E-Paper
Green Card delay for Indians takes another turn: Which categories are unavailable or at risk? What to know
The September 2026 US Visa Bulletin shows mixed results for Indian green card applicants.
The September 2026 US Visa Bulletin brings a mixed picture for Indian green card applicants. While some family-sponsored categories have moved forward, several employment-based categories remain severely constrained, with two India-specific categories listed as unavailable and the State Department warning that another could run out of visa numbers before the end of the fiscal year.
The September bulletin is particularly important because it covers the final month of fiscal year 2026, which ends on September 30. The State Department has warned that visa categories can become unavailable before the fiscal year ends when annual, category or per-country limits are reached.
EB-2: Unavailable
The biggest restriction for Indian employment-based applicants is EB-2 India. The category is marked “U” unavailable, in the September Final Action Dates chart.
That means no immigrant visa numbers are authorized for EB-2 India during September. Applicants whose cases fall under EB-2 India cannot receive final approval requiring an immigrant visa number while the category remains unavailable.
The State Department has also warned that increased demand and visa number use could require further retrogression or unavailability in the EB-2 category before the end of fiscal year 2026.
For Indian professionals who have been waiting years for employment-based green cards, this means the September bulletin does not provide a final action date for EB-2 India.
EB-5: Unavailable
EB-5 India, unreserved, is also listed as unavailable in September.
The restriction applies to the regular, unreserved EB-5 category. However, Indian applicants should distinguish this from the three EB-5 set-aside categories created for specific investments.
The Rural, High-Unemployment and Infrastructure EB-5 set-aside categories are all listed as current for India in September.
The State Department has nevertheless warned that demand and increased visa number use in the unreserved EB-5 category could require further retrogression or make the category unavailable before the fiscal year ends.
EB-1 at risk of becoming unavailable
The category Indian applicants need to watch most closely is EB-1.
The September Final Action Date for EB-1 India remains October 15, 2022. But the State Department has issued a specific warning that high demand and visa number usage by applicants chargeable to India could force EB-1 India to become unavailable in the coming weeks if the country's pro-rated limit is reached before September 30.
This does not mean EB-1 India is currently unavailable. It remains open to applicants whose priority dates are earlier than the October 15, 2022 cutoff. But the warning signals that the situation could change quickly before the fiscal year closes.
What happens on October 1?
The end of fiscal year 2026 does not necessarily mean an unavailable category will remain closed permanently. The annual immigrant visa numbers reset with the start of the new fiscal year on October 1, 2026, although the applicable cut-off dates can change depending on demand and visa availability.
For now, Indian applicants should therefore distinguish between categories that are already unavailable, EB-2 India and EB-5 India unreserved, and categories that remain available but face a warning, particularly EB-1 India.
The State Department says it will continue monitoring demand and make adjustments where necessary.
