The United States has warned that employment-based first-preference (EB-1) green cards for Indian professionals could become unavailable before September 30, as high demand puts pressure on the number of immigrant visas available under the category.
The warning was issued in the September Visa Bulletin from the US State Department. It comes as Indian applicants already face significant backlogs across several employment-based green card categories.
Why EB-1 availability is under pressure
EB-1 is an employment-based green card category for priority workers. It covers people with extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers.
The State Department said that high demand and the use of visa numbers by applicants chargeable to India could result in the EB-1 category becoming unavailable in the coming weeks if India’s pro-rated limit is reached before the US fiscal year ends on September 30.
The department also said the situation would continue to be monitored and that necessary adjustments could be made.
This does not mean EB-1 green cards for Indians have already been stopped. The warning concerns the possibility that the available visa numbers could be exhausted before the end of the fiscal year.
EB-1 India cutoff date remains October 15, 2022
For September, the EB-1 final action date for India is October 15, 2022.
In general, an applicant’s priority date needs to be earlier than the applicable final action date for a visa number to be available for final action, subject to other eligibility requirements.
The September Visa Bulletin’s dates-for-filing chart provides a later date of December 1, 2023, for EB-1 India. However, applicants seeking adjustment of status in the US must check which chart the US Citizenship and Immigration Services has authorised for that particular month.
Other green card categories also face constraints
The pressure on Indian employment-based applicants extends beyond EB-1.
India’s EB-2 category is listed as “U”, meaning unavailable, in the September Visa Bulletin. The State Department uses this designation when visa numbers are not authorised for issuance in that category during the relevant period.
The EB-3 category also has a substantial backlog, with its final action date stretching back to January 1, 2014 for India.
Meanwhile, India’s unreserved EB-5 category is also unavailable for final action in September. The set-aside EB-5 categories for rural projects, high-unemployment areas and infrastructure remain current for all countries.
What the warning means for Indian applicants
The immediate concern is the availability of visa numbers before September 30, which marks the end of the US fiscal year.
If the pro-rated EB-1 allocation for India is exhausted before that date, the category could become unavailable for the remainder of the fiscal year. The State Department has indicated that it will continue monitoring demand and visa-number usage.
The situation is particularly significant for Indian professionals because employment-based green card applicants from India are already dealing with long queues and restrictions in multiple categories.