The EB-2 India green card backlog remains one of the most pressing issues for Indian professionals working in the United States 🇺🇸. As of July 2025, the situation has not improved, and many applicants are facing wait times of over a decade. This update explains what has changed, who is affected, what actions are required, and what these developments mean for pending and future applications. The goal is to help EB-2 India applicants and their families make informed decisions about their careers and immigration plans.
Summary of Recent Changes
The most important update is that the EB-2 India Final Action Date is still stuck at January 1, 2013. This means that only those with a priority date earlier than this can move forward with their green card applications. There has been no movement in this date since 2024, and the backlog continues to grow. The U.S. Department of State has also warned that the annual visa number limit for EB-2 is almost used up for the 2025 fiscal year, which ends on September 30, 2025. This could mean that the category will become unavailable or move backward (retrogress) before the end of the year.
Who Is Affected
This situation mainly affects Indian nationals in the EB-2 category. These are professionals with advanced degrees or exceptional ability who have been sponsored by a U.S. employer for a green card. The backlog also impacts their families, who are waiting for permanent residency as dependents. Anyone with a priority date after January 1, 2013, is directly affected, as they cannot file for adjustment of status (Form I-485) or receive a green card until their date becomes current.
Other employment-based categories are also backlogged, but the situation is most severe for EB-2 India. The EB-3 India category has moved slightly, with a Final Action Date of May 22, 2013, as of August 2025, but this still means a wait of more than ten years. The EB-1 India category is more current, with a Final Action Date of February 15, 2022, but even this category has a multi-year wait.
Effective Dates and Filing Rules
For July and August 2025, USCIS is using the Final Action Dates chart for employment-based filings. This means that applicants can only file Form I-485 if their priority date is earlier than the Final Action Date listed in the Visa Bulletin. For EB-2 India, this means only those with a priority date before January 1, 2013, can file. If your priority date is after this, you must wait until the date moves forward.
The State Department has also said that the annual visa number limit for EB-2 is almost exhausted for FY 2025. If demand continues to be high, the category could become unavailable or retrogress further in late summer or early fall 2025. This would make the wait even longer for many applicants.
Background: Why the Backlog Exists
The main reason for the EB-2 India backlog is the per-country cap. U.S. immigration law limits the number of green cards that can be given to people from any one country each year. Because there is very high demand from Indian nationals with advanced degrees, the line for EB-2 India has grown longer and longer. The priority date has been stuck at 2013 for a long time, and there has been little movement in recent years.
The EB-3 India category has seen slightly faster movement, but it is also backlogged by more than a decade. The EB-1 category, which is for people with extraordinary ability or multinational executives, is more current but still has a multi-year wait.
Practical Implications for Indian Professionals
The long wait for a green card in the EB-2 India category affects many parts of life and career planning. Here are some of the main issues:
1. Long Wait Times
– Indian EB-2 applicants should expect to wait at least 12 years from their priority date to green card approval.
– This means that people who started the process after January 1, 2013, are still waiting and may have to wait several more years.
2. Maintaining Visa Status
– Most Indian professionals rely on the H-1B visa or other nonimmigrant visas to stay and work in the United States 🇺🇸 while waiting for their green card.
– It is important to keep your visa status valid, as falling out of status can cause major problems for your green card process.
3. Changing Jobs (Portability)
– Under the American Competitiveness in the Twenty-First Century Act (AC21), applicants who have filed Form I-485 and have had it pending for at least 180 days can change jobs, as long as the new job is in the same or a similar occupation.
– However, since many EB-2 India applicants cannot file I-485 yet, they do not have access to this benefit.
4. Considering the EB-1 Category
– Some professionals may qualify for the EB-1 category, which has a shorter wait time.
– The EB-1 category is for people with extraordinary ability, outstanding professors or researchers, or multinational managers and executives.
– The standards are higher, but if you qualify, it can be a good way to speed up your green card process.
5. Exploring Other Options
– Some people look at moving to countries with faster green card processing, such as Canada 🇨🇦 or Australia 🇦🇺.
– Others consider family-based green card options if they have close relatives who are U.S. citizens or permanent residents.
6. Adjustment of Status Filing
– Since USCIS is using the Final Action Dates chart, only those with a priority date before January 1, 2013, can file Form I-485.
– Filing Form I-485 gives access to work and travel benefits (EAD and Advance Parole), but most EB-2 India applicants cannot file yet.
Recent Policy Developments
There has been no major legislative relief for the EB-2 India backlog in 2024 or 2025. Congress has not passed any laws to remove per-country caps or increase the number of green cards for India. The State Department and USCIS continue to monitor visa number usage every month, and there is a real risk that the EB-2 India category could become unavailable or retrogress further before the end of the fiscal year.
Immigration attorneys and experts recommend that applicants file Form I-485 as soon as their priority date becomes current. This helps secure benefits and avoid further delays. They also stress the importance of long-term planning, including keeping your visa status valid and exploring other options like EB-1 or family-based categories.
