EB-2 Priority Date India: Major changes for July 2026

 If you are an Indian national interested in becoming a permanent resident of the United States, an EB-2 visa is an attractive option. With the FY 2027 H-1B cap now reached, many applicants are exploring alternative or longer-term pathways to remain in the U.S.

This is especially true if you already have an H-1B non-immigrant visa, as the EB-2 requirements often align. EB-2 visas are for people with advanced degrees or exceptional ability. This Green Card classification typically requires employer sponsorship, unless you’re applying under the National Interest Waiver (NIW).

While the wait time can be years longer for an EB-2 compared to an EB-1 visa, especially for applicants from India, the qualifications aren’t as restrictive. If you are seeking an EB-2 or considering this path, understanding how your priority date works is essential.

Important: For July 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-2 priority date for India?

Under the July 2026 Visa Bulletin, the EB-2 India filing cut-off date is unavailable. This means EB-2 applicants from India cannot receive a Green Card until the next fiscal year, as the government has reached the annual cap.

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.

Why is there an EB-2 Green Card backlog for India?

We know the long wait time for an EB-2 Green Card is frustrating. Unfortunately, the sheer volume of qualified applicants from India for employment-based Green Cards outstrips the number of visas available each year.

U.S. law states that no single country can receive more than 7% of the total available employment-based immigrant visas in a fiscal year. The country’s population or number of qualified applicants doesn’t matter. That’s why India has its own set of priority dates in the Visa Bulletin, along with other countries such as China, Mexico, and the Philippines.

Luckily, you can keep your priority date even if you change employers while waiting for a current priority date. You can also port your priority date if you decide to change to a different employment-based visa category, such as an EB-1 Green Card (more on that later). In these cases, you will have to let USCIS (U.S. Citizenship and Immigration Services)  know that you already have a priority date. When your new employer files an I-140 petition, for example, you have to note your priority date. 

Applicants can also request to use their spouse’s country of birth – if the spouse was born in a country with a shorter waiting time – through a process known as cross-chargeability. 

How to read the Visa Bulletin for EB-2 India applicants

The Visa Bulletin, published monthly by USCIS and the U.S. Department of State, breaks down current priority dates by visa type (e.g., employment-based or family-sponsored) and provides monthly cut-off dates that determine whether immigrant visa numbers are available.

Checking the Visa Bulletin every month and knowing how to read the chart is essential for anyone tracking their EB-2 Green Card timeline. It can give you a general sense of your place in line, although current priority dates can shift significantly based on several factors. Generally, next month’s bulletin is available around the middle of the current month.

When you open the Visa Bulletin, here are four steps to help you find the current priority dates for EB-2 visa applicants from India.

1. Find out which dates the government is using.

There are two possible charts of dates for each visa category: a Dates for Filing chart and a Final Action Date chart. Every month, the U.S. government chooses which chart it will use to determine the priority dates that are current. USCIS will say on its website which chart it’s using, though most of the time, it will use the Final Action Date.

When you check the current month’s Visa Bulletin, double-check that the chart you’re looking at is the correct one. 

Generally, for adjustment of status, USCIS will use “Dates for Filing” to allow applicants to submit their Green Card applications and “Final Action Dates” to indicate when a Green Card can be approved and issued. 

2. Find charts under “Employment-Based Preference Cases.”

The Visa Bulletin includes charts for family-sponsored preference and employment-based preference filings, as well as several other visa categories. If you are applying for a Green Card through an EB-2 visa, find the employment-based visa charts.

3. Determine if your priority date is current.

An EB-2 visa is the second preference category for employment-based visas, so look for the row showing that “2nd” category and the “India” column. The date listed there is the cut-off date for people with India as their country of chargeability. If your priority date is on or before that cut-off date, your date is current and you can apply for a Green Card

4. Consider filing for a Green Card as soon as possible.

If your priority date is current according to this month’s chart, consider taking the next step toward a Green Card ASAP. This means filing Form I-485 if you are within the U.S. or going through consular processing if you are not. If you are going through consular processing, remember that the Final Action Date chart will always decide if your priority date is current. If you are in the U.S., filing Form I-485 can also grant other permissions, such as work and travel authorization.

It’s important to remember that priority dates on the Visa Bulletin can retrogress, meaning they can move backward. So even if your priority date is current this month, there’s no guarantee it will remain current in the following month.

If you have questions about your priority date or what to do next in the Green Card process, request a consultation with Manifest today!

Consider porting your priority date to EB-1 or EB-3

Once your priority date is established, it is generally yours to keep as long as you list it on future filings. Depending on the backlogs and your personal situation, it might make sense to change what Green Card you’re petitioning for.

• EB-1 upgrade: If you can apply for an EB-1 visa, the backlog for India is usually much shorter. But for this category, you will have to prove that you have extraordinary ability in your field, with major awards, recommendations, and supporting documentation. You can work with an EB-1 visa attorney to port your EB-2 priority date into the EB-1 queue.

This category is also available for Multinational Managers and Outstanding Researchers. 

• EB-3 downgrade: On rare occasions, the EB-3 visa backlog for India might move slightly faster than the EB-2 category. This type of visa is for less-skilled workers, meaning you don’t need to prove the same training or recognition in your field. You can port your priority date into the EB-3 queue by filing a new Form I-140, but you should talk with an attorney who understands Visa Bulletin trends before making any changes.

Get more help with knowing your EB-2 priority date

Knowing your priority date and how it functions with the charts released by USCIS is necessary to understand your Green Card wait time. When you find out your priority date is current, you want to work fast and file a strong Green Card application. The immigration lawyers at Manifest Law have years of experience helping applicants in every stage of the Green Card process.