FY2026 Visa-Number Alert: The Department of State confirmed that all available FY2026 EB-2 immigrant visas for applicants chargeable to India had been used as of May 22, 2026. EB-2 India is therefore listed as Unavailable for Final Action in August 2026. The FY2026 annual limits reset with the beginning of FY2027 on October 1, 2026. This does not guarantee that the category will immediately become current or that a particular priority date will become available on that date.
Priority Date Alternative Estimator
Enter your exact employment-based priority date to compare it with the August 2026 Visa Bulletin. This checker does not predict future Visa Bulletin movement or guarantee eligibility.
Recommended Course of Action:
Your priority date is earlier than the August 2026 EB-3 India Dates for Filing date of January 15, 2015, but not earlier than the EB-3 Final Action Date. Whether you may file Form I-485 using Dates for Filing depends on the USCIS monthly chart designation.
August 2026 EB-2 India Visa Bulletin Status
The August 2026 Department of State Visa Bulletin lists EB-2 India as Unavailable (U) for Final Action. The Dates for Filing cutoff for EB-2 India is January 15, 2015.
| India Category | Final Action Date | Dates for Filing | Meaning |
|---|---|---|---|
| EB-2 | Unavailable | January 15, 2015 | No EB-2 India immigrant visa numbers are authorized for Final Action during August 2026. |
| EB-3 | January 1, 2014 | January 15, 2015 | EB-3 has a separate queue and separate cutoff dates. |
Important: Dates for Filing does not automatically mean that Form I-485 may be filed. USCIS separately determines each month whether adjustment applicants may use the Dates for Filing chart. Final approval remains subject to Final Action visa availability and all other requirements.
Priority-Date Retention vs. EB-3 Downgrade
These concepts are related but legally different. Priority-date retention under 8 CFR § 204.5(e) generally allows an eligible beneficiary to retain an earlier priority date from an approved employment-based petition for a later qualifying EB-1, EB-2, or EB-3 petition, subject to regulatory exceptions.
An EB-2 to EB-3 downgrade, by contrast, generally means filing a new EB-3 I-140 when the underlying employment and labor-certification requirements support EB-3 classification. If an I-485 is already pending, a separate request to transfer the adjustment basis may be possible in appropriate circumstances.
A retained priority date does not make the new petition automatically approvable, and a downgrade does not guarantee a faster Green Card. The new category's eligibility requirements and Visa Bulletin position must both be considered.
Viable Alternatives to EB-2 India Backlog
- Qualify for EB-1: If you independently qualify for EB-1A, EB-1B, or EB-1C, a later EB-1 petition may generally retain an eligible earlier EB-2 priority date under 8 CFR § 204.5(e). The new EB-1 petition must independently satisfy its classification requirements; priority-date retention does not guarantee approval or immediate visa availability.
- Cross-Chargeability: In qualifying circumstances, an applicant may be chargeable to a spouse's country of birth instead of India. This is not automatic and does not guarantee immediate I-485 filing or approval; the applicable statutory requirements and Visa Bulletin availability must be satisfied.
- Employer-Sponsored EB-1B: If eligible, evaluate the EB-1B outstanding professor/researcher classification with a qualifying employer and evidence satisfying the applicable statutory and regulatory criteria.
- AC21 § 104(c) H-1B Extensions: Certain qualifying beneficiaries of approved employment-based I-140 petitions may obtain H-1B extensions in increments of up to three years beyond the normal six-year limit when the statutory visa-availability conditions are met. More than one extension may be possible, but eligibility is not automatic merely because an I-140 remains approved.
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Frequently Asked Questions (FAQ)
The general per-country limitation is established by INA § 202(a)(2), while the employment-based preference categories and their worldwide allocations are established under INA § 203(b). The 7% limitation is generally applied to the combined employment-based and family-sponsored preference immigrant visa system, subject to statutory allocation and proration rules. For FY2026, the Department of State confirmed that all available EB-2 immigrant visas for India had been used, making the category unavailable for the remainder of FY2026. The annual limits reset with FY2027 on October 1, 2026.
Generally, an approved EB-2 I-140 can provide an eligible earlier priority date for a later qualifying EB-1, EB-2, or EB-3 petition under 8 CFR § 204.5(e). The regulation provides priority-date retention subject to specified exceptions, including certain revocations or invalidations. The later EB-1 petition must independently satisfy the requirements of the EB-1 classification; retaining an earlier priority date does not itself establish EB-1 eligibility.
An EB-2 to EB-3 downgrade generally involves filing a new EB-3 Form I-140 based on the qualifying underlying employment and labor-certification requirements. If the beneficiary already has a pending Form I-485, the applicant may in appropriate circumstances request that USCIS transfer the pending adjustment case to the EB-3 basis. This is not automatic, and the EB-3 petition, visa availability, and adjustment requirements must independently be satisfied. 'Downgrade' and priority-date retention are separate concepts.
Under AC21 § 104(c), certain H-1B beneficiaries with an approved employment-based I-140 may qualify for H-1B extensions beyond the normal six-year limit when they would be eligible for permanent residence but for an applicable per-country limitation or because the relevant immigrant preference category is unavailable. USCIS may grant qualifying extensions in increments of up to three years, and more than one extension may be possible while the qualifying visa-number problem continues. Eligibility must be established under the applicable statutory and regulatory requirements for the extension request.
Potentially. Cross-chargeability can allow certain applicants to be charged to a spouse's country of birth when the statutory requirements are satisfied. It is not enough that the spouse simply was born outside India, and it does not automatically make Form I-485 immediately fileable. The applicant must satisfy the applicable cross-chargeability requirements and must have an available visa number under the relevant category and chart. The exact family and adjustment circumstances should therefore be evaluated before relying on this strategy.
CSPA can protect a qualifying derivative child by subtracting the period during which the underlying immigrant petition was pending from the child's age when an immigrant visa becomes available. The child must also satisfy the applicable 'sought to acquire' requirement. USCIS's 2025 policy update generally uses the Final Action Dates chart for determining visa availability for CSPA age calculations for new cases, while limited transition rules apply to certain adjustment cases that were pending before August 15, 2025. Because CSPA calculations are fact-specific, a child approaching age 21 should be evaluated promptly.
No. The fiscal-year numerical limits reset on October 1, 2026, but that does not mean EB-2 India will automatically become current. The Department of State must establish new Visa Bulletin cutoff dates based on available numbers and demand for FY2027. Applicants should wait for the new Visa Bulletin rather than assuming that a fiscal-year reset eliminates the backlog.
No. An EB-1 petition must independently qualify under EB-1A, EB-1B, or EB-1C requirements. If the beneficiary has an eligible earlier priority date, 8 CFR § 204.5(e) may permit retention of that date for the new qualifying petition. The applicant still must satisfy the EB-1 requirements and the applicable Visa Bulletin rules.
No. An approved EB-2 I-140 does not itself create an EB-3 classification. A qualifying EB-3 petition must be filed and approved based on the applicable employment, labor-certification, and classification requirements. If an I-485 is pending, a separate adjustment-basis transfer may be possible in appropriate circumstances.
Official U.S. Government References
• U.S. Department of State Official Visa Bulletin: travel.state.gov/visa-bulletin
• USCIS Form I-140 Immigrant Petition Guidance: uscis.gov/i-140
• USCIS Visa Bulletin Filing Information: uscis.gov/visabulletininfo
• USCIS Policy Manual — CSPA: USCIS Policy Manual