What is an EB-1 visa? Why is it narrowing for Indians in FY 2026?


What is an EB-1 visa? Why is it narrowing for Indians in FY 2026?
State Department says EB-1 may become unavailable for Indians for FY 2026.

An EB-1 visa (Employment-Based First Preference) is a top-tier US permanent residency (Green Card) category. It is intended for individuals with extraordinary ability, outstanding professors or researchers, and multinational managers or executives. EB-1 used to be the fastest Green Card route as it had little or zero backlog as it is not taken by the maximum — because they don’t qualify for it.But in the August visa bulletin, the State Department warned that EB-1 may become unavailable for Indians in FY 206 which ends in September. “High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends.

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This situation will be continually monitored, and any necessary adjustments will be made accordingly,” the department said.

What is the current waiting period for Indians for EB-1 vsa?

People from India receiving their EB-1 Green Cards now submitted their initial petitions (their Priority Date) on or before October 15, 2022.Cutoff Date: The official cutoff date (Final Action Date) for Indian applicants in the EB-1 category is October 15, 2022.Filing/Application Date: The individuals getting their Green Cards approved today initially submitted their Form I-140 (Immigrant Petition) or established their priority date around late 2022 or earlier.Wait Time: This corresponds to an effective processing wait time of approximately 3.5 to 4 years for Indian nationals in the EB-1 category.

Why is the EB-1 category getting so many applications from India?

Many EB-2 and EB-3 applicants are switching to EB-1 who are eligible to get Green Cards faster, which is intensifying the competition. There is little spillover from the family-based quotas to the EB-1 category as well.There are three types of EB-1 visas: First is for top scientists, founders, artists and athletes, Second is for university professors, senior researchers and third is for corporate VPs, directors and senior managers.

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