EB‑1 Priority Dates for India: October 2026 Updates

Understanding the EB-1 priority date for India is essential for managing the Green Card timeline. Each month, the U.S. Department of State issues the Visa Bulletin, which tracks cutoff dates for immigrant visas.

Because demand for EB-1 visas from India consistently exceeds the statutory annual caps, the cutoff dates determine when applicants can file. For October 2026, U.S. Citizenship and Immigration Services announced that employment-based applicants may use the Dates for Filing Chart to submit Form I-485 adjustment of status applications. In recent months, USCIS has alternated between using the Dates for Filing and Final Action Dates charts.

What is the current EB-1 priority date for India?

Under theOctober 2026 Visa Bulletin, the EB-1 India final action date is February 1, 2023. Because USCIS is accepting the Dates for Filing chart for employment-based cases in October, applicants in the U.S. can file Form I-485 if their priority date is earlier than the filing date shown below.

Note: If the applicant is outside the United States, they will move forward through consular processing once their case becomes eligible, rather than filing Form I-485.

An applicant’s EB-1 priority date is established on the date USCIS receives and accepts a properly filed Form I-140. Once that date becomes current on the Visa Bulletin, the applicant is eligible to move forward with the Green Card application.

Final action dates vs. filing dates for India on the Visa Bulletin

Each month, the State Department publishes two charts in the Visa Bulletin: Dates for Filing and Final Action Dates. USCIS then announces which chart adjustment of status applicants must use to file Form I-485 that monthIn creating the Visa Bulletin each month, the federal government has discretion to use either the “date for filing” or “final action date” to determine when people can file their adjustment of status, also known as theirForm I-485. If “date for filing” is used, the process is sped up a little compared to when the government uses “final action date.”

For October 2026, USCIS is accepting I-485 filings under the Dates for Filing chart after requiring Final Action Dates since May. If your EB-1 priority date is on or before July 1, 2024, you may be able to file now. USCIS chooses the chart each month, so this window may not stay open.

An EB-1 priority date indicates a person's spot in line in the application process for the first preference, employment-based Green Card. Again, India has a specific priority date because the U.S. is such a popular destination for people born in India to immigrate to (the same situation is true for China and for certain categories for the Philippines).

A current priority date (or one that is earlier than the date of filing on the Visa Bulletin) means the applicant can submit an Adjustment of Status application, Form I-485. This is assuming they are already within the U.S. Outside the country, the applicant must go through consular processing.

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However, this process is complicated by the fact that every month, USCIS can change how it decides priority dates in selecting permanent residents. There are two categories USCIS can pick from:

1. Date for filing

Dates for filing (sometimes called the “filing date” chart) is the cut-off date to determine when the applicant may submit an adjustment of status (Form I-485) if USCIS has announced that it will accept filings under the Dates for Filing chart for that month.

In October 2026, the cut-off date for India-born EB-1 applicants will be July 1, 2024, based on the Dates for Filing chart.

If the priority date is current or earlier than July 1, 2024, the applicant may be able to file Form I-485.

2. Final action date

The final action date is the cut-off date when a visa number is available. Typically, this date is further in the past, meaning a longer wait for the final action date to become current.

The applicant can file if the priority date is before the filing date (when USCIS allows), but the petition can only be approved when an applicant’s priority date is before the final action date.

In October 2026, the final action date for India is February 1, 2023. Even if the applicant has already filed Form I-485, final approval (i.e., issuance of a visa number or approval of I-485) must wait until the priority date is on or before this date.

For most months of the year, USCIS typically uses the final action date chart as the priority date. Historically, the government has opted for a filing date of a few months, starting with the October 2025 Visa Bulletin.

If you have a current priority date and are interested in filing your I-485,request a consultation with Manifest.

What should you do once your EB-1 priority date is current for India?

If your priority date is current and the applicant is already in the U.S., they may file Form I-485, adjustment of status. This is the official application to adjust into the Green Card from another visa status, such as from anH-1B visa orL-1 visa.

