India reaches per-country limit in EB-2 category for FY2026; USCIS says: Annual limits will reset beginning with…

India reaches per-country limit in EB-2 category for FY2026; USCIS says: Annual limits will reset beginning with...

The US Department of Homeland Security (DHS) recently announced that the per-country limit for India in the EB-2 category has expired for fiscal year (FY) 2026. In its announcement, DHS directed all embassies and consulates not to issue EB-2 visas to Indian applicants for the remainder of the current fiscal year. As directed by the U.S. Citizenship and Immigration Services (USCIS), the annual limits will reset with the start of the new fiscal year (FY 2027) on October 1, 2026. “At that time, embassies and consulates may resume issuing immigrant visas in this category to eligible applicants,” the order said.

What is the EB-2 category visa?

The EB-2 visa is an employment-based immigrant visa category that allows foreign citizens to obtain green card (Permanent Residency) on the basis of their education, skills or professional achievements.As explained by USCIS, second preference petitions are generally submitted using a signed U.S. Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification, or, for labor certification applications filed on or after June 1, 2023, using the DOL’s Foreign Labor Application Gateway (FAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Determination). Are with.

What did DHS say in its announcement?

Working in close collaboration with U.S. Citizenship and Immigration Services, the State Department has released all available immigrant visas in the employment-based second preference (EB-2) category for applicants applying to India for fiscal year (FY) 2026. 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).Since all available EB-2 visas for applicants applying to India in FY 2026 have been used, embassies and consulates cannot issue visas in these cases for the remainder of the fiscal year. The annual limits will be reset with the start of the new fiscal year (FY 2027) on October 1, 2026. At that time, embassies and consulates can resume issuing immigrant visas in this category to eligible applicants.

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