Indian nationals waiting for green cards in the EB-2 India category face some of the longest wait times in the United States 🇺🇸 employment-based immigration system. As of July-August 2025, the visa bulletin shows little movement for both EB-1 India and EB-2 India, leaving many applicants searching for ways to speed up their path to permanent residency. One of the most talked-about strategies is the EB-1 upgrade—moving from the backlogged EB-2 India category to the faster-moving EB-1 India category, if eligible. This update explains what has changed, who is affected, the steps you need to take, and what these changes mean for pending applications.
Summary of What Changed
- EB-1 India: The final action date is stuck at February 15, 2022. There has been no real movement since early 2025, except for a small two-week jump in April 2025. This means only those with priority dates before February 15, 2022, can move forward with their green card process in this category.
- EB-2 India: The final action date is January 1, 2013. There was a slight backward movement (retrogression) in August 2025, making the wait even longer for many. Only those with priority dates before January 1, 2013, can file for adjustment of status.
- EB-3 India: There has been a small advancement, with the final action date moving to May 22, 2013 in August 2025.
- Adjustment of Status (Form I-485): USCIS is still using the “Final Action Dates” chart, not the “Dates for Filing” chart, for Indian employment-based categories. This means you can only file Form I-485 if your priority date is earlier than the final action date for your category.
Who Is Affected
- EB-2 India applicants: If you are waiting in the EB-2 India backlog, these updates directly affect your wait time and options.
- EB-1 India hopefuls: If you are considering upgrading to EB-1 India, the lack of movement in the visa bulletin means you need to carefully plan your timing and eligibility.
- Employers: Companies sponsoring Indian employees for green cards need to understand these changes to help their workers and plan for future talent needs.
- Pending applicants: Anyone with a pending I-140 or I-485 in EB-2 India or EB-1 India must pay close attention to the visa bulletin and policy updates.
Effective Dates
- The current visa bulletin dates and policies are effective for July and August 2025.
- Any changes to the visa bulletin or USCIS policy will be announced on official government websites, such as the U.S. Department of State Visa Bulletin.
Required Actions
If you are waiting in the EB-2 India line and thinking about an EB-1 upgrade, here are the steps you should consider:
1. Review Your Priority Date
- Check your priority date against the latest visa bulletin for EB-1 India and EB-2 India.
- If your priority date is before February 15, 2022 (EB-1 India), you may be eligible to file for adjustment of status if you qualify for EB-1.
- If your priority date is before January 1, 2013 (EB-2 India), you can file for adjustment of status in EB-2.
2. Assess Your EB-1 Eligibility
The EB-1 category is for people with:
– Extraordinary ability (EB-1A): You must show you are at the very top of your field. This can include awards, published work, original contributions, and media coverage.
– Outstanding professors or researchers (EB-1B): You need to show international recognition, strong recommendation letters, and a record of research or teaching.
– Multinational managers or executives (EB-1C): You must have worked in a managerial or executive role for a multinational company.
Key ways to build your EB-1 profile:
– Collect evidence of your achievements, such as awards, publications, and leadership roles.
– Get strong letters of recommendation from experts in your field.
– Show your work has been recognized internationally.
– For managers/executives, document your role and the company’s structure.
3. Prepare Your EB-1 Petition
- Consult an immigration attorney to see if you qualify for EB-1A or EB-1B. They can help you understand what evidence you need and how to present your case.
- Gather documentation: This includes proof of your achievements, letters of support, and any other evidence that shows you meet the EB-1 requirements.
- File Form I-140 (Immigrant Petition for Alien Worker) under the EB-1 category. You can find the official form and instructions on the USCIS Form I-140 page.
- Consider premium processing: This speeds up the I-140 decision to 15 calendar days for an extra fee.
4. File for Adjustment of Status (Form I-485)
- Once your EB-1 priority date is current, you can file Form I-485 (Application to Register Permanent Residence or Adjust Status). The official form and instructions are on the USCIS Form I-485 page.
- If your EB-1 priority date is current at the time you file your I-140, you may be able to file both forms at the same time (concurrent filing).
- Filing I-485 allows you to apply for an Employment Authorization Document (EAD) and Advance Parole (AP) travel document, which can help you work and travel while your green card is pending.
5. Maintain Your Nonimmigrant Status
- While waiting for your green card, keep your current visa status (such as H-1B or L-1) valid. This helps you avoid problems if your green card application is delayed or denied.
6. Keep Your EB-2 Petition as a Backup
- If you already have an approved EB-2 I-140, keep it active. If your EB-1 petition is denied, you can still rely on your EB-2 petition.
Implications for Pending Applications
- EB-2 India applicants: The backlog remains severe, with little hope for quick movement in the near future. If you have a strong profile, upgrading to EB-1 may be your best chance to speed up your green card process.
- EB-1 India applicants: The lack of movement in the visa bulletin means you may still face a wait, but it is usually shorter than the EB-2 India wait.
