State Department Announces India Per-Country Limit Reached in the EB-2 Category for FY 2026
On May 22, 2026, the U.S. Department of State, working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), 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. As a result, no further EB-2 visas may be issued to India-chargeable applicants for the remainder of the fiscal year. Understanding what this means is critical for any individual or employer currently navigating, or planning to navigate, the employment-based green card process.
What Is the EB-2 Category?
The EB-2 category is an employment-based immigrant visa classification for professionals holding advanced degrees or individuals with exceptional ability in the sciences, arts, or business. For many years, this category has been one of the most commonly pursued green card pathways for skilled foreign workers in the United States, particularly those employed in technology, engineering, healthcare, and other specialized fields.
Why Did This Happen?
The Immigration and Nationality Act (INA) places strict numerical limits on the number of employment-based immigrant visas that may be issued each fiscal year. Specifically, INA Section 203(b)(2) allocates (28.6%) 28.6 percent of the worldwide employment-based visa limit to the EB-2 category. In addition, INA Section 202(a)(2) provides that natives of any single country may not receive more than (7%) seven percent of the combined total of employment-based and family-sponsored visas, prorated among the various visa categories under INA Section 202(e). Due to the consistently high demand for EB-2 visas among applicants chargeable to India, this per-country limit has now been exhausted for FY 2026.
What Does This Mean for Applicants?
Because all available EB-2 visas for India-chargeable applicants in FY 2026 have been used, U.S. embassies and consulates may not issue immigrant visas in this category for the remainder of the fiscal year, and USCIS may not approve pending adjustment of status applications in the EB-2 India category until visa numbers become available again. It is important to note that pending cases are not being denied. These applications will simply remain pending until the annual limits reset.
When Will Visa Numbers Become Available Again?
The annual limits will reset with the start of the new fiscal year (FY 2027), starting on October 1, 2026. At that point, U.S. embassies and consulates may resume issuing immigrant visas, and USCIS may resume adjudicating adjustment of status applications in the EB-2 India category for qualified applicants.
Affected Parties
This announcement could affect a wide range of individuals and organizations, including:
- Indian nationals with pending EB-2 adjustment of status applications
- Indian nationals awaiting EB-2 consular processing abroad
- H-1B and other nonimmigrant visa holders relying on the EB-2 pathway to permanent residence
- U.S. employers sponsoring Indian national employees in the EB-2 category
Bottom Line
While this development represents a temporary pause, it underscores the significant backlogs and constraints that continue to affect India-chargeable applicants in the employment-based immigration system. For applicants, this may mean delays in obtaining permanent residence, and for employers, it may require careful planning around employee work authorization and non-immigrant status extensions in the interim. With the annual limits set to reset on October 1, 2026, it is imperative that affected individuals and employers stay informed and prepared to move forward as soon as visa numbers become available. Should you find that your immigration circumstance is affected by this announcement, we encourage you to reach out to the immigration department at Pasricha & Patel, LLC to speak to our immigration attorneys, who can help you navigate the appropriate next steps.