Indian nationals in the employment-based first preference (EB-1) category received a pointed warning in the August 2026 Visa Bulletin: the U.S. Department of State cautioned that EB-1 India may become unavailable in the coming weeks as the government works to keep visa issuances within the annual numerical limit before the fiscal year ends on September 30, 2026.
Where things stand now. For August, the EB-1 India Final Action Date is listed at October 15, 2022, unchanged from July. By contrast, EB-1 for the Worldwide category remains Current, and EB-1 China advanced roughly one month to July 1, 2023. The concern is not the current cutoff date itself but what comes next — the State Department signaled that demand from approved petitions is high enough that India’s remaining first-preference numbers for FY2026 could be exhausted before the year closes, forcing the category to a hard “Unavailable” designation.
Why this matters. EB-1 covers individuals of extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), and certain multinational managers and executives (EB-1C). If EB-1 India goes unavailable, affected applicants would be unable to file or have their Form I-485 adjustment applications approved until new visa numbers become available at the start of the next fiscal year on October 1, 2026. India’s EB-2 category is already Unavailable for the same reason, having exhausted its pro-rated allocation earlier in the year.
What applicants should do. Indian EB-1 applicants with a priority date earlier than October 15, 2022 and a petition ready to file should act quickly and consult with immigration counsel, since a mid-cycle cutback could take effect with little notice. Those relying on the Final Action Dates chart — which USCIS confirmed governs employment-based I-485 filings in August — should confirm their eligibility now rather than assume the current window will stay open. Applicants whose priority dates are not yet current should prepare their underlying evidence so they are ready to move the moment numbers reopen in the new fiscal year.
The bigger picture. The warning reflects the persistent per-country limits that create years-long backlogs for high-demand countries like India, even in the “fastest” employment categories. As the fiscal year winds down, similar retrogression or unavailability pressure could surface in other categories, making close monthly monitoring of the Visa Bulletin essential for anyone with a pending or planned employment-based green card case.
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Source: U.S. Department of State — August 2026 Visa Bulletin