The State Department announced May 22 that the India EB-2 visa limit for 2026 had been reached.
Working with USCIS, State said all available Employment-Based Second Preference immigrant visas for applicants chargeable to India had been issued for fiscal year 2026. U.S. embassies and consulates therefore could not issue additional India-chargeable EB-2 immigrant visas for the remainder of the fiscal year.
What does “limit reached” mean?
It does not mean Congress abolished EB-2 or that every pending India EB-2 petition was denied. Employment-based immigrant visas operate under annual numerical limits. State says EB-2 receives 28.6% of the worldwide employment-based preference level, plus certain otherwise unused numbers. U.S. immigration law also applies country-based allocation rules.
Once the available FY2026 allocation for India-chargeable EB-2 applicants was used, no additional visas could be issued in those cases before the fiscal-year reset.
When do numbers return?
State specifically identified October 1, 2026, the beginning of FY2027, as the point when annual limits reset and qualified applicants could again receive numbers subject to availability.
That does not mean every waiting India EB-2 applicant becomes eligible October 1. Visa Bulletin priority dates, case readiness, applicable filing/adjudication rules and individual eligibility still matter.
Why this is particularly important to Indians
India has long been an oversubscribed chargeability area in employment-based immigration. Many Indian professionals have priority dates years earlier than the current cutoffs and may spend substantial time waiting for immigrant-visa availability.
For such readers, “EB-2 exhausted” and “my I-140 is denied” are entirely different statements. An approved immigrant petition can remain valid while no visa number is currently available for final action, depending on the case.
Chargeability is not always identical to nationality
The State announcement concerns applicants chargeable to India. Visa chargeability is generally associated with country of birth, subject to statutory rules and possible cross-chargeability in qualifying family situations.
An Indian citizen born outside India, or a qualifying applicant who can use a spouse’s chargeability, may require a different analysis. For that reason, NRI Connect TV should not simplify the announcement to all Indian citizens are blocked.
Adjustment of status versus consular processing
State’s announcement expressly says embassies and consulates may not issue additional India EB-2 visas for the fiscal-year remainder. USCIS also coordinates employment-based number use for adjustment-of-status cases inside the United States.
An applicant with a pending adjustment should not assume that a consular-issuance announcement automatically tells them what USCIS will do with every procedural aspect of their pending case. USCIS guidance and the relevant Visa Bulletin remain important.
How this relates to retrogression
The June Visa Bulletin had already warned of heavy India EB-2 demand and retrogressed India’s final-action date. The May exhaustion announcement demonstrates an important difference between a cutoff date and complete fiscal-year unavailability. A cutoff restricts which priority dates can receive final action. Exhaustion means no more numbers are available in the affected allocation for the remaining fiscal year.
FAQ
Was EB-2 canceled for India? No.
When does the annual limit reset? October 1, 2026.
Does everyone become current October 1? No.
Does this mean my approved I-140 is invalid? Not by itself.
India’s FY2026 EB-2 visa allocation was exhausted, stopping additional issuance for the fiscal year’s remainder; applicants must wait for FY2027 numbers and still satisfy priority-date requirements.