Some groups are pushing for changes to the law, but as of mid-2025, nothing has changed. The backlog is expected to continue for the foreseeable future.
Step-by-Step Guidance for EB-2 India Applicants
If you are an EB-2 India applicant, here are the steps you should take to manage your case and plan your career:
1. Monitor the Visa Bulletin Every Month
– The Visa Bulletin is updated monthly by the U.S. Department of State.
– Check the latest dates for your category and country to see if your priority date is current.
– You can find the Visa Bulletin on the U.S. Department of State website.
2. Keep Your Work Visa Status Valid
– Make sure your H-1B or other work visa is always valid.
– Work with your employer and immigration attorney to file extensions on time.
– If you lose your status, you could lose your place in line for a green card.
3. Prepare for Adjustment of Status Filing
– As soon as your priority date becomes current, file Form I-485 (Application to Register Permanent Residence or Adjust Status).
– You can find the official Form I-485 here.
– Filing quickly helps you get work and travel benefits and protects you from future retrogression.
4. Use AC21 Portability if Eligible
– If you have filed Form I-485 and it has been pending for at least 180 days, you can change jobs as long as the new job is similar.
– Talk to your attorney before making any job changes to make sure you meet the rules.
5. Consider Filing in the EB-1 Category
– If you have extraordinary ability, are an outstanding professor or researcher, or are a multinational manager or executive, you may qualify for EB-1.
– The wait time is shorter, but the requirements are higher.
– Talk to your employer and attorney about whether you qualify.
6. Consult an Immigration Attorney
– Immigration law is complex, and every case is different.
– An experienced attorney can help you plan your career, keep your status valid, and explore all possible options.
7. Plan Your Career Moves Carefully
– The long wait for a green card can affect your job choices, promotions, and even where you live.
– Factor the wait time into your career planning and discuss options with your employer.
Implications for Pending Applications
If you already have a pending EB-2 India green card application, here is what you need to know:
- If your priority date is before January 1, 2013, and you have filed Form I-485, your case can move forward when a visa number becomes available.
- If your priority date is after January 1, 2013, you cannot file Form I-485 yet, and your case will remain on hold until the date moves forward.
- If the category becomes unavailable or retrogresses, your wait could become even longer.
- Keep your work visa status valid and be ready to file as soon as your date becomes current.
If you are considering starting the process now, be aware that the wait time is likely to be more than 12 years. Discuss all options with your employer and attorney before beginning.
Official Resources and Contacts
- U.S. Department of State Visa Bulletin: Visa Bulletin
- USCIS Visa Bulletin webpage: USCIS Visa Bulletin
- Form I-485 (Adjustment of Status): Form I-485
- Immigration Attorneys: Firms like Fragomen, Ogletree Deakins, and Morgan Lewis provide up-to-date analysis and support.
- USCIS Contact: For case status and questions, visit the USCIS Contact Center.
Future Outlook
The EB-2 India backlog is expected to continue through 2025 and likely beyond. The high demand and per-country caps mean that the line will not move quickly unless there is a change in the law. The risk of the category becoming unavailable or retrogressing further is real, especially as the fiscal year ends.
No major legislative or policy changes have been made as of mid-2025. Some groups are pushing for reform, but there is no guarantee that anything will change soon. Applicants should be prepared for a long wait and plan their careers and immigration strategies with this in mind.
As reported by VisaVerge.com, many Indian professionals are feeling the strain of these long waits, and careful planning is more important than ever. Staying informed, keeping your visa status valid, and being ready to act when your priority date becomes current are the best ways to manage the process.
Actionable Takeaways
- Check the Visa Bulletin every month to track your priority date.
- Keep your work visa status valid at all times.
- Prepare your Form I-485 and supporting documents so you can file quickly when your date becomes current.
- Talk to your employer and attorney about EB-1 or other options if you may qualify.
- Plan your career moves with the long wait in mind.
- Stay informed about possible changes in the law or policy.
By following these steps and staying proactive, EB-2 India applicants can make the best of a difficult situation and be ready to move forward when the opportunity comes. For more details and the latest updates, always refer to the U.S. Department of State Visa Bulletin and consult with a trusted immigration attorney.
Learn Today
EB-2 India → Employment-based second preference visa category for Indian professionals with advanced degrees or exceptional ability.
Priority Date → The date when an applicant’s green card petition was filed, determining their place in visa queue.
Form I-485 → Application to Register Permanent Residence or Adjust Status, filed to obtain a green card in the U.S.
Final Action Date → The cut-off date in the Visa Bulletin indicating when green card applications can be processed.
Retrogression → When the priority date moves backward, delaying green card processing and increasing wait times.
This Article in a Nutshell
The EB-2 India green card backlog remains severe, with priority dates stuck at January 1, 2013. USCIS uses final action dates, limiting filings. Visa numbers are nearly exhausted for fiscal 2025, risking retrogression. Applicants face long waits, must maintain status, and consider alternatives like EB-1 or family-based options for faster processing.
— By VisaVerge.com
