India’s EB-1 Category Faces Potential Temporary Unavailability

According to the latest Visa Bulletin released by the U.S. Department of State, the EB‑1 employment‑based first‑preference green‑card category for Indian nationals may become temporarily unavailable in the near future. The bulletin cites an overwhelming number of filings that could exhaust the annual visa cap before the fiscal year’s end on September 30.

Should the cap be reached, the Department will label EB‑1 as “U” (unavailable) for the following weeks, effectively stopping any new visa issuances for India until the next allocation cycle. This situation arises amidst a broader backlog affecting all employment‑based categories, with EB‑2 already shown as unavailable for September.

EB‑1 is intended for individuals with extraordinary abilities, top‑level professors and researchers, and certain senior executives of multinational firms. The potential shutdown of this category is especially concerning for Indian applicants, who already face long waiting periods for other employment‑based visas.

The final action date for EB‑1 India is set at October 15, 2022, meaning only cases with priority dates before that threshold will receive final processing. In comparison, EB‑3 India’s final action date is dated January 1, 2014, reflecting a queue that exceeds twelve years.

While the EB‑5 investor category remains current for most countries, it is not listed as such for India in this bulletin, highlighting the extensive pressure on U.S. immigration routes for Indian professionals.