EB-2 India Aug–Sep 2025: Why Final Action Stayed at Jan 1, 2013

(INDIA) The U.S. Department of State’s August and September 2025 Visa Bulletins keep EB-2 India frozen in place. The EB-2 India Final Action Date holds at January 1, 2013, and the Dates for Filing remains February 1, 2013. There is no forward movement on either chart across both months.

In practical terms, only applicants with a priority date earlier than January 1, 2013 can see final approvals right now. Everyone else must wait, even if their cases are documentarily complete and ready.

Key changes and why they matter

• No movement for EB-2 India in August and September 2025: Final Action Date = January 1, 2013; Dates for Filing = February 1, 2013.
• End-of-year number control: The State Department signaled that FY-2025 employment-based totals would be reached in August and September, leaving no room to advance India’s dates.
• ROW retrogression does not help India: EB-2 Rest of World (ROW) retrogressed to September 1, 2023 in August, but EB-2 India stayed at early 2013 because India’s backlog is already far deeper.

These steps reflect tight number management at the close of the fiscal year, not a change in policy or a processing slowdown. VisaVerge.com analysis says the static EB-2 India dates align with the Department of State’s aim to stay under annual limits while avoiding chaotic swings late in the year.

Effective dates and timeline

• August 2025 Visa Bulletin: EB-2 India Final Action Date = January 1, 2013; Dates for Filing = February 1, 2013.
• September 2025 Visa Bulletin: Identical cutoffs for EB-2 India on both charts; no movement.
• DOS guidance for late FY-2025: Most employment-based categories were expected to hit FY-2025 caps in August and September, explaining the stall.

Why this timing matters: the fourth quarter of the fiscal year is when the State Department “closes the books.” Advancing a long-backlogged category like EB-2 India during this window could trigger a wave of new demand and force abrupt retrogression before September 30. Holding steady prevents that whiplash.

For the official monthly numbers and cutoff charts, consult the U.S. State Department’s Visa Bulletins page: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

The numbers behind the stall

• Worldwide employment-based limit (FY-2025): 150,037
• Per-country cap (7% under INA 202(a)(2)): ~26,862 visas, including carryover
• EB-2 India demand: Far exceeds what can be granted under the cap in a single year

The Department of State’s guidance for September explains that FY-2025 totals were on track to be reached in August and September across many employment-based categories. With no extra visas slipping in from other categories in meaningful numbers, there was no room to push India’s dates forward.

This is essentially a math problem: demand from India, especially in EB-2, is so large that the State Department must keep the date early to control usage. Pushing the date even a few months could unleash thousands of documentarily qualified cases, exhausting numbers and forcing a reversal.

Per-country cap and India’s demand profile

The per-country rule sets a ceiling on how many visa numbers can be issued to any one country each year across employment- and family-based categories. While unused numbers can shift to where they’re needed, that extra supply has been thin in FY-2025.

For EB-2 India specifically:
– The backlog reaches back more than a decade.
– A large inventory of pre-adjudicated cases sits in the pipeline, ready to claim numbers as soon as the Final Action Date inches forward.
– Even when EB-1 India underuses a bit, EB-2 and EB-3 often compete for any spillover; the State Department must weigh where a small push causes the least risk of overshooting totals.

Put plainly: the EB-2 India backlog is so deep that small gains can trigger big usage. Without fresh supply, the safest plan at FY-end is to hold steady.

Managing against retrogression at fiscal year-end

In August 2025, the State Department retrogressed EB-2 ROW to September 1, 2023 to slow high demand outside of India. That adjustment doesn’t lift India’s Final Action Date. Instead, it helps the Department stay within global and category totals for the year.

Why DOS did not advance EB-2 India for September:
– Advancing in September can create a surge of visa-ready demand with no remaining cushion before September 30.
– A surge would likely force a last-minute rollback, causing confusion for families and employers.
– Holding the line prevents a scramble and sets a clean base for October.

Where things have been stuck: the 2013 barrier

EB-2 India has hovered around early 2013 for more than a year. Each month applicants hope for a signal that the logjam will ease, but reality is shaped by three forces:
1. A large stock of pending cases filed years ago, many ready to be approved as soon as numbers are available.
2. Dependence on spillover from EB-1, certain family-based categories, or other employment groups to move the date.
3. Year-end number control: August and September usually bring caution, not expansion.

