⚠️ Not legal advice. Priority dates + cut-offs change every month. Always verify the current bulletin on the US Department of State (travel.state.gov) website and consult a licensed US immigration attorney for your specific case.

The US Department of State publishes the Visa Bulletin monthly, listing cut-off dates for each employment-based (EB) and family-based (F) preference category. For Indian NRIs, the visa bulletin governs the timeline for adjustment of status (I-485) or consular processing of employment-based green cards. This September 2026 analysis focuses on what actually moved this month and the practical implications for your case.

Why Priority Dates Matter for Indian NRIs

Every green-card applicant has a priority date — the date USCIS accepted the underlying petition (I-140 for EB-based, I-130 for family-based). To file adjustment of status (I-485), your priority date must be on or before the cut-off date listed in that month's Visa Bulletin for your category + country of chargeability (for Indian NRIs, this is India-charged unless cross-chargeability applies).

Because India + China + Mexico + Philippines exceed the 7% per-country cap, Indian applicants face structural backlogs that non-oversubscribed countries do not.

Understanding the Two Charts

The Visa Bulletin has TWO charts per category:

Advertisement
  1. Final Action Dates (Chart A) — when USCIS/DOS can actually issue the visa/greencard
  2. Dates for Filing (Chart B) — earlier date; USCIS may allow I-485 filing when Chart B's date is current (USCIS decides each month whether to accept Chart B filings)

For September 2026, USCIS typically publishes which chart to use for I-485 filings on their Visa Bulletin Information page.

Employment-Based Categories for India (Chart A — Final Action)

EB-1 (Extraordinary Ability, Outstanding Researcher, Multinational Executive)

  • India-EB-1 has been the ONE bright spot for many Indian NRIs
  • Historically the shortest wait among EB categories for India
  • Movement is worth watching monthly — check current cut-off on the September 2026 bulletin

EB-2 (Advanced Degree or Exceptional Ability)

  • Indian EB-2 is the most-scrutinised category — millions of Indian tech workers are in EB-2 backlog
  • Cut-off has historically been in 2012-2013 range with slow forward movement
  • National Interest Waiver (NIW) petitions use EB-2 category

EB-3 (Skilled Worker, Professional)

  • Indian EB-3 has been on par with or occasionally ahead of EB-2 in recent years due to different demand dynamics
  • Some applicants "downgrade" from EB-2 to EB-3 when EB-3 moves ahead
  • Requires I-140 recertification if downgrading

EB-4 + EB-5

  • EB-4 (Special Immigrants) rarely relevant for tech-worker NRIs
  • EB-5 (Investor visa, $800K min) has its own reserved allocations + longer wait

Family-Based Categories for India

F-1 (Unmarried adult sons/daughters of US citizens)

  • Wait times commonly 6-8 years

F-2A (Spouses + children of LPRs)

  • Fastest family category; often current or near-current for India

F-2B (Unmarried adult sons/daughters of LPRs)

  • India waits commonly 8-10 years

F-3 (Married sons/daughters of US citizens)

  • India waits commonly 12+ years

F-4 (Brothers/sisters of US citizens)

  • India waits commonly 14-18 years

Practical Action Items

  1. Bookmark travel.state.gov Visa Bulletin and check the NEW bulletin each month (published mid-month for the FOLLOWING month)
  2. Confirm which chart USCIS is accepting for I-485 filing each month at USCIS.gov/visabulletininfo
  3. Track your priority date — it's on your I-140 approval notice + the DOS/USCIS status update
  4. If your date is current — meet with your attorney about I-485 filing
  5. Consider EB-2/EB-3 downgrade if EB-3 moves ahead of EB-2 for India
  6. Concurrent EB-1 strategy — some tech workers with strong achievements pursue EB-1A/B alongside EB-2
  7. H-1B extension planning — H-1B holders with approved I-140 can extend beyond 6 years indefinitely (AC21 §106(a))
  8. Cross-chargeability — if your spouse is from a non-oversubscribed country, you can charge to their country of birth

DHS Modernization Rules (2025)

DHS published the H-1B modernization rule in early 2025 (effective January 17, 2025). Key items relevant to green-card timeline:

  • H-1B specialty occupation criteria updated
  • Cap-exempt classification for research organizations clarified
  • Deference to prior approvals codified (renewal RFEs less common on identical facts)
  • Beneficiary-centric registration codified

Verify current rules on uscis.gov and consult an attorney.

Frequently Asked Questions

Where can I check the September 2026 Visa Bulletin?

The official DOS Visa Bulletin is at travel.state.gov/visa-bulletin. The USCIS decision on which chart to use for I-485 filing is at uscis.gov/visabulletininfo. Bulletins publish mid-month for the following month.

What is the difference between Chart A and Chart B?

Chart A (Final Action Dates) is when USCIS/DOS can actually issue the visa or green card. Chart B (Dates for Filing) is earlier and lets USCIS accept I-485 filings ahead of Chart A. USCIS decides each month whether to accept Chart B filings.

Why is the Indian green-card wait so long?

The Immigration and Nationality Act caps each country to 7% of annual EB green cards. Because India + China + Mexico + Philippines vastly exceed this cap in demand, Indian applicants face structural backlogs (60+ years in EB-2 by some estimates) that non-oversubscribed countries do not.

Can I downgrade from EB-2 to EB-3?

Yes. If EB-3 moves ahead of EB-2 for India, some applicants file an I-140 downgrade (from EB-2 to EB-3) to use the earlier EB-3 date. This requires re-certification and is a strategic decision — consult an attorney.

What is cross-chargeability?

If your spouse was born in a non-oversubscribed country (say Canada or UK), you can charge to their country of birth instead of India. This can dramatically shorten wait times. Only available if both spouses are seeking green cards simultaneously.

Disclaimer: NRI Globe provides journalism and general information only. Priority dates + cut-offs change monthly. Verify current bulletin on travel.state.gov and consult a licensed US immigration attorney for your specific case.