- Concurrent filings: If your EB-1 priority date is current, you can file I-140 and I-485 together, which can save time.
- EAD and AP benefits: Filing I-485 gives you work and travel benefits while your green card is pending.
- Denials and delays: If your EB-1 petition is denied, you can fall back on your EB-2 petition, but you will remain in the longer queue.
Recent Policy Developments (2024-2025)
- There have been no major policy changes for EB-1 or EB-2 India in 2025.
- The visa bulletin continues to move slowly, with only minor changes and occasional retrogressions.
- USCIS is still using the Final Action Dates chart for Indian employment-based categories.
- The EB-5 India category remains backlogged, but this does not affect EB-1 or EB-2 strategies.
Expert Perspectives
- Immigration attorneys strongly recommend that Indian applicants with strong achievements consider the EB-1 upgrade. While preparing an EB-1 petition takes time and effort, it can save years of waiting.
- Employers often support EB-1 upgrades for key employees, helping with documentation and petition filing.
- Applicants should weigh the cost and effort of preparing an EB-1 petition against the potential time saved. Keeping the EB-2 petition as a backup is a smart move.
Future Outlook
- EB-1 India: The visa bulletin is expected to remain slow but stable through the rest of 2025. Small advancements are possible, but big jumps are unlikely.
- EB-2 India: The backlog is likely to continue, with little hope for major improvement unless there are changes to per-country limits or new laws.
- Legislative changes: There are no new laws increasing per-country limits or recapturing unused visas as of mid-2025. If this changes, it could help reduce wait times.
- Stay informed: Regularly check the U.S. Department of State Visa Bulletin and USCIS announcements for updates.
Summary Table: EB-1 vs EB-2 India Priority Dates (July-August 2025)
| Category | Final Action Date | Movement Status | Filing Eligibility (I-485) |
|---|---|---|---|
| EB-1 | N/A | N/A | N/A |
| EB-2 | N/A | N/A | N/A |
| EB-3 | N/A | N/A | N/A |
| Category | Final Action Date (India) | Movement Status | Filing Eligibility (I-485) |
|---|---|---|---|
| EB-1 | Feb 15, 2022 | No change since April 2025 | Priority date before Feb 15, 2022 |
| EB-2 | Jan 1, 2013 | Minimal movement, slight retrogression in Aug 2025 | Priority date before Jan 1, 2013 |
| EB-3 | May 22, 2013 | Slight advancement | Priority date before May 22, 2013 |
Key Takeaways and Next Steps
- If you are in EB-2 India and have a strong profile, consider building your EB-1 case now. Gather evidence, consult an attorney, and prepare your petition.
- Keep your EB-2 petition active as a backup in case your EB-1 is denied.
- Monitor the visa bulletin every month to see if your priority date becomes current.
- File Form I-485 as soon as your priority date is current in either category to take advantage of EAD and AP benefits.
- Maintain your nonimmigrant status until you receive your green card.
- Stay updated with official government sources and consult with your employer and attorney regularly.
Official Resources
- U.S. Department of State Visa Bulletin: Check monthly updates on priority dates and visa availability.
- USCIS: Find forms, instructions, and policy updates.
- Form I-140: Immigrant Petition for Alien Worker.
- Form I-485: Application to Register Permanent Residence or Adjust Status.
Practical Guidance
- Start building your EB-1 profile early. This includes publishing research, leading projects, and collecting evidence of your achievements.
- Work closely with your employer and attorney to make sure your petition is as strong as possible.
- Be patient but proactive. The process is slow, but careful planning can help you move forward as soon as your priority date is current.
- Use official government links for the most accurate and up-to-date information.
As reported by VisaVerge.com, the EB-1 upgrade strategy remains one of the best options for Indian nationals stuck in the EB-2 India backlog. While the process takes effort and careful planning, it can lead to much faster green card approval if you qualify. Keep monitoring the visa bulletin, stay in touch with your attorney, and be ready to act when your priority date becomes current.
By following these steps and staying informed, you can make the best decisions for your immigration journey in the United States 🇺🇸.
Learn Today
EB-1 India → Employment-based immigrant visa category for extraordinary ability, outstanding professors, and multinational managers from India.
EB-2 India → Employment-based immigrant visa category for professionals with advanced degrees or exceptional ability from India, often backlogged.
Priority Date → The date USCIS receives your immigrant petition, determining your place in visa processing queues.
Final Action Date → The date visas can be issued or adjustment of status approved for a visa category and country.
Adjustment of Status → USCIS process allowing eligible immigrants to apply for permanent residency from within the U.S. using Form I-485.
This Article in a Nutshell
Indian EB-2 applicants face long green card waits. Upgrading to EB-1 India can speed approval if eligible. Review priority dates, assess EB-1 eligibility, and prepare petitions carefully to accelerate your path to permanent residency in 2025.
— By VisaVerge.com
