The United States 🇺🇸 employment-based immigration system is known for its complexity, especially for applicants from high-demand countries like India 🇮🇳. The EB-2 India category, which is for people with advanced degrees or exceptional ability, has been facing a significant backlog for many years. This update explains the latest changes, who is affected, what actions are needed, and what these developments mean for those waiting for a green card with a priority date of December 2023.
Summary of What Changed
As of July 22, 2025, the U.S. Department of State’s Visa Bulletin shows that the EB-2 India priority date is set at January 1, 2013. This means that only applicants with a priority date earlier than this cutoff can move forward with their green card applications. For those with a priority date of December 2023, the wait remains long, and there has been no forward movement in the cutoff date for this group. The backlog continues, and no new policy has been introduced to speed up the process for EB-2 India applicants.
Who Is Affected
This update mainly affects:
- Indian nationals who have applied for a green card under the EB-2 category and have a priority date of December 2023 or later.
- Employers in the United States 🇺🇸 who sponsor Indian employees for EB-2 green cards.
- Families of EB-2 India applicants, as the backlog also affects spouses and children included in the application.
- Immigration attorneys and consultants who advise clients on employment-based green card strategies.
Effective Dates
The current cutoff date of January 1, 2013, for EB-2 India is effective as of the July 2025 Visa Bulletin. This date will remain in effect until the U.S. Department of State releases a new Visa Bulletin, which typically happens monthly. Any changes to the cutoff date will be announced in future bulletins, so it is important for applicants to check the latest updates regularly.
Required Actions for Applicants
If you are an EB-2 India applicant with a priority date of December 2023, here are the steps you should take:
1. Monitor the Visa Bulletin Regularly
– The Visa Bulletin is updated monthly by the U.S. Department of State. It shows the current cutoff dates for all employment-based and family-based green card categories.
– You can find the latest Visa Bulletin at the U.S. Department of State’s official website.
2. Maintain Valid Status in the United States 🇺🇸
– If you are in the United States 🇺🇸 on a temporary work visa (such as H-1B), make sure to keep your status valid while you wait for your priority date to become current.
– Work with your employer and immigration attorney to file timely extensions or changes of status as needed.
3. Prepare for Adjustment of Status (Form I-485)
– Once your priority date becomes current, you can file Form I-485, Application to Register Permanent Residence or Adjust Status. The official form and instructions are available on the USCIS website.
– Gather all required documents in advance, such as birth certificates, marriage certificates, and proof of employment.
4. Stay Informed About Policy Changes
– Immigration laws and policies can change. Keep up to date with announcements from USCIS and the Department of State.
– Subscribe to updates or alerts from trusted immigration news sources.
5. Plan for Long Wait Times
– Given the current backlog, it is important to plan your career, family, and travel with the understanding that your green card process may take many years.
Implications for Pending Applications
For those with a priority date of December 2023, the reality is that the wait for a green card under EB-2 India is likely to be more than a decade. Here’s what this means for pending applications:
Long Wait Times
– The cutoff date for EB-2 India has not moved forward significantly in recent years. As of July 2025, it is still set at January 1, 2013.
– Applicants with a December 2023 priority date are more than 10 years behind the current cutoff.
No Immediate Progress
– You cannot file Form I-485 or complete consular processing until your priority date becomes current.
– Premium processing for Form I-140, which allows for a decision within 45 days, does not speed up the wait for a current priority date.
Family Impact
– Spouses and children included in your green card application will also have to wait until your priority date is current.
– Children who turn 21 before the green card is approved may lose eligibility as dependents, unless protected by the Child Status Protection Act (CSPA).
Employment and Travel
– You must maintain valid work authorization and travel documents while waiting. If you are on a temporary visa, plan for timely renewals.
Uncertainty About Future Movement
– The movement of the Visa Bulletin depends on visa demand, annual limits, and unused visas from other categories. There is no guarantee of rapid advancement in the near future.
Background and Context
The EB-2 visa category is designed for foreign nationals who have advanced degrees (such as a master’s or higher) or who can show exceptional ability in their field. Many Indian professionals in technology, engineering, medicine, and academia apply under this category.
The priority date is the date when your employer or you (if self-petitioning) filed the first step of the green card process, usually the PERM labor certification or Form I-140 (if using the National Interest Waiver). Your place in line for a green card is based on this date.
The National Interest Waiver (NIW) allows some applicants to skip the labor certification step if they can show their work benefits the United States 🇺🇸. However, the NIW does not exempt applicants from the visa backlog. All EB-2 India applicants must wait for their priority date to become current before moving forward.
Current Processing Times
Here’s what you can expect at each stage of the process:
- Form I-140 Processing: If you use premium processing, you can get a decision on your I-140 petition within 45 calendar days. Regular processing may take several months. However, approval of the I-140 does not mean you can immediately apply for a green card if your priority date is not current.
- Adjustment of Status (Form I-485): Once your priority date is current, the adjustment of status process usually takes 8 to 14 months. This includes biometrics (fingerprinting), background checks, and possibly an interview.
- Consular Processing: If you are outside the United States 🇺🇸, you will complete your green card process at a U.S. consulate. This step, managed by the National Visa Center (NVC), can take 6 to 10 months after your priority date is current.
