Why Do EB-2 India Applicants Face Lengthy Green Card Wait Times?

When Indian professionals and their families look at the U.S. green card process, two things often stand out: the extremely long wait times for EB-2 India applicants and the confusing nature of visa bulletin cutoff dates. Many wonder why these waits are so long, how the system works, and what options or strategies might help. To help readers make informed choices, this article compares the EB-2 India green card process with other employment-based options, explains how visa bulletin cutoff dates are set, and offers practical guidance for those facing these challenges.

Comparing EB-2 India With Other Employment-Based Green Card Options

The U.S. employment-based green card system is divided into several categories, each with its own requirements, timelines, and challenges. The most common for highly skilled Indian professionals are the EB-2 and EB-3 categories. Let’s look at how these options compare, especially for Indian nationals.

EB-2 India: Requirements, Timelines, and Costs

Requirements:
– The EB-2 category is for professionals with advanced degrees (master’s or higher) or those with exceptional ability in their field.
– Applicants need a permanent job offer from a U.S. employer and must go through the PERM labor certification process, which shows no qualified U.S. worker is available for the job.
– The employer files Form I-140, Immigrant Petition for Alien Worker, on behalf of the applicant. Official I-140 form link

Timelines:
– The biggest challenge for EB-2 India is the green card wait times. As of mid-2025, Indian applicants face waits from 20 years to over 128 years depending on their priority date and category specifics.
– The May 2025 Visa Bulletin shows the EB-2 India Final Action Date at February 1, 2013. This means only applicants whose I-140 was filed before this date can move forward.
– After the priority date becomes current, the adjustment of status process (Form I-485) or consular processing can take an additional 6 to 32 months.

Costs:
– PERM labor certification: $0 filing fee (but employers often pay thousands in legal and advertising costs)
– I-140 petition: $700 filing fee (plus optional $2,500 for premium processing, which speeds up only the petition review, not the wait for a green card)
– I-485 adjustment of status: $1,140 filing fee plus $85 biometrics fee per applicant
– Medical exams, attorney fees, and other costs can add several thousand dollars more

EB-3 India: Requirements, Timelines, and Costs

Requirements:
– The EB-3 category is for skilled workers (at least two years of experience), professionals (bachelor’s degree), and other workers (unskilled labor).
– Like EB-2, it requires a permanent job offer, PERM labor certification, and an I-140 petition.

Timelines:
– EB-3 India also faces long green card wait times, but sometimes the backlog is slightly less severe than EB-2.
– For example, the August 2025 Visa Bulletin shows a one-month advancement for EB-3 India, while EB-2 barely moves. However, both categories are heavily oversubscribed for Indian nationals.

Costs:
– Similar to EB-2, with the same government filing fees and additional costs.

EB-1 India: Requirements, Timelines, and Costs

Requirements:
– EB-1 is for individuals with extraordinary ability, outstanding professors or researchers, or multinational managers/executives.
– No labor certification is required, and some subcategories allow self-petitioning.

Timelines:
– EB-1 India also faces backlogs, but the wait times are generally shorter than EB-2 and EB-3. However, demand has increased in recent years, causing delays.

Costs:
– I-140 petition: $700 (plus optional premium processing)
– No PERM costs, but legal fees may be higher due to the complexity of proving extraordinary ability

Side-by-Side Comparison Table

How Visa Bulletin Cutoff Dates Are Determined

The Visa Bulletin is a monthly publication from the U.S. Department of State. It tells applicants when they can move forward in the green card process. Understanding how these cutoff dates are set is key for anyone stuck in the backlog.

The Basics

• Priority Date: This is the date when your employer files your labor certification or I-140 petition. It’s your place in line.
• Cutoff Date: The Visa Bulletin lists a cutoff date for each country and category. If your priority date is before this cutoff, you can move forward.
• Final Action Dates vs. Dates for Filing: The bulletin shows two dates:
  • Dates for Filing let you submit your green card application (Form I-485).
  • Final Action Dates mean a visa is actually available, and your application can be approved.

How the Government Sets Cutoff Dates

• The U.S. government limits each country to 7% of the total green cards in each category per year. For EB-2, this means about 2,800 visas for India annually, even though demand is much higher.
• The Department of State looks at how many people are waiting, how many visas are left, and how many applications are likely to be approved.
• If demand is higher than supply, the cutoff date moves slowly or even goes backward (retrogression).
• If there are unused visas in other categories, they may “spill over” and help advance the date, but this rarely makes a big difference for India due to the huge backlog.

For official monthly updates, applicants can check the U.S. Department of State Visa Bulletin.

Pros and Cons for Different Situations

EB-2 India: Pros

• Best for Highly Skilled Workers: If you have a master’s degree or higher, or can show exceptional ability, EB-2 is often the only realistic option.
• Premium Processing Available: You can pay extra for faster I-140 processing, which helps with job changes or travel, but not with the green card wait itself.
• Clear Path for STEM Professionals: Many Indian applicants in science, technology, engineering, and math (STEM) fields qualify for EB-2.

EB-2 India: Cons

• Extremely Long Wait Times: The biggest downside is the wait, which can last decades or even a lifetime for some.
• Family Impact: Spouses and children are included in the backlog, so families may remain in temporary status for many years.
• Uncertainty: Cutoff dates can move backward, making planning difficult.

