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Published July 1, 2026

India EB-2 is unavailable under the Department of State's July 2026 Visa Bulletin, the chart USCIS currently directs employment-based adjustment of status applicants to use. For India-born applicants and the Seattle employers who sponsor them, that is a specific, verifiable fact about this month's visa numbers, not a signal that pending cases are in trouble.

This guide explains what "unavailable" means under the Final Action Dates chart, why India reached this point in July 2026, how India EB-2 compares with India EB-1 and India EB-3 this month, and what applicants and employers should review next.

Is India EB-2 Available in July 2026?

No. Under the July 2026 Visa Bulletin published by the Department of State, India EB-2 is listed as unavailable on the Final Action Dates chart. USCIS confirms on its Visa Bulletin Information page that employment-based adjustment of status applicants must use the Final Action Dates chart for July 2026, which means India EB-2's unavailable status directly governs whether USCIS can take final action on an India EB-2 adjustment application this month.

This status applies specifically to India EB-2. It does not apply to EB-2 for other countries, and it does not apply to India EB-1 or India EB-3, both of which have active Final Action Dates in July 2026, discussed below.

Unavailable Is Not the Same as Denied

An unavailable category means visa numbers are not authorized for issuance this month. It is not a decision on any individual petition, and it is not the same as a denial. Visa-number availability is one factor in the adjustment-of-status process. How it interacts with a specific pending I-140, PERM application, or I-485 depends on that case's procedural posture and other eligibility requirements, which is why this is general information and not a case-specific assessment.

What Does "Unavailable" Mean?

On the Visa Bulletin, "unavailable" means that no further visa numbers are authorized for issuance in that category and country for the remainder of the period in question. USCIS's When to File guidance explains that if an annual limit is reached, it becomes necessary to make the affected preference category unavailable, and no further requests for numbers are honored until the category reopens.

Unavailability reflects a numerical limit, not a judgment about any individual case. It does not mean an applicant is ineligible, that a petition was filed incorrectly, or that USCIS has made any decision about a specific I-140 or I-485. It means the pool of visa numbers allocated to India EB-2 for the fiscal year has been fully used.

Why Is India EB-2 Unavailable?

The Department of State's July 2026 Visa Bulletin states that India's pro-rated EB-2 annual limit was reached due to high demand and number use by India-chargeable applicants in the EB-2 category, and that the category is unavailable for the remainder of fiscal year 2026. This reflects the per-country limits set for employment-based immigrant visas, combined with the volume of India-born EB-2 demand this fiscal year.

Congress sets the worldwide annual limit for employment-based preference immigrants at a minimum of 140,000, and the Immigration and Nationality Act caps any single country's share of that limit and the family-sponsored limit combined at 7 percent. Because India-born applicants file EB-2 petitions at a volume well above that share, India EB-2 reaches its allotted numbers for the fiscal year well before countries with lower per-category demand. This is a structural feature of how Congress built the preference system, not a change specific to July 2026, though the point in the fiscal year at which the limit is reached can shift from year to year based on demand.

India EB-2 is unavailable for the remainder of fiscal year 2026. Future availability depends on visa demand and the fiscal year 2027 annual limit, both of which are set by the Department of State and Congress rather than predictable in advance. Fiscal year 2027 begins in October 2026, but this guide does not predict whether, when, or to what date India EB-2 might move once that fiscal year begins. Applicants should treat any future date as unknown until it appears in an official Visa Bulletin.

How India EB-2 Compares With India EB-1 and EB-3

Category

EB-1

July 2026 Final Action Date

October 15, 2022

What This Means

A priority date earlier than this cutoff may allow final action, if the applicant is otherwise eligible.

Category

EB-2

July 2026 Final Action Date

Unavailable

What This Means

No visa numbers are authorized for issuance this month under the Final Action Dates chart.

Category

EB-3

July 2026 Final Action Date

January 1, 2014

What This Means

A priority date earlier than this cutoff may allow final action, if the applicant is otherwise eligible.

What Does This Mean for Pending or Future Cases?

Unavailability affects whether USCIS can take final action on an EB-2 case this month. PERM filings and I-140 petitions serve a different function than a Form I-485 final action, since they relate to establishing eligibility and a priority date rather than requesting an immigrant visa number directly. Whether to file, continue, or pause a PERM application, I-140 petition, or related filing during a month when EB-2 is unavailable is a case-specific decision that should be discussed with an immigration attorney.

For an applicant with a pending Form I-485, visa-number availability is one factor in the adjustment-of-status process. Individual consequences, including how this may affect final action timing, employment authorization, advance parole, travel, or job changes, can depend on the case's procedural posture, priority date, and other eligibility requirements. Applicants with a pending I-485 should review their specific circumstances with an immigration attorney rather than assume a general rule applies.

For a future filing decision, unavailability is one input among several, alongside an applicant's qualifications, priority date, and whether a different category might better fit the facts. It is not, by itself, a reason to assume a case cannot proceed, and it is not a reason to make a category-switching decision without individualized review.

What Should Applicants and Employers Review Next?

  • Confirm the priority date on file for any pending PERM or I-140, since that date determines how a case is affected by category movement
  • Review whether India EB-1 or India EB-3 may fit an applicant's qualifications, without assuming either is automatically faster or better
  • Discuss with an immigration attorney whether to continue, pause, or adjust PERM recruitment or I-140 preparation while EB-2 is unavailable
  • Check future Visa Bulletins directly for updates, since India EB-2 is unavailable for the remainder of fiscal year 2026 and any change would first appear in an official Visa Bulletin for fiscal year 2027
  • Discuss any pending I-485, travel plan, or job change with an immigration attorney before acting on assumptions about visa availability

India EB-2 Unavailable: Frequently Asked Questions

Is India EB-2 available in July 2026?
No. India EB-2 is unavailable on the July 2026 Final Action Dates chart, the chart USCIS directs employment-based adjustment of status applicants to use this month. India EB-2 is unavailable for the remainder of fiscal year 2026; future availability depends on visa demand and the fiscal year 2027 annual limit.
Does unavailable mean my EB-2 case is denied?
No. Unavailable means no visa numbers are authorized for issuance in India EB-2 this month. It is not a decision on any individual petition or application. Whether and how this affects a specific pending case depends on that case's facts, which is a question for an immigration attorney.
Can I still continue with PERM or an I-140 petition?
PERM recruitment and I-140 filing serve a different function than Form I-485 final action, since they relate to establishing eligibility and a priority date rather than requesting an immigrant visa number directly. Whether to proceed with these filings during a month when EB-2 is unavailable is a case-specific decision that should be discussed with an immigration attorney.
Is EB-3 faster than EB-2 for India-born applicants?
Not generally. In July 2026, India EB-3's Final Action Date of January 1, 2014 is active while India EB-2 is unavailable, which may change the analysis for some applicants this month. This does not mean EB-3 is faster than EB-2 overall, since the relationship between the two categories varies by month and depends on individual qualifications.
When could India EB-2 become available again?
India EB-2 is unavailable for the remainder of fiscal year 2026. Any future movement depends on visa demand and the annual limit for employment-based preference visas in fiscal year 2027, both of which are set by the Department of State and Congress rather than predictable in advance. Applicants should check future official Visa Bulletins directly rather than relying on a projected date.

Discuss Your EB-2 Timeline

Matty Luna at Crescent Law, PLLC reviews EB-2, EB-1, and EB-3 options for Seattle-area professionals and employers affected by July 2026 Visa Bulletin availability.

Have Questions About Your Immigration Options?

These resources provide general context. Schedule a consultation for guidance on how these topics apply to a specific situation.

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