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Quick Hits
- The State Department has exhausted all EB-2 immigrant visa numbers for India-chargeable applicants in FY 2026.
- Embassies, consulates, and USCIS cannot issue or approve EB-2 India cases for the remainder of the fiscal year.
- Annual visa limits will reset on October 1, 2026, at the start of FY 2027.
The Immigration and Nationality Act (INA) imposes both category-based and per-country limits on employment-based immigrant visas. Under INA Section 203(b)(2), the EB-2 category receives 28.6 percent of the worldwide employment-based visa allocation each fiscal year. Additionally, INA Section 202(a)(2) caps natives of any single country at seven percent of the combined total of employment-based and family-sponsored visas, prorated among categories under INA Section 202(e).
Because all available EB-2 visas for India-chargeable applicants in FY 2026 have been issued, no new EB-2 India immigrant visas can be issued through consular processing, and pending adjustment of status applications cannot be approved for the remainder of the fiscal year. Pending cases are not denied; they remain pending until visa numbers become available.
Key Takeaways
Employers sponsoring Indian national employees in the EB-2 category should be aware that no further green card approvals in this category will occur until the new fiscal year begins.
The annual limits will reset with the start of FY 2027 on October 1, 2026. At that point, embassies and consulates may resume issuing immigrant visas, and USCIS may resume adjudicating adjustment of status applications in the EB-2 India category for qualified applicants.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.
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