Note: In August 2025, EB-3 India showed a small advance (about a month). That demonstrates how EB-2 and EB-3 can diverge even under high demand, and how the State Department fine-tunes numbers based on usage and remaining supply.

October 2025 and FY-2026: what may change

The new fiscal year starts October 1. That reset can allow measured forward movement in the first Visa Bulletin of the year.

Outlook for EB-2 India:
– Possible small jump (1–3 months) if unused EB-1 or family-based numbers spill into EB-2.
– Careful pacing: DOS will likely avoid big leaps given India’s large pending inventory.
– Continued competition between EB-2 and EB-3 for any spillover.

Key signals to watch:
– End-of-year approval volumes at USCIS and DOS.
– Whether EB-1 worldwide underuses numbers that can spill into EB-2.
– Demand patterns in EB-3 India, which affect how the State Department allocates any extra supply.

Without changes to per-country caps or overall visa totals, major forward movement remains unlikely—the backlog is too large to clear with small annual surpluses.

What EB-2 India applicants can do now

Your next steps depend on your priority date (PD) and whether you’re in the United States or abroad.

If your PD is before January 1, 2013:
– You’re current for final action. If pursuing adjustment of status, ensure your record is complete and your Form I-485 is ready with all required evidence. If USCIS needs an updated medical, use Form I-693.
– Links:
– Form I-485: https://www.uscis.gov/i-485
– Form I-693: https://www.uscis.gov/i-693

If your PD is between January 2013 and February 2013:
– Watch October 2025 closely—this slice has the best chance of catching a small forward move in early FY-2026.
– Keep documents updated so you can act fast if the Final Action Date advances or if USCIS allows filing based on Dates for Filing.

If your PD is after February 1, 2013:
– Prepare for a long wait. Some applicants revisit strategy with counsel, including possible EB-3 downgrade or, if already in EB-3, consider an EB-2 upgrade when conditions favor it.
– Keep your Form I-140 approval in good standing and maintain status in the U.S. if applicable.
– Link:
– Form I-140: https://www.uscis.gov/i-140

For those with pending adjustment:
– Keep work and travel benefits current. If your Form I-765 (EAD) or Form I-131 (Advance Parole) will expire, file renewals early to avoid gaps.
– Links:
– Form I-765: https://www.uscis.gov/i-765
– Form I-131: https://www.uscis.gov/i-131

If pursuing consular processing:
– Ensure your National Visa Center (NVC) documents remain valid. If your case requires action to transfer approval or notify changes, Form I-824 can be part of that process.
– Link:
– Form I-824: https://www.uscis.gov/i-824

Practical note: Keep your job offer and job description aligned with the approved labor certification and immigrant petition. Small role changes can be fine; major changes may require new steps—consult counsel.

Impact on employers and HR planning

For U.S. employers with large India-born EB-2 talent pools, the freeze pushes long-term planning to the forefront:
– Review workforce policies that rely on EAD and Advance Parole; time renewals to prevent authorization breaks.
– Maintain H-1B or other nonimmigrant status options for key staff while green card timelines extend.
– Set realistic expectations with candidates about timing; families plan major life events around these dates.

The stall can affect recruitment. A clear message to prospective hires about sponsorship, nonimmigrant support, and long-term commitment helps reduce anxiety when Visa Bulletins show little or no movement.

EB-2 vs. EB-3 India: strategy considerations

Some applicants weigh an EB-3 “downgrade” when EB-3 moves faster, then “upgrade” back to EB-2 later. That approach depends on month-to-month spreads and case details.

Basic pointers to discuss with counsel:
– Original labor certification, job duties, and minimum requirements.
– How your current role compares to the role described in approved filings.
– Whether you hold multiple approved I-140s and what AC21 portability means for you.
– The risk of chasing short-term gains that may vanish if DOS adjusts categories again.

Note: In August 2025 EB-3 India advanced by about a month while EB-2 did not—usually not enough alone to justify a complex strategy change for most applicants.

Real-world scenarios

• Family on the cusp (PD: January 15, 2013): Just outside the Final Action Date. A small move in October could make them current. They should ensure medicals and civil documents are ready, keep EAD/AP current, and monitor the first FY-2026 bulletin closely.
• Long wait ahead (PD: mid-2014): This applicant should prioritize maintaining nonimmigrant status, renewing EAD/AP early, and considering career moves that don’t break the certified position. Portability rules and counsel review are important before changing employers.
• Employer with many EB-2 India candidates: HR tracks PDs across cohorts, coaches managers on travel near EAD/AP expirations, builds standard early-renewal processes, and consults outside counsel before changing job duties or titles for employees with pending adjustments.

