EB-1 Priority Dates for India: June 2026 Updates

Every month, the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State decide the current priority date for people applying for employment-based Green Cards. The U.S. government sets a current priority date specifically for immigrant visas born in India since demand is extremely high, as well as for applicants from countries like China, the Philippines, and Mexico. 

Your priority date is the day USCIS receives your EB-1 Green Card petition, but you can’t submit a change of status to receive your Green Card until your priority date is current. Because of this, India-born foreign nationals often have to wait longer than people from other countries to receive their EB-1 or other employment-based Green Cards.

Important: For June 2026, USCIS has determined it will use the Final Action Dates chart on the Visa Bulletin when determining which applicants are able to apply for adjustment of status for an employment-based Green Card. Previously, USCIS was using the Dates for Filing Chart, which allows applicants to file sooner.

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

Under the June 2026 Visa Bulletin, the EB-1 India filing cut-off date is April 1, 2023. USCIS has also clarified it will use the Final Action Dates chart to determine eligibility for adjustment of status. 

Note: If you are outside the United States, you will move forward through consular processing once your case becomes eligible, rather than filing Form I-485.

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

In 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 their Form I-485. If “date for filing” is used, the process is sped up a little compared to when the government uses “final action date.” 

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 your wait time is over, and you can proceed with your Green Card journey by submitting an Adjustment of Status application, Form I-485. This is assuming you are already within the U.S. – if you are outside the country, you must go through consular processing for your visa. 

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 you use to determine when you may submit an adjustment of status application (Form I-485) if USCIS has announced that it will accept filings under the Dates for Filing chart for that month.

In June 2026, the cut-off date for India-born EB-1 applicants will be December 15, 2022, based on the Final Action Dates chart.

If your priority date is current or earlier than April 1, 2023, you may be able to file Form I-485.

If your priority date is on or before April 1, 2023, and you are in the EB-1 category from India, you may file Form I-485 in as long as USCIS continues to use the Dates for Filing chart.

2. Final action date

Your final action date is the cut-off date when a visa number is available. Typically, this date is further in the past, i.e., you often have to wait longer for your final action date to become current. 

You can file if your priority date is before the filing date (when USCIS allows), but you can only be approved when your priority date is before the final action date.

In June 2026, the final action date for India is December 15, 2022. Even if you’ve already filed Form I-485, you cannot expect final approval (i.e., issuance of a visa number or approval of I-485) until your 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 you’re already in the U.S., consider filing Form I-485, adjustment of status, as soon as possible. This is your official application to adjust into the green card from your visa status, such as from an H-1B visa or L-1 visa. 

The Department of State uses the dates for filing chart to trigger consular processing. If you’re outside the U.S. and your priority date is current on the filing date chart, you can begin submitting your documents to the Department of State. You’ll apply via consular processing at a U.S. embassy or consulate in your country after your interview is scheduled, and, if approved, your Green Card can be issued when your final action date is 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 your 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, your 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. 

Understand the EB-1 Green Card process

Qualifying for an EB-1 Green Card means that you showcase extraordinary ability, but if you were born in India, it also means you will likely have to wait in a backlog of visa applicants. Checking the visa bulletin every month will give you a sense of where you are in line. 

When your 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.