The June 2026 Visa Bulletin from the U.S. Department of State reveals notable regressions in both the EB-1 and EB-2 categories, posing significant challenges for Indian applicants seeking employment-based immigrant visas as demand continues to escalate.
Adjustment in EB-2 and EB-1 Categories
In the latest Visa Bulletin, EB-2 India has retrogressed by more than 10 months, reverting to a cutoff date of September 1, 2013. Similarly, EB-1 India has seen a decline of over three months, now reflecting a cutoff of December 15, 2022. The State Department has cautioned that more categories may become “unavailable” by September 30, 2026, coinciding with the end of the fiscal year. In contrast, EB-3 India has progressed minimally, moving forward by just one month to December 15, 2013, while EB-3 China will advance by six weeks, now reaching August 1, 2021. Fortunately, the EB-5 deferred category remains current across all countries, offering one of the few accessible immigrant visa pathways for many applicants.
Challenges for Employers and Foreign Nationals
The Visa Bulletin underscores the persistent high demand within India’s EB-1 and EB-2 categories. The nearly one-year regression of EB-2 is set to affect thousands of applicants seeking to adjust their status, likely delaying the final approval of countless green card applications currently in process.
The backsliding in the EB-1 category is particularly striking given its historically rapid processing rates and increasing utilization. The State Department’s explicit warning regarding the potential for further regressions and possible category closures by the fiscal year’s conclusion has raised alarms among stakeholders.
Gradual Progress for EB-3
Despite the setbacks in EB-2 India, the EB-3 category has made gradual advancements, reaching a cutoff date of December 15, 2013. This development continues to narrow the gap between the EB-2 and EB-3 categories. For some applicants, strategies involving interfiling or downgrading their applications might need reassessment, depending on their priority dates and the current legal landscape.
EB-5 Retains Status as a Viable Option
The EB-5 program, particularly the reserved categories targeting rural areas, high unemployment regions, and infrastructure projects, remains current for all applicants, including those from India and China. This status makes EB-5 an appealing alternative for applicants facing extensive backlogs in the EB-1 and EB-2 categories, especially since concurrent filing options are still in effect. However, USCIS representatives have indicated that the EB-5 Indian Unreserved category might also face future challenges if its pace of advancement continues at the current rate.
Filing Guidelines from USCIS
The Department of State’s filing schedule for June remains unchanged. USCIS has reiterated that adjustment applicants must refer to the final action date for submissions in June.
Monitoring Future Changes
The June Visa Bulletin serves as a reminder of the fluctuating availability of employment-based immigrant visas as the government approaches the end of the third quarter and the fiscal year in September. Employers and foreign nationals are advised to keep a close eye on forthcoming visa bulletins, reevaluate their application strategies, and consider alternative pathways as necessary. The warning from the Department of State regarding the likelihood of additional setbacks and category closures in the upcoming months adds urgency to these considerations.