What to watch in the next two bulletins

• Whether DOS signals extra supply from EB-1 worldwide or family-based categories rolling into EB-2.
• How USCIS and DOS report year-end approvals—high late approvals may dampen how much EB-2 India can move.
• EB-3 India patterns—if EB-3 keeps inching forward, more applicants may revisit strategies, affecting DOS’s demand modeling.

VisaVerge.com reports the State Department warned about tight employment-based numbers at the end of FY-2025, including the possibility that some categories could become “unavailable” late in September before the October reset. That warning helps explain why EB-2 India stayed steady rather than inviting a late rush the system couldn’t support.

Policy context and the road ahead

The EB-2 India backlog reveals limits of the current legal framework. The per-country cap (INA 202(a)(2)) spreads visas broadly but slows final approvals for countries with large demand. For EB-2 India:
– The backlog spans more than a decade of filings.
– The annual flow is not enough to clear that demand quickly.
– Final Action Dates will likely move only in measured steps unless Congress changes the caps or raises overall numbers.

The State Department’s cautious year-end approach has real human effects: families on hold for school choices and home plans; employers losing hiring leverage; children who turn 21 risking loss of dependent status. Small month-to-month shifts can change everything for a narrow group of applicants.

Practical filing notes and document checklist

If you’re current or become current in October, prepare this package:

Adjustment of status (I-485) checklist:
– Form I-485 with fees and supporting evidence (see Form I-485: https://www.uscis.gov/i-485)
– Medicals on Form I-693 if required or prior medicals have lapsed (https://www.uscis.gov/i-693)
– Birth certificates, passports, and civil documents
– Employment letter matching the offered role

Work and travel:
– Form I-765 for EAD (https://www.uscis.gov/i-765)
– Form I-131 for Advance Parole (https://www.uscis.gov/i-131) — often filed with I-485

Petition and priority date:
– Approved Form I-140 to lock PD and classification (https://www.uscis.gov/i-140)

Consular processing option:
– If using consular processing or transferring an approved petition, Form I-824 can support certain actions (https://www.uscis.gov/i-824)

Always check the latest Visa Bulletins at the State Department’s site and consult USCIS instructions on the forms above.

Why the Dates for Filing also stayed frozen

The Dates for Filing chart lets USCIS collect adjustment applications early, creating a pool of ready cases. For EB-2 India, Dates for Filing is held at February 1, 2013. With tight annual numbers and a large inventory already in hand, there was no reason to invite a fresh wave of new filings in August or September.

If USCIS signals use of the Dates for Filing chart for October and DOS advances it, some people in the early 2013 window could file adjustments, even if they must wait for final approval.

How families can prepare during the stall

Waiting is hard. A few practical steps can reduce stress:
– Keep passports valid for all family members.
– Track priority dates in a shared calendar and set alerts for Visa Bulletin release days.
– Store civil documents and translations in one secure place, ready to upload or mail if dates advance.
– For children nearing age 21, speak with counsel early about the Child Status Protection Act (CSPA) and how filing dates might help.

The human picture behind the cutoff

For many EB-2 India families, early 2013 is a wall. Parents who filed when their kids were in primary school now have teenagers planning for university. Employers who sponsored mid-career engineers a decade ago still rely on them in senior roles. The static Final Action Date is more than a number—it’s a pause button on long-term plans. That’s why even a small jump in October matters: for a narrow band of families right after January 1, 2013, a two-month move could be transformative.

Bottom line for August–September 2025

• EB-2 India Final Action Date: January 1, 2013 (no change)
• EB-2 India Dates for Filing: February 1, 2013 (no change)
• Cause: FY-2025 caps reached; no spare numbers from other categories; DOS avoided late-year retrogression risk by holding steady.
• Outlook: Watch October 2025 for a possible modest advance if spillover appears. Large jumps remain unlikely without legislative changes.
• Planning actions: Renew EAD/AP early, maintain nonimmigrant status where needed, and keep documents ready for the first bulletin of FY-2026.

The current stall is not a sign of neglect. It’s the result of tight math under the Immigration and Nationality Act and careful number control at FY-end. For EB-2 India, the long arc of progress depends on limited annual supply and occasional spillover—October 2025 is the next checkpoint, and for families with priority dates close to January and February 2013, it may finally bring a small but meaningful move.