EB-2 green card cap for India ends by 2026: What does it mean?
The US State Department has announced that it has released all available immigrant visas in the employment-based second preference (EB-2) category for India in 2026. EB-2 is a green card Category for professionals with advanced degrees or people with extraordinary abilities. The annual limit will be reset on October 1, 2026, at the start of the new fiscal year. The department said embassies and consulates cannot issue EB-2 green cards for Indians until 2026.
What is EB-2? What does it mean when the quota is exhausted?
The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that can be issued within a fiscal year. Specifically, INA 203(b)(2) provides that the annual limit for EB-2 visas is 28.6 percent of the worldwide employment limit. Additionally, INA 202(a)(2) establishes that natives of any one foreign state may not receive more than seven percent of the total employment-based and family-sponsored visas, which is prorated among the different visa categories under INA 202(e).Calculating the per country limit of 7%, India receives approximately 2800 EB-2 green cards per year. The total number of employment-based green cards is 140,000 and EB-2s get 40,000 – about 28.6%.According to the latest Visa Bulletin, the EB-2 final action date is September 1, 2013, which means that people who applied for a green card on that day are now eligible for a green card. But since the quota has already been exhausted, there will be no further movement.However, USCIS may continue to accept adjustment of status filings for cases who are now eligible to receive an EB-2 green card. Interviews may be postponed and even if interviews take place, cases will not be approved until the visa number is available.The department said in its final bulletin that it had to push back the final action dates due to high demand for the EB-1 and EB-2 visa categories. “If India’s proportionate limits in the EB-1 or EB-2 categories are reached before the end of the fiscal year, further regressions, or making the categories “unavailable,” may be necessary in the coming months,” the visa bulletin said. Now, the EB-2 category is marked as unavailable.