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U.S. State Department warns India EB-1 green cards may run out soon

The State Department says the EB-1 green-card quota for India could be exhausted before the fiscal year ends, potentially making the category unavailable.

The U.S. Department of State cautioned in its August 2026 Visa Bulletin that the Employment-Based First Preference (EB-1) green-card allocation for India is at risk of being fully used before the fiscal year concludes on September 30. High demand and visa usage by Indian nationals could trigger the “U” designation, which stops any further issuance of visas in that preference. Currently, the Final Action Date for India remains October 15, 2022, and the Dates for Filing chart shows December 1, 2023, but these could change if the quota is exhausted.

The department said it will keep watching the numbers and make any necessary adjustments. By contrast, the EB-1 category stays current for most other countries, including Mexico and the Philippines, while China’s final date is July 1, 2023. India’s EB-2 category is already marked unavailable, with a filing date of January 15, 2015, on the chart.

Why it matters

Indian applicants risk losing access to a key employment-based immigration pathway if the EB-1 quota is filled.

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