The Department of State uses the Dates for Filing chart to start consular processing. When a priority date meets the cutoff, the applicant submits documents to the National Visa Center. An immigrant visa can be issued after an embassy interview and once the Final Action Date becomes current.

Filing your I-485 comes with several benefits as your document is pending. You can stay in the U.S. even if your earlier status (like an H-1B visa) lapses. You also get work authorization, which means you can work for any employer, and a travel authorization document. These authorizations remain in effect until USCIS decides on your I-485.

What affects the EB-1 priority date for India?

The U.S. sets an annual limit on the total number of family-based and employment-based Green Cards, and each country has a cap of 7% of this worldwide total, regardless of population. There is immense demand for EB-1 Green Cards from India-born nationals, but not enough visas are available every fiscal year because of the per-nation cap. This results in the U.S. government moving the cut-off for priority dates backward, a process known as retrogression.

For example, one month USCIS might say the applicant’s priority date is current. But if demand spikes, the government can retrogress the cutoff date in the following month’s Visa Bulletin to an earlier date. If this happened, the priority date would no longer be current.

There are similar caps for foreign nationals born in India applying for other Green Cards, like family-sponsored preference visas.

India is not the only country with special EB-1 cut-off dates – China has its own current priority dates.

This article is for general information only and is not legal advice. If your Form I-485 is denied, consult with an immigration attorney right away to understand your options. Manifest Law is here to help.Request a consultation here.

What’s next for the EB-1 India priority date? Predictions and outlook

For the October 2026 Visa Bulletin, the EB-1 India cutoff date advanced as the new fiscal year opened and fresh visa numbers became available. Future movement throughout the year typically depends on demand from EB-1 filings, Department of State annual limits, and spillover visa calculations. Spillover occurs when unused immigrant visas from other preference categories or lower-demand countries are reallocated to high-demand countries like India.

Department of State data from October 2021 through October 2026 shows how cutoff dates move over time:

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The timeline shows dates don’t move in a straight line. While the new fiscal year brings new visa slots, that hasn’t always led to forward jumps. And jumps can be followed by flat periods or backward moves when annual limits fill up.

While applicants often scrutinize the Visa Bulletin closely to predict future dates, Henry Lindpere, senior attorney at Manifest Law, says to focus on readiness instead.

“No one can predict Visa Bulletin shifts,” Lindpere said. “But when a priority date gets close to becoming current, applicants should start preparing. Schedule medical exams and work with counsel to be ready.”

Understand the EB-1 Green Card process

Qualifying for an EB-1 Green Card means that the applicant showcases extraordinary ability, but if they were born in India, it also means waiting in a backlog of other visa applicants. Checking the visa bulletin every month will give you a sense of where you are in line.

When the priority date becomes current, the next step toward receiving a Green Card is to apply for it promptly and accurately. That could mean applying at a U.S. embassy or consulate, or by filing for an adjustment of status using Form I-485.Manifest's Green Card lawyers have experience working with individuals at all stages of the process.

Request a consultation with Manifest if you have more questions about applying for the EB-1 Green Card as an India-born national.

Frequently asked questions

Will EB-1 India become current in 2026?

EB-1 India will likely not become current in calendar year 2026 because visa demand exceeds annual caps.

Will EB-1 dates move for India?

Generally yesYes, EB-1 dates for India shift based on monthly Visa Bulletin releases. Cutoff dates can move forward, stall, or move back as annual visa slots fill up.

Why is EB-1C India not moving?

High filing counts from manager petitions create strong competition for visa slots. Sponsoring employers must satisfy EB-1C eligibility and requirements before an employee can apply for a Green Card.

How does the EB-1A priority date for India compare to EB-1C?

EB-1A and EB-1C share the same cutoff date on the Visa Bulletin for India. Meeting the EB-1A eligibility criteria depends on individual talent instead of a job offer.