Visa Backlog and Priority Dates
The main reason for the long wait is the annual limit on green cards for each country and category. The United States 🇺🇸 gives out a fixed number of employment-based green cards each year, and no country can get more than 7% of the total in any category. Because demand from India 🇮🇳 is so high, the backlog keeps growing.
- Current Cutoff: As of July 2025, the cutoff for EB-2 India is January 1, 2013.
- Recent Trends: The August 2025 Visa Bulletin shows that while some categories for other countries moved forward, EB-2 India did not. EB-3 India saw a slight advancement, but not enough to affect most applicants.
- Future Movement: The cutoff date for EB-2 India moves forward only when there are unused visas from other countries or categories, or if demand drops. This has not happened in recent years.
Practical Implications for Applicants
If you are waiting for your EB-2 India green card with a December 2023 priority date, here’s what you need to know:
- You are not eligible to file Form I-485 or attend a green card interview until your priority date is current.
- You must keep your work visa (like H-1B) valid for the entire waiting period.
- Your family’s immigration status depends on your own.
- You may need to renew your work visa multiple times before your green card is approved.
- If your child is close to turning 21, talk to an immigration attorney about CSPA protections.
Expert Analysis and Perspectives
Immigration experts stress that the EB-2 India backlog is one of the longest in the U.S. immigration system. According to analysis by VisaVerge.com, the only way to reduce wait times is through major changes in immigration law, such as increasing the annual cap or removing country limits. Until then, applicants must be patient and keep their documents and status up to date.
Experts also recommend:
- Building a strong I-140 petition to avoid delays or denials.
- Staying informed about changes in the Visa Bulletin and immigration policies.
- Considering other visa options if available, such as EB-1 (for those with extraordinary ability or multinational managers) or family-based categories.
Future Outlook
The outlook for EB-2 India applicants remains difficult. Unless Congress passes new laws to increase the number of green cards or change the country limits, the backlog is expected to continue. Some proposals have been discussed, but no major changes have been made as of July 2025.
Applicants should not expect rapid movement in the cutoff date. It is important to plan for a long wait and keep all paperwork and status current.
Step-by-Step Process for EB-2 India Applicants
Here’s a simple guide to the process:
- Check Your Priority Date
- Find your priority date on your I-140 approval notice or labor certification.
- Compare it to the current cutoff date in the Visa Bulletin.
- File Form I-140
- Your employer or you (if self-petitioning) files Form I-140, Immigrant Petition for Alien Worker. Official form link
- Wait for approval. Premium processing is available for faster decisions.
- Wait for Priority Date to Become Current
- Monitor the Visa Bulletin every month.
- No action is needed until your priority date is current.
- File Form I-485 (Adjustment of Status)
- Once your priority date is current, file Form I-485. Official form link
- Submit supporting documents and pay the required fees.
- Attend Biometrics Appointment
- USCIS will schedule a biometrics appointment for fingerprinting and background checks.
- Attend Interview (if required)
- Some applicants may be called for an interview at a local USCIS office.
- Receive Green Card
- If approved, you will receive your green card in the mail.
Recent Policy Changes
There have been no recent policy changes that directly address the EB-2 India backlog. However, immigration reform is a topic of ongoing discussion in Congress. Any changes to visa numbers, country caps, or processing rules could affect future applicants, but nothing has been finalized as of July 2025.
Key Stakeholders and Official Statements
The main agencies involved are:
- U.S. Department of State: Sets the Visa Bulletin and manages consular processing.
- U.S. Citizenship and Immigration Services (USCIS): Processes I-140 and I-485 applications.
Both agencies have stated that they are working to process applications as quickly as possible, but the backlog is due to legal limits on visa numbers, not agency delays. They encourage applicants to submit complete and accurate applications to avoid unnecessary delays.
For more information, always refer to the U.S. Department of State’s Visa Bulletin and the USCIS website.
Actionable Takeaways
- Check the Visa Bulletin every month to see if your priority date is current.
- Keep your work visa and status valid while waiting.
- Prepare all documents in advance for when your priority date becomes current.
- Consult with an immigration attorney if you have questions about your case or if your child is nearing 21 years old.
- Stay informed about possible changes in immigration law that could affect your wait time.
While the wait for an EB-2 India green card with a December 2023 priority date is long, careful planning and staying informed can help you manage the process. Keep all paperwork up to date, maintain your legal status, and be ready to act quickly when your priority date becomes current.
Learn Today
EB-2 India → Visa category for Indian nationals with advanced degrees or exceptional ability seeking U.S. employment green cards.
Priority Date → The date an immigrant petition is filed; determines applicant’s place in the green card queue.
Form I-485 → Application to Adjust Status to permanent resident once priority date becomes current.
Visa Bulletin → Monthly publication by U.S. Department of State showing current cutoff dates for visa categories.
Processing Premium → USCIS service allowing expedited processing of Form I-140 in approximately 45 calendar days.
This Article in a Nutshell
The EB-2 India green card backlog remains extensive with a 2013 cutoff date. Applicants from December 2023 face over a decade’s wait. No policy changes have been made to accelerate processing, requiring careful planning and continuous monitoring of visa status and priority dates for this growing demand category.
— By VisaVerge.com