EB-3 India: Pros

• Broader Eligibility: You may qualify with a bachelor’s degree or even as a skilled worker.
• Occasional Faster Movement: Sometimes, EB-3 cutoff dates move faster than EB-2, so some applicants “downgrade” to EB-3.

EB-3 India: Cons

• Still Long Waits: The backlog is only slightly better than EB-2 and can change quickly.
• Job Requirements: You must have a job offer that fits the EB-3 criteria.

EB-1 India: Pros

• Shorter Waits: If you qualify, EB-1 is the fastest route for Indian nationals.
• No PERM Needed: This saves time and money.

EB-1 India: Cons

• Difficult to Qualify: Only a small number of people meet the strict requirements.

Recommendations for Specific Circumstances

For Highly Skilled Indian Professionals

• Apply in EB-2 if you qualify: This is often the only choice for those with advanced degrees or exceptional ability.
• Consider EB-1 if possible: If you have major achievements, publications, or leadership roles, talk to an immigration attorney about EB-1.
• Monitor Visa Bulletin: Watch for changes in cutoff dates and consider “downgrading” to EB-3 if that category moves faster.

For Employers

• Start Early: Begin the green card process as soon as possible for key employees.
• Support EB-1 Cases: Help employees gather evidence if they might qualify for EB-1.
• Plan for Long Waits: Understand that Indian employees may need H-1B extensions or other support for many years.

For Families

• Plan for Children Aging Out: Children who turn 21 before the green card is approved may lose eligibility. Learn about the Child Status Protection Act (CSPA) and consult an attorney.
• Explore Alternatives: Some families consider studying or working in other countries with shorter wait times, such as Canada 🇨🇦 or Australia 🇦🇺.

Decision-Making Framework

When deciding which green card category to pursue, Indian applicants should consider:

1. Eligibility: Do you meet the requirements for EB-1, EB-2, or EB-3?
2. Current Priority Date: When was your I-140 filed? Check the Visa Bulletin to see where you stand.
3. Family Needs: How will the wait affect your spouse and children?
4. Career Plans: Will you need to change jobs or employers? Understand how this affects your green card process.
5. Backup Plans: Are you open to moving to another country if the wait becomes too long?

Real-World Example

Let’s consider Priya, an Indian software engineer with a master’s degree. Her employer filed her EB-2 I-140 in 2022. As of July 2025, the EB-2 India cutoff date is February 2013, so Priya faces a wait of at least 12 more years before she can apply for her green card. Her husband and 10-year-old son are included in her application. If her son turns 21 before the green card is approved, he may lose eligibility. Priya’s employer is considering filing an EB-1 petition, but she does not meet the requirements. Her family is now looking at options in Canada 🇨🇦, where processing times are much shorter.

Practical Tips for EB-2 India Applicants

• Track Your Priority Date: Use the Visa Bulletin each month to see if your date is current.
• Keep Documents Updated: Maintain copies of all immigration paperwork, including I-140 approval and H-1B extensions.
• Consult Experts: Immigration attorneys can help with complex issues like job changes, family aging out, or switching categories.
• Stay Informed: Policy changes can happen, so follow updates from official sources and trusted news outlets.

The Role of Legislative Reform

Many experts and advocacy groups argue that only a change in the law can fix the EB-2 India backlog. Proposals in Congress include raising per-country caps or recapturing unused visas, but as of July 2025, no major reforms have passed. The Department of State and USCIS do their best to manage the backlog, but they are limited by the law.

As reported by VisaVerge.com, unless Congress acts to change the per-country limits or increase the number of available green cards, Indian EB-2 applicants will continue to face some of the longest wait times in the world.

Conclusion and Next Steps

For Indian professionals and their families, the U.S. green card process—especially in the EB-2 category—means facing some of the world’s longest waits. The system’s per-country limits and high demand create a bottleneck that can last decades. By understanding the differences between EB-1, EB-2, and EB-3, tracking visa bulletin cutoff dates, and planning carefully, applicants can make the best choices for their situation.

Actionable steps:
– Check your priority date and compare it to the latest Visa Bulletin.
– Gather all required documents and keep them updated.
– Talk to your employer and an immigration attorney about all possible options, including EB-1 or EB-3.
– Stay informed about policy changes that could affect your wait time.
– Consider backup plans for your family, especially if your children are close to aging out.

While the process is challenging, careful planning and staying informed can help you make the best decisions for your future in the United States 🇺🇸.

Learn Today

EB-2 → Employment-based visa category for advanced degree professionals or those with exceptional ability.
Visa Bulletin → Monthly State Department publication listing priority date cutoffs for green card applicants.
Priority Date → The filing date of your labor certification or I-140 petition; determines your place in line.
PERM Labor Certification → Process proving no qualified U.S. workers are available for the offered job.
Adjustment of Status → The process of applying to change from nonimmigrant to permanent resident inside the U.S.

This Article in a Nutshell

Indian EB-2 applicants face up to 128 years waiting for U.S. green cards due to country limits. Understanding visa bulletin cutoff dates and exploring EB-1 or EB-3 options can help navigate these challenges and plan career and family futures effectively.
— By VisaVerge.com