If you are an Indian national considering the EB-2 green card process, it is important to understand how the EB-2 priority date system works, what the current wait times are, and whether you qualify to move forward. This guide will help you quickly figure out if you meet the requirements, what could disqualify you, and what steps you can take if you are not yet eligible. The focus is on clear, practical information so you can make informed decisions about your immigration journey.
Who Qualifies for EB-2 as an Indian National?
To qualify for the EB-2 category, you must meet one of these two main requirements:
- You have an advanced degree (a master’s degree or higher, or a bachelor’s degree plus five years of progressive work experience in your field).
- You have exceptional ability in sciences, arts, or business, shown by meeting at least three out of seven specific criteria set by U.S. immigration law.
In addition, your employer must file a labor certification (PERM) and an immigrant petition (Form I-140) for you. The date your employer files the labor certification or I-140 becomes your EB-2 priority date.
Key Requirements for EB-2 Eligibility:
- You must have a valid job offer from a U.S. employer willing to sponsor you.
- Your employer must complete the PERM labor certification process unless you qualify for a National Interest Waiver (NIW).
- You must have the required education and/or experience for the position.
- You must not have violated U.S. immigration laws or have certain criminal convictions.
How Does the EB-2 Priority Date System Work for Indian Nationals?
The EB-2 priority date is the date your employer files your labor certification or, if not required, your I-140 petition. This date is very important because it determines your place in line for a green card.
Each month, the U.S. Department of State publishes the Visa Bulletin, which shows the cutoff dates for each green card category and country. Only applicants with a priority date earlier than the cutoff date can move forward with their green card application.
For Indian nationals, the EB-2 category is heavily backlogged. As of July 31, 2025, the final action date for EB-2 India is January 1, 2013. This means only those with a priority date before January 1, 2013, can have their green card approved or file for adjustment of status (Form I-485).
Example:
If your EB-2 priority date is December 2023, you are not eligible to file for adjustment of status or receive a green card yet. Your date is about 11 years behind the current cutoff.
Disqualifying Factors
You will not qualify to move forward with your EB-2 green card application if:
- Your priority date is later than the cutoff date in the Visa Bulletin for India EB-2 (currently January 1, 2013).
- You do not meet the education or experience requirements for the EB-2 category.
- Your employer has not completed the required labor certification or I-140 petition.
- You have certain immigration violations or criminal convictions that make you ineligible.
What If My Priority Date Is December 2023?
If your EB-2 priority date is December 2023, you are not yet eligible to file Form I-485 or receive your green card. The backlog for Indian nationals in the EB-2 category is severe, and the cutoff date has not moved forward for more than two years.
What This Means for You:
- You must wait until the Visa Bulletin shows a cutoff date later than December 2023 for India EB-2.
- You cannot file Form I-485 (adjustment of status) or receive a green card until your priority date is current.
- You should maintain your current nonimmigrant status (such as H-1B) while waiting.
- You may want to explore alternative options if you need a faster path to permanent residency.
How Long Is the Wait?
With the cutoff date stuck at January 1, 2013, and your priority date at December 2023, you are about 11 years behind. The backlog is not expected to improve soon. The State Department has warned that the EB-2 category for India may even become “unavailable” for a time if the annual visa limit is reached.
Realistic Wait Time:
If trends continue, you could be waiting over a decade before your priority date becomes current. Visa numbers reset each year on October 1, but high demand means the backlog is likely to persist.
Alternative Options If Not Eligible
If you are not eligible to move forward with your EB-2 green card due to your priority date, consider these options:
- EB-3 Category: Sometimes, the EB-3 category (for skilled workers and professionals) moves faster. Check the latest Visa Bulletin to compare dates.
- National Interest Waiver (NIW): If you can show your work benefits the United States 🇺🇸 as a whole, you may qualify for a waiver of the job offer and labor certification requirements.
- Other Employment-Based Categories: If you qualify for EB-1 (for outstanding professors, researchers, or multinational managers), this category often has shorter wait times.
- Family-Based Green Cards: If you have close relatives who are U.S. citizens or green card holders, you may be eligible for family-based immigration.
- Nonimmigrant Visas: Maintain or extend your current visa status (such as H-1B, L-1, or F-1) while waiting.
How to Improve Your Chances
- Monitor the Visa Bulletin every month for changes in cutoff dates. You can find the latest bulletin on the U.S. Department of State website.
- Keep your documents up to date and maintain valid status in the United States 🇺🇸.
- Work with your employer to ensure all paperwork is filed correctly and on time.
- Consider premium processing for your I-140 petition to speed up initial approval, though this does not affect your place in line.
- Consult an immigration attorney for personalized advice and to explore all possible options.
Practical Tips and Next Steps
- Stay informed: Legislative changes could impact wait times. Proposals to increase per-country limits or recapture unused visas are under discussion, but none have passed yet.
- Plan for the long term: Given the backlog, make decisions about your career, family, and status with a long timeline in mind.
- Maintain your status: Do not let your current visa expire while waiting for your priority date to become current.
- Prepare for adjustment: When your priority date is close to becoming current, gather all required documents for Form I-485. You can find the official Form I-485 here.
Summary
For Indian nationals in the EB-2 category, the priority date system is extremely backlogged. If your EB-2 priority date is December 2023, you are not yet eligible to move forward, and the wait could be more than 11 years. According to analysis by VisaVerge.com, the backlog is unlikely to improve soon. Keep checking the Visa Bulletin, maintain your status, and explore alternative options if possible. For more details, visit the U.S. Department of State’s Visa Bulletin page for the latest updates.
Learn Today
EB-2 → A U.S. employment-based green card category for advanced degree holders or those with exceptional ability.
Priority Date → The date when your employer files labor certification or I-140, determining your place in the green card queue.
Visa Bulletin → Monthly publication by the U.S. Department of State listing cutoff dates for visa categories and countries.
Form I-485 → Application to adjust status to permanent resident while remaining in the United States.
Labor Certification (PERM) → Process where employers prove no qualified U.S. workers are available for the job before sponsoring foreign workers.
This Article in a Nutshell
Indian nationals face an 11-year EB-2 backlog with a current cutoff date of January 1, 2013. Only priority dates before then can advance. Maintaining legal status and exploring options like EB-3 or NIW is crucial during this prolonged wait for a green card.
— By VisaVerge.com
