(INDIA) — Employment-based adjustment cases tied to India’s Expected Green Card Wait Time”>US Green Card backlog are still taking many months after filing, and the overall pace remains uneven as of February 2026, with delays often driven by interviews, RFEs, and background checks.
India continues to face one of the world’s longest waits for employment-based permanent residence. As of February 19, 2026, the Priority Dates in the February 2026 Visa Bulletin reflect waits of up to 13 years in certain categories. That “13-year” figure tracks backlogs reaching to 2013 priority dates for some applicants.
India’s US Green Card queue: where the line stands in February 2026
The Visa Bulletin’s Final Action Dates show when a green card can actually be approved. For many India-born professionals, the controlling dates remain years behind today’s filings.
| Employment-based category | India Final Action Date (Feb 2026) | Approximate backlog wait |
|---|---|---|
| EB-1 (Priority Workers) | Feb 1, 2023 | ~3 years |
| EB-2 (Advanced Degrees) | Jul 15, 2013 | 12.5+ years |
| EB-3 (Skilled Workers) | Nov 15, 2013 | 12+ years |
| EB-5 (Unreserved) | May 1, 2022 | ~4 years |
These dates are Department of State cutoffs. USCIS uses them to decide when it can approve Form I-485, Application to Register Permanent Residence or Adjust Status.
Policy context: why the backlog persists
Backlogs are widely attributed to the per-country cap set by Congress. The Immigration and Nationality Act limits any single country to 7% of the annual green card numbers in a category.
Douglas Rand, Senior Advisor to the Director of USCIS, has emphasized that only Congress can change those annual limits. Demand from India far exceeds the statutory supply.
USCIS also announced it would use the “Dates for Filing” chart for employment-based adjustment filings in February 2026. This matters because it can let some applicants file Form I-485 earlier. Filing can open access to interim benefits, like an EAD.
USCIS posts the monthly filing-chart choice here: USCIS Visa Bulletin info.
⏱️ Processing Time Reality Check: Even when your Priority Date allows filing, final approval still depends on visa availability, admissibility, and case processing steps.
What the 7% cap means for India in practice
In practical terms, the 7% cap often translates to roughly 7,000–8,000 employment-based green cards per year for India. The backlog is far larger.
Estimates commonly cite 400,000+ approved employment-based immigrant petitions for India. Many are Form I-140, Immigrant Petition for Alien Workers approvals waiting for visa numbers.
Processing times after filing: current ranges and trend
Once you file Form I-485, most delays happen after biometrics. Common slow points include security checks, an RFE, or an interview queue at your field office.
USCIS processing times are estimates. They vary by form category and office. Check the official tool at USCIS processing times.
Typical post-filing timelines (estimates as of February 2026)
| Form | What it covers | Typical processing range (est.)* |
|---|---|---|
| Form I-485 | Adjustment to permanent resident | 8–18 months |
| Form I-765, Application for Employment Authorization | EAD (often based on pending I-485) | 2–6 months |
| Form I-131, Application for Travel Document | Advance parole | 3–8 months |
| Form I-140 | Immigrant petition (employer) | Varies; premium is fastest |
*Estimates as of February 2026. Always confirm by form and office at egov.uscis.gov/processing-times.
⚠️ Common Mistake: Traveling without approved advance parole can be treated as abandoning a pending Form I-485 in many categories.
Fees to plan for (verify before filing)
USCIS fees change. Use the official schedule at USCIS fee schedule. Wrong fees can cause a rejection.
| Form | Purpose | Fee (as of Feb 2026)** |
|---|---|---|
| I-485 | Adjustment of Status | $1,225 (often includes biometrics) |
| I-765 | Work permit (EAD) | $410 |
| I-131 | Advance parole / travel document | $575 |
| I-140 | Employment-based petition | $700 |
**Fees are subject to change. Confirm at uscis.gov/fees. Fee waivers may be available in limited situations using Form I-912, Request for Fee Waiver.**
💰 Current Fee: Confirm the exact fee and any biometrics requirement at uscis.gov/fees before you mail your packet. Rejections are common with incorrect payment.
What drives delays: RFEs, interviews, and security checks
- Requests for Evidence (RFEs) can add weeks or months. This is common for medical exams, birth certificates, or eligibility proof.
- Interviews are scheduled by the local field office. Employment-based interviews are not always waived.
- Security and background checks vary by case. They can pause a file without a visible “problem.”
- Visa number availability controls final approval. You may file under “Dates for Filing,” but approval waits for “Final Action.”
Expedite requests: when they can work
Expedites are discretionary. They are more common for EADs and travel documents than for Form I-485.
Typical expedite bases include: 1. Severe financial loss to a person or company 2. Urgent humanitarian reasons 3. Clear USCIS error
To request an expedite: 1. Check your receipt number in your USCIS online account at my.uscis.gov. 2. Use your account messaging options, if available. 3. Or call USCIS at 1-800-375-5283 and request an expedite. 4. Respond quickly if USCIS asks for proof.
How to check your case status correctly
1. Create or sign in to your USCIS account at my.uscis.gov. 2. Add your receipt number from the Form I-797 receipt notice. 3. Turn on case alerts. 4. Use the “Processing Times” tool if your case is outside normal time.
📋 Required Form: Download the correct edition of each form at USCIS forms. Using the wrong edition can cause rejection.
Next steps for India applicants watching Priority Dates
1. Track your Priority Dates monthly using the Visa Bulletin and USCIS’s filing-chart choice at USCIS Visa Bulletin info. 2. If eligible to file, prepare Form I-485 with Form I-765 and Form I-131 for work and travel benefits. 3. Check your form’s current processing times at USCIS processing times before escalating concerns. 4. Keep copies of every filing, RFE response, and delivery confirmation.
📋 Official Resources: Download forms at uscis.gov/forms. Check processing times at egov.uscis.gov/processing-times. Fees and processing times are subject to change—always verify current information at uscis.gov.
