Visa Notices Issued by the United States State Council The July 2026 bill raises another challenge for Indian applicants seeking employment-based green cards, declaring EB-2 and unreserved EB-5 unavailable while also delaying the EB-1 final action date by two months.
The announcement comes as the U.S. approaches the final quarter of fiscal year 2026, indicating huge demand from Indian applicants for a limited number of employment-based immigrant visas.
U.S. visa announcement in July: EB-2 and EB-5 categories are not applicable to Indian job seekers
EB-1 Final Action Date India Moved backward from December 15, 2022 in June to October 15, 2022 in July. Therefore, only applicants with priority dates before October 15, 2022, will be eligible for final approval provided they meet other eligibility criteria.
In explaining this adjustment, State Council It cited “high demand and volume usage” and warned that “it may be necessary to further roll back or make the category unavailable” before the end of the financial year on September 30.
The most significant setback is for Indian applicants in the EB-2 category, which involves professionals with advanced degrees and individuals of exceptional ability.
In July, the category was designated “U,” or unavailable, in stark contrast to the final action date of September 1, 2013, indicated in the June announcement. The U.S. State Department said India’s prorated EB-2 limit has been exhausted, rendering the category unavailable for the remainder of fiscal year 2026.
Therefore, EB-2 immigrant visa numbers cannot be assigned to Indian applicants until the annual limits are reset at the beginning of fiscal year 2027 on October 1, 2026.
The U.S. Department of State mentioned that the EB-2 India final action date is expected to progress in October to at least the date released in the May 2026 announcement. However, the actual deadline will depend on demand from Indian applicants and employment visa allocations for FY2027.
Additionally, unreserved EB-5 India is also listed as unavailable, with the final action date changed from May 1, 2022 in June to “U” in July. This category is for investors applying outside the pool set aside for rural, high unemployment and infrastructure investment.
The department similarly stated that unreserved EB-5 India will remain unavailable for the remainder of fiscal year 2026. The final action date for this category is expected to be brought forward in October to at least the deadline announced in the June announcement, although this change will depend on demand and new annual allocations.
The EB-3 and EB-4 categories provide limited relief.
Not all employment-based categories experienced regression.
The final action date for EB-3 Skilled Workers and Professionals has moved slightly from December 15, 2013 to January 1, 2014. Cutoff dates for other worker categories have experienced the same advancement.
EB-4 involving certain special immigrants has been moved forward two months, from July 15, 2022 to September 15, 2022.
Despite this progress, India’s EB-3 application backlog remains more than 12 years old, underscoring the long wait experienced by Indian professionals in the traditional employment-based green card system.
The submission date remains unchanged.
There is no change in the application date sheet for any Indian employment category.
The filing date for EB-1 is December 1, 2023, while the filing date for EB-2, EB-3, and other workers remains January 15, 2015. The EB-4 date remains January 1, 2023, and the unreserved EB-5 date remains May 1, 2024.
The submission chart specifies when applicants can begin submitting documents, while the final action date chart indicates when visa numbers will be available for approval.
According to USCIS regulations, employment-based adjustment of status applicants need to refer to the July final action date chart. Therefore, applicants wishing to file Form I-485 must have a priority date that is earlier than the relevant final action date.
This situation resulted in Indian applicants for EB-2 and Unreserved EB-5 being unable to file applications under these categories in July as both were marked as unavailable.
Previously submitted applications can remain pending; however, final green card approval cannot be granted until a visa number is obtained.
The EB-5 reserved category remains in effect.
All three EB-5 set-aside categories are currently available to applicants from all countries, including India and China.
These categories include investments in rural areas, areas with high unemployment and infrastructure projects. Because of their current status, eligible applicants will not encounter priority date deadlines and may have the opportunity to file both an immigration application and an adjustment of status application simultaneously under USCIS regulations.
Although the unreserved EB-5 queue has closed, the reserved category has become one of the few backlog-free employment pathways for Indian applicants.
The family-sponsored category showed selective gains.
Progress for certain family sponsorship categories in India has been limited compared to the challenges faced by employment-based applicants.
Final action date for family support – India (July 2026)
Announcements in July presented a more optimistic outlook for various categories of home sponsorship in India.
The F1 final action date for unmarried adult children of U.S. citizens has been moved up five months, from September 1, 2017 to February 1, 2018.
The F2B category (for unmarried adult children of lawful permanent residents) has been advanced from September 22, 2017 to November 22, 2017. The F3 category (for married children of U.S. citizens) has been brought forward from February 15, 2012 to April 15, 2012.
Instead, the F2A deadline for permanent resident spouses and minor children remains unchanged at January 1, 2025, and the F4 category deadline for siblings of adult U.S. citizens continues at November 1, 2006.
For Indian majors, the July communiqué is a sign of mounting pressure as the financial year-end approaches.
Possess EB-2 without reservation EB-5 Because the option is unavailable and EB-1 is back in reverse again, the additional restrictions cannot be lifted until visa allocations reset on October 1.
How does this impact H-1B holders from India?
The July announcement underscores an important reality: The employment-based immigration backlog of Indian nationals is the worst within the U.S. immigration framework.
Even highly qualified professionals who are sponsored by their employer often encounter waiting periods of several years due to country restrictions and annual caps.
Points to consider:
In July, the final action date for EB-1 India will be pushed back two months, while the final action date for EB-3 India will be moved up two weeks.
The final action date for EB-3 China will be brought forward nearly five months.
Most other employment-based final action dates will be moved up or remain unchanged.
EB-2 India and EB-5 India will continue to be unavailable for the remainder of the fiscal year.
USCIS will allow employment-based adjustment of status applications for aliens with priority dates that are earlier than the final action date specified in the Department of State’s July Visa Bulletin.
