Quick take: As of the September 2026 Visa Bulletin, EB-1 India has a Final Action Date of Oct 15, 2022 with ~4-5 year projected waits for new filers. EB-2 India is completely Unavailable until FY 2027 begins on October 1, 2026 — and NFAP estimates new EB-2 filers face waits of up to 179 years. If you're eligible, EB-1 is dramatically the better path.
Current Final Action Dates (September 2026)
| Category | India | China | Rest of World |
|---|---|---|---|
| EB-1 | October 15, 2022 | July 1, 2023 | Current |
| EB-2 | Unavailable (U) | September 1, 2021 | Current |
- EB-1 India: Priority dates earlier than October 15, 2022 are current for final action. State Department has warned high demand may force the category to unavailable before end of FY 2026 (Sep 30, 2026) if India's annual limit is reached.
- EB-2 India: Completely unavailable for the remainder of FY 2026. No new green cards can issue in this category for India-chargeable applicants until numbers reset on Oct 1, 2026. Earlier in the year, the Final Action Date had been around September 2013 before shutting.
Dates for Filing (used in some months for when applicants can submit I-485) are more favorable, but USCIS is currently requiring the Final Action Dates chart for employment-based adjustment filings.
Estimated Wait Times for New Filers (India)
NFAP analysis of USCIS data (late 2025 inventory, projected for 2026 filings):
| Category | Estimated Wait for India | Notes |
|---|---|---|
| EB-1 | 4-5 years | Shortest realistic path for most Indian professionals |
| EB-2 | Up to 179 years | Extremely long — massive backlog + per-country limits |
| EB-3 | ~38 years | Still very long |
These estimates reflect when a visa number is expected to become available — do not include USCIS processing time. Actual waits shift with demand, unused visas from other countries (spillover), or legislative changes.
Size of the Backlog (India Focus)
- EB-1 India: Relatively manageable. Estimated pending inventory ~50,000-52,000 (declined recently as cases moved forward). Queue is concentrated in more recent priority dates (mainly 2022-2023).
- EB-2 India: Enormous. Estimated ~731,000 Indians in the EB-2 backlog alone (as of December 2025). Forms the bulk of India's overall employment-based backlog (Indians account for ~79% of the total EB-1/EB-2/EB-3 backlog of roughly 1.26 million). The densest part sits in 2013-2014 priority dates.
Key Differences Summarized
| Aspect | EB-1 | EB-2 |
|---|---|---|
| Current Status (India) | Open (cutoff Oct 15, 2022); risk of temp. unavailability | Fully Unavailable until Oct 1, 2026 |
| Typical Wait (India) | 4-5 years | Decades to potentially 179 years for newest cases |
| Backlog Size | Smaller and improving | Massive and still very large |
| Who Qualifies | Extraordinary ability, outstanding profs/researchers, multinational execs/managers | Advanced degree holders or exceptional ability (PERM or NIW) |
| Advantage | Faster path; no labor cert in many cases | Broader eligibility for advanced-degree pros |
| Risk Level | Moderate (possible short-term unavailability) | High (category closed for rest of FY 2026) |
Why the Difference Exists
- Annual employment-based green cards are limited (~140,000 total, with per-country caps of ~7%).
- India generates far more demand than its annual allocation, especially in EB-2 (the most common category for Indian STEM professionals with master's degrees or higher).
- EB-1 has stricter eligibility criteria, so fewer people qualify and the queue moves faster.
- When demand exceeds the annual limit, categories become unavailable or retrogress until the next fiscal year.
Practical Implications for Indians / NRIs
- EB-1 is strongly preferred when eligible (extraordinary ability, outstanding researcher, or multinational manager/executive). Many pursue EB-1 upgrades or self-petitions (EB-1A) to escape the EB-2 queue.
- EB-2 National Interest Waiver (NIW) can still be valuable for locking in an early priority date, even if the final wait is long.
- Monitor the monthly Visa Bulletin closely. Numbers typically reset and advance in October with the new fiscal year, but the depth of the EB-2 backlog means progress will remain slow without legislative reform.
- Dependents (spouses and children) are tied to the principal's category and priority date.
Related NRI Globe Green Card & H-1B Guides
- US Green Card for Indians 2026 — EB-1/EB-2/EB-3 Complete Pillar
- New US Visa Rules 2026 for Indians
- H-1B Complete Guide for Indians 2026
- H-1B 60-Day Grace Period Rules 2026
- Uber/PayPal/Trade Desk Layoffs — NRI H-1B Impact
Note: These figures change monthly. Always check the latest Visa Bulletin on travel.state.gov and consult a qualified immigration attorney for advice specific to your priority date and situation. Rules and inventory estimates can shift with demand and policy.