The US Department of State’s July 2026 Visa Bulletin has brought a setback for Indian employment-based green card applicants, with the EB-2 India and EB-5 Unreserved categories becoming “Unavailable” after annual visa limits were reached.
The move comes as the US government approaches the end of Fiscal Year (FY) 2026, with high demand putting pressure on employment-based immigrant visa numbers. The “Unavailable” status means no additional immigrant visa numbers can be issued in these categories until new allocations become available at the start of the next fiscal year on October 1, 2026.
The US Citizenship and Immigration Services (USCIS) has also confirmed that applicants filing employment-based adjustment of status applications in July must continue using the Final Action Dates chart.
Why did EB-2 India become ‘Unavailable’?
The EB-2 India category, which covers professionals with advanced degrees or individuals with exceptional ability, has reached its annual visa limit for FY2026.
Immigration advisory firm Newland Chase said the latest Visa Bulletin reflects increasing pressure on employment-based immigrant visa availability as demand continues to exceed the number of visas allocated under annual limits.
Global law firm Morgan Lewis said the annual limit for India’s EB-2 category has been exhausted, meaning “no further requests for visa numbers will be honored until the next fiscal year.”
For applicants waiting for final green card approval, this means cases cannot receive final adjudication until fresh visa numbers become available after October 1, 2026.
What happened to EB-5 Unreserved for Indian applicants?
The July 2026 Visa Bulletin also lists the EB-5 Unreserved category for India as “Unavailable.”
The category, which includes EB-5 applicants not covered under reserved visa set-asides, has reached its FY2026 annual allocation. Applicants in this category will have to wait until the next fiscal year begins before new visa numbers can be issued and approvals can move forward.
What does ‘Unavailable’ mean for green card applicants?
An “Unavailable” designation does not mean an applicant’s petition has been rejected or cancelled. It means that visa numbers for that category and country have been fully used for the fiscal year.
Immigration experts say visa availability remains a key factor determining when approved employment-based petitions can move toward final green card issuance.
Newland Chase advised employers and applicants to continue preparing immigration filings, including PERM labor certifications and I-140 petitions, so eligible cases are ready when visa numbers become available again.
The firm also suggested that some applicants explore alternative employment-based categories, including EB-1 where eligible, although that category has also experienced recent retrogression.
Department of State has warned of possible further retrogressions in oversubscribed employment-based categories if demand continues to outpace available visa numbers through the remainder of FY2026.
