Indian professionals waiting for a US green card under the EB-1 category have received an important warning from the US Department of State.
The department has said that strong demand from Indian applicants could cause the EB-1 visa category for India to become unavailable in the coming weeks.
This could happen if the number of EB-1 visas available for Indian applicants reaches its limit before the end of the 2026 fiscal year.
However, there is no need to panic. The EB-1 programme is not being cancelled.
The warning only means that the US could temporarily run out of immigrant visa numbers available for Indian applicants in this category.
What Is The EB-1 Green Card Category?
EB-1 is the Employment-Based First Preference category for US permanent residency.
It is designed for certain “priority workers”, including:
People with extraordinary ability in science, arts, education, business or athletics
Outstanding professors and researchers
Certain multinational executives and managers
The extraordinary-ability category is also popularly known as the “Einstein visa.”
One major advantage of this route is that eligible applicants can self-petition, meaning they may not need a permanent US job offer. However, they must continue working in their area of expertise in the US.
Why Is EB-1 India Facing An Unavailability Warning?
The main reason is high demand.
For September 2026, the EB-1 Final Action Date for India is October 15, 2022.
In simple terms, an Indian applicant generally needs a priority date earlier than this date for an immigrant visa number to be available under the Final Action chart.
The State Department has warned that the high number of EB-1 visa applications and approvals by Indian applicants could use up India’s allotted share before the fiscal year ends.
The department had also warned earlier in 2026 that the EB-1 category for India could become unavailable because of rising demand.
Does “Unavailable” Mean EB-1 Is Cancelled?
No.
This is an important point for applicants to understand.
US employment-based immigrant visas are subject to annual numerical limits. There are also limits on how many visas can be issued to applicants from individual countries.
If the available visa numbers are fully used, the State Department can mark the category as “U” or “Unavailable.”
This does not mean that the EB-1 programme has been permanently cancelled.
How Does The EB-1 Green Card Process Work?
The EB-1 green card process generally involves several stages.
First, the applicant’s employer or the applicant, depending on the EB-1 subcategory, files Form I-140 with USCIS.
Once the petition is approved, the case can move to the National Visa Center (NVC) if the applicant is applying through consular processing.
The applicant’s priority date is particularly important. It essentially determines their place in the visa queue.
Applicants can move forward with the next stages once their priority date becomes eligible according to the relevant Visa Bulletin date.
The NVC may then request the required forms, fees, civil documents and other supporting paperwork.
Before an immigrant visa interview, applicants must also complete the required medical examination and other procedures.
People who are already in the US and qualify to change their status may follow a different process through USCIS.
September 2026 EB-1 Dates For Indians
For September 2026, the State Department has listed:
| EB-1 India | Date |
|---|---|
| Final Action Date | October 15, 2022 |
| Dates for Filing | December 1, 2023 |
The EB-1 category is therefore still available for Indians in September 2026.
However, the latest warning suggests that the situation could change if demand continues to rise.
Family Green Card Categories Also See Changes
The September 2026 Visa Bulletin has also brought changes to several family-sponsored categories.
For Indian applicants, the F4 category, which covers brothers and sisters of adult US citizens, has a September Final Action Date of November 1, 2006.
The F4 Dates for Filing date for India is December 15, 2006.
Family-sponsored green cards are also subject to annual and country-specific limits.
The worldwide family-sponsored preference limit for fiscal year 2026 is 226,000.
The State Department said some family-based dates have moved forward in recent months because immigrant visa approvals from certain countries declined due to various administration actions.
However, it also warned that dates could move backward again if demand increases.
What Should Indian EB-1 Applicants Do Now?
Indian applicants waiting for an EB-1 green card should closely monitor the US Visa Bulletin and their priority dates.
The current warning does not mean that applicants have lost their chance at a green card.
However, if the EB-1 India category becomes unavailable, applicants may have to wait until additional visa numbers become available.
The State Department is continuing to monitor demand and has said it may make adjustments when necessary.
In short, EB-1 remains available for Indian applicants in September 2026, but the latest warning shows that visa numbers are under pressure because of high demand.
