EB-2 India Per-Country Limit Reached for FY 2026 – Visa Issuance and Approvals Paused Through September 30

The U.S. State Department, working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), has announced that all available immigrant visas in the Employment-Based Second Preference (EB-2) category for applicants chargeable to India have been issued for fiscal year (FY) 2026.

The Immigration and Nationality Act (INA) strictly limits the number of employment-based immigrant visas that can be issued annually. Specifically, the INA sets the annual limit for EB-2 visas at 28.6 percent of the worldwide employment limit, and establishes a maximum seven percent per-country cap for natives of any single foreign state.

What Does This Mean for EB-2 India Applicants?

Because all available EB-2 visas for applicants chargeable to India in FY 2026 have been exhausted, the category is immediately unavailable and will remain so through the remainder of the current fiscal year (which ends on September 30th).

  • Consular Processing: U.S. embassies and consulates will not issue immigrant visas in the EB-2 India category for the remainder of the fiscal year.

  • Adjustment of Status (I-485): USCIS cannot approve any pending Adjustment of Status applications in the EB-2 India category through September 30, 2026.

Can I Still File My I-485 Application?

Yes, subject to the current Visa Bulletin dates. While final approvals are paused, USCIS should continue to accept EB-2 India adjustment of status (I-485) filings that are current according to the prevailing State Department Visa Bulletin. Any cases successfully filed in the EB-2 India category will be held for adjudication until visa numbers become available at the start of the new fiscal year.

What if I Have an Upcoming Adjustment of Status Interview?

Foreign nationals with a scheduled adjustment of status interview should plan to attend their interview as scheduled. However, applicants should be aware that the USCIS officer may decide to reschedule the interview in light of the exhaustion of the EB-2 India quota. Even if the interview takes place, the application cannot be finalized and approved until a visa number is available.

When Will EB-2 India Visas Become Available Again?

The annual immigrant visa limits will reset with the start of the new fiscal year (FY 2027) on October 1, 2026. At that point, embassies and consulates can resume issuing immigrant visas, and USCIS can resume approving adjustment of status applications in the EB-2 India category for qualified applicants.

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this month’s Visa Bulletin. We are happy to provide a free quote for preparing and filing your I-485 application when you become eligible.

By | Last Updated: May 26th, 2026| Categories: Articles, I-485, News, News Alert, Visa Bulletin|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.