forward in recent months. It has happened due to a decline in the approval of immigrant visas from some nations as a result of various administration actions. But it made clear that regression could happen again if demand increases. 

EB-1 is still available for India in the September 2026 bulletin, but the US has warned that it could become unavailable in the coming weeks.

For September:

EB-1 India Final Action Date: October 15, 2022
EB-1 India Dates for Filing: December 1, 2023

The State Department is continuing to monitor demand and says it will make adjustments if necessary.