US Green Card Alert: EB-1 Visa for Indians May Become Unavailable Soon, Warns State Department

The US Department of State has issued an important update for Indian professionals waiting for employment-based Green Cards. According to the August 2026 Visa Bulletin, the Employment-Based First Preference (EB-1) category for India could soon become temporarily unavailable if the country's annual visa allocation is exhausted before the current US fiscal year ends on September 30, 2026.

The warning comes amid exceptionally high demand from Indian applicants and could temporarily pause the issuance of new EB-1 Green Cards until the next fiscal year begins.

Why Is the EB-1 Category at Risk?

The US government allocates a limited number of employment-based immigrant visas every fiscal year.

According to the Department of State, applications under India's EB-1 category have increased significantly, and visa numbers are being used rapidly. If India's allotted quota is fully utilised before September 30, no additional EB-1 Green Cards can be issued until fresh visa numbers become available in the next fiscal year.

The department stressed that the situation is being monitored closely and adjustments will be made if necessary.

What Does 'Unavailable' Mean?

Many applicants are concerned after seeing the word "Unavailable" mentioned in the Visa Bulletin.

When a visa category becomes Unavailable (U), it means that the annual quota for that category has been exhausted. As a result:

• No additional immigrant visa numbers can be issued.
• Green Card approvals under that category temporarily stop.
• Processing resumes only after new visa numbers become available in the next fiscal year.

Importantly, this does not mean applications are cancelled or rejected. It only delays final approval until visa numbers reopen.

Has the EB-1 Category Already Become Unavailable?

No.

The Department of State has only issued a warning that this could happen in the coming weeks if demand continues at the current pace.

As of the August 2026 Visa Bulletin, India's EB-1 category remains active, with a Final Action Date of October 15, 2022.

Eligible applicants whose priority dates are earlier than this date may still receive visa numbers while availability continues.

Latest EB-1 Priority Date for India

For August 2026, the Visa Bulletin lists:

• Final Action Date: October 15, 2022
• Dates for Filing: December 1, 2023

Applicants with priority dates earlier than the Final Action Date may proceed toward final Green Card approval, subject to visa availability.

However, if the category becomes unavailable before September 30, approvals could temporarily pause even for otherwise eligible applicants.

How Does India Compare With Other Countries?

India continues to experience significantly higher demand for employment-based Green Cards than most other countries.

While India's EB-1 category has a cut-off date, the category remains Current for many countries, including:

• Mexico
• Philippines
• Most other chargeability areas

China also has a waiting period, with a Final Action Date of July 1, 2023, but India's backlog remains among the longest.

EB-2 Category Already Unavailable for India

The challenges are even greater for applicants under the Employment-Based Second Preference (EB-2) category.

In the August 2026 Visa Bulletin, India's EB-2 Final Action Date is listed as "Unavailable (U)."

Although the Dates for Filing remain open for applicants with priority dates before January 15, 2015, no immigrant visa numbers are currently available for final approvals under EB-2.

This highlights the continued pressure on employment-based immigration quotas for Indian professionals.

Who Is Most Likely to Be Affected?

The potential suspension primarily affects Indian professionals applying under the EB-1 category, including:

• Executives and managers of multinational companies.
• Outstanding professors and researchers.
• Individuals with extraordinary ability in science, business, education, arts, or athletics.

Applicants whose cases are approaching final approval may experience delays if the annual visa quota is exhausted before the end of the fiscal year.

What Should Applicants Do Now?

Applicants with eligible priority dates should continue monitoring updates from the US Department of State and US Citizenship and Immigration Services (USCIS).

Since visa availability can change monthly, applicants should remain in close contact with their immigration attorneys or employers to ensure all documentation is complete and ready if visa numbers remain available.

Even if the category becomes temporarily unavailable, processing is expected to resume once the new fiscal year's visa allocation begins.

Final Thoughts

The latest US Visa Bulletin serves as an important reminder of the growing demand for employment-based Green Cards among Indian professionals. Although the EB-1 category remains open as of August 2026, the US Department of State has warned that it could become temporarily unavailable if India's annual visa quota is exhausted before September 30. Applicants should understand that such a move would represent a temporary pause in visa issuance rather than a cancellation of applications. Keeping track of monthly Visa Bulletins and ensuring all immigration documents are in order will be crucial for those waiting for permanent residency in the United States.