August Visa Bulletin: India’s Employment Green Card Lines Hit the Annual Wall

The State Department’s August bulletin confirms what the July numbers foreshadowed: India’s employment-based categories are running out of visas before the fiscal year runs out of days.

Where things stand

EB-2 India is unavailable through September 30 — the annual limit is spent, and no green cards in that category can be issued until the new fiscal year opens October 1. EB-1 India holds at a cutoff of October 15, 2022, but State warns it may go unavailable in the coming weeks if demand keeps pace. Unreserved EB-5 numbers for India are in the same position. For most other countries, EB-1 and EB-2 remain current.

What it actually means

If you’re an Indian national with an approved EB-1 petition and a current priority date, the window to complete your case this fiscal year is measured in weeks, not months. And note one procedural wrinkle working in nobody’s favor: USCIS is accepting adjustment filings based on the Final Action Dates chart, the more conservative of the two — so “current in the bulletin” matters more than usual. October 1 resets the annual limits and should bring relief, but a reset is not a queue-jump: demand carried into the new year will shape how quickly dates move.

What we’re doing about it

For EB-1A and EB-1C clients from India: if your petition is approved and your date is current, we’re completing filings now rather than waiting out the summer. If your petition is still in progress, we’re preparing the adjustment package in advance so it can be filed the day your date permits. And for anyone weighing when to start an EB-1A case — retrogression is an argument for filing sooner, not later, because your place in line is set by your priority date. Book a consultation and we’ll look at your dates.

This post is general information, current as of when it was written — not legal advice, and no substitute for talking to an attorney about your own case. This area is changing quickly, and reading this doesn’t make us your lawyers. Please get advice on your specific situation before you act.