EB-2 India Is Unavailable Until October: Reading the September 2026 Visa Bulletin
The FY2026 EB-2 India limit has been reached. Here is what the September bulletin shows, and what it does and does not affect.
IMMIGRATION INSIGHTS
9/3/20263 min read
The Department of State Visa Bulletin for September 2026 carries a word that appears rarely and matters a great deal: Unavailable.
What the bulletin shows
For EB-2, the final action date for India is Unavailable. The date for filing remains January 15, 2015. Worldwide EB-2 is current, and China is at September 1, 2021 for final action and January 1, 2022 for filing.
For EB-1, worldwide is current. India stands at October 15, 2022 for final action and December 1, 2023 for filing. China stands at July 1, 2023 and December 1, 2023.
USCIS is honoring Final Action Dates for adjustment of status filings in September, not Dates for Filing.
Why EB-2 India went unavailable
The annual numerical limit for EB-2 India in fiscal year 2026 has been reached. When a category exhausts its allocation, no further visa numbers can be issued in that category for the remainder of the fiscal year. The category remains unavailable through September 30, 2026, and resets on October 1 when fiscal year 2027 begins.
What this affects, and what it does not
This is a visa availability limit, not an eligibility change. It affects the final step, not the first one.
Your I-140 petition is unaffected. USCIS continues to receive and adjudicate immigrant petitions regardless of visa availability. An approval issued during a period of unavailability is a perfectly good approval, and it locks in your priority date.
Pending I-485 applications for EB-2 India are held rather than denied. Interviews may still be scheduled. Approvals wait for numbers to become available.
If you are still building a petition, none of this is a reason to slow down. Your priority date is established when the I-140 is properly filed, and the queue you are joining is ordered by that date.
One more line worth reading
The bulletin itself carries a warning for the categories that currently show Current. High demand, particularly from India in EB-1, may require those categories to be made unavailable before the fiscal year ends on September 30. Worldwide applicants who have been treating Current as permanent should treat it as conditional instead.
Visa bulletin movement is monthly and can reverse. Check the current bulletin at travel.state.gov before making any filing decision based on a date.
HoatPen is a technical writing and consulting service, not a law firm. This article is general information and is not legal advice.The Department of State Visa Bulletin for September 2026 carries a word that appears rarely and matters a great deal: Unavailable.
What the bulletin shows
For EB-2, the final action date for India is Unavailable. The date for filing remains January 15, 2015. Worldwide EB-2 is current, and China is at September 1, 2021 for final action and January 1, 2022 for filing.
For EB-1, worldwide is current. India stands at October 15, 2022 for final action and December 1, 2023 for filing. China stands at July 1, 2023 and December 1, 2023.
USCIS is honoring Final Action Dates for adjustment of status filings in September, not Dates for Filing.
Why EB-2 India went unavailable
The annual numerical limit for EB-2 India in fiscal year 2026 has been reached. When a category exhausts its allocation, no further visa numbers can be issued in that category for the remainder of the fiscal year. The category remains unavailable through September 30, 2026, and resets on October 1 when fiscal year 2027 begins.
What this affects, and what it does not
This is a visa availability limit, not an eligibility change. It affects the final step, not the first one.
Your I-140 petition is unaffected. USCIS continues to receive and adjudicate immigrant petitions regardless of visa availability. An approval issued during a period of unavailability is a perfectly good approval, and it locks in your priority date.
Pending I-485 applications for EB-2 India are held rather than denied. Interviews may still be scheduled. Approvals wait for numbers to become available.
If you are still building a petition, none of this is a reason to slow down. Your priority date is established when the I-140 is properly filed, and the queue you are joining is ordered by that date.
One more line worth reading
The bulletin itself carries a warning for the categories that currently show Current. High demand, particularly from India in EB-1, may require those categories to be made unavailable before the fiscal year ends on September 30. Worldwide applicants who have been treating Current as permanent should treat it as conditional instead.
Visa bulletin movement is monthly and can reverse. Check the current bulletin at travel.state.gov before making any filing decision based on a date.
HoatPen is a technical writing and consulting service, not a law firm. This article is general information and is not legal advice.
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