EB-1 India Not Current in January 2026; Backlogged at 01FEB23

(INDIA) The January 2026 Visa Bulletin from the U.S. Department of State answers a question many high-skilled workers and employers keep asking: is EB-1 India “current,” or is it still stuck in a line. For January 2026 (Visa Bulletin Number 10, Volume XI), the EB-1 India Final Action Dates cut-off is 01FEB23. That single detail means EB-1 India is not current for that month.

Under the bulletin’s own rules, a category is only current when it shows “C”, which the bulletin defines as numbers being available for all qualified applicants, no matter their priority date. A date—any date—means oversubscription. In plain terms, demand is higher than the supply allowed under annual limits and per-country limits, so the government draws a line.

For India, that line in January 2026 is February 1, 2023 for final approvals and visa issuance. VisaVerge.com reports that this “date versus C” point is where many families get tripped up: a 2023 cut-off can feel “almost current,” but it still works like a stop sign for cases that fall after the cut-off.

What “Final Action Dates” control in real life

The Visa Bulletin uses two charts for employment-based cases, and they answer two different questions.

The Final Action Dates chart tells you whether a green card can actually be approved (if you’re in the United States 🇺🇸 and applying through USCIS) or an immigrant visa can be issued (if you’re processing through a U.S. consulate abroad) in that month.

For EB-1 India, the January 2026 Final Action Date is 01FEB23, which means:

• If your priority date is earlier than 01FEB23, you may receive final approval/issuance in January 2026 if your case is otherwise ready and you meet all requirements.
• If your priority date is 01FEB23 or later, your case cannot reach final approval/issuance in January 2026 in EB-1 India, even if everything else is complete.

The bulletin’s logic is straightforward: cases are handled in priority date order, and when “all reported demand could not be satisfied,” a cut-off date is set at the point where the government must stop approving cases for that month.

The January 2026 EB-1 country picture: why India has a date while others show “C”

In the January 2026 Final Action Dates for Employment-Based Preference Cases chart, EB-1 looks like this:

• All Chargeability Areas Except Those Listed: C
• China—mainland born: 01FEB23
• India: 01FEB23
• Mexico: C
• Philippines: C

That layout matters because it shows the EB-1 category is not “globally” backlogged. Instead, the backlog is country-specific for China and India.

Practical takeaway for Indian nationals: you must track the India cut-off, not the worldwide “C” column.

How to use the “Dates for Filing” chart without mixing it up with final approval

The second chart, Dates for Filing of Employment-Based Visa Applications, answers a different question: whether you may be allowed to file the last-stage paperwork earlier, even before a green card number is ready for final approval.

For January 2026, EB-1 Dates for Filing shows:

• All Chargeability Areas Except Those Listed: C
• China—mainland born: 01AUG23
• India: 01AUG23
• Mexico: C
• Philippines: C

So, for EB-1 India in January 2026:

• Final Action Date: 01FEB23
• Date for Filing: 01AUG23

That creates a filing window of about six months between the two charts.

Important caution: adjustment-of-status applicants inside the United States 🇺🇸 can only use the filing chart if USCIS says so for that month. The Visa Bulletin’s instructions explain the rule, but this article does not include USCIS’s month-by-month choice for January 2026, so verify the chart selection directly on official guidance before acting.

Step-by-step EB-1 India journey under these cut-off dates

Even when EB-1 India is backlogged, the path is still predictable if you keep your priority date and the charts straight.

1. Confirm your priority date
   • Your priority date is your place in line. In most EB-1 cases, it is tied to when the underlying petition was properly filed (or, in some situations, when labor certification was filed—though EB-1 typically does not use labor certification).
   • Your employer or lawyer can confirm it from your receipt notices.
2. Match your priority date to the correct chart
   • Use Final Action Dates to check whether approval/issuance can happen now.
   • Use Dates for Filing only if you are eligible to file and USCIS permits that chart for adjustment filings that month.
3. If you are in the United States: prepare to file adjustment of status when allowed
   • When your priority date is eligible under the chart USCIS directs you to use, the main filing is Form I-485, Application to Register Permanent Residence or Adjust Status, filed with USCIS.
   • File it only when your priority date is “current” under the chart USCIS has chosen for that month.
   • Form and instructions: Form I-485 (USCIS)
4. If you are outside the United States: follow consular processing when Final Action is available
   • For consular cases, Final Action Dates control when an immigrant visa can be issued.
   • The Visa Bulletin itself is the public, official schedule you use to judge whether the case can move to issuance once the case is documentarily complete.
5. Expect “ready but waiting” periods if your date is not yet reached
   • If your priority date is after 01FEB23, you can be fully qualified and still have no final approval in January 2026, because the category is capped.
   • This is the lived reality of a backlog: eligibility does not equal immediate availability.

For the official bulletin, see the Department of State’s page here: U.S. Department of State Visa Bulletin.

Key takeaway: Only “C” means current. A recent cut-off date (like 01FEB23) can feel almost current, but it still blocks approvals for anyone with a later priority date.

What changed from December 2025 to January 2026, and why it matters

EB-1 India did not become current, but it did move forward. The source material provides a direct comparison:

• December 2025 EB-1 India Final Action Date: 15MAR22
• January 2026 EB-1 India Final Action Date: 01FEB23

That is a substantial advance—roughly ten-plus months—meaning many applicants with 2022 priority dates who were blocked in December may be eligible for final action in January, depending on their exact date.

China moved too, and the January 2026 bulletin aligns China and India at 01FEB23 for EB-1 Final Action. Meanwhile, All Chargeability Areas stayed at C, reinforcing that the pressure point is concentrated in high-demand countries rather than across EB-1 worldwide.

Placing EB-1 India in the wider India employment backlog

The same January 2026 bulletin shows how much faster EB-1 is moving compared with other India employment categories:

So EB-1 India can be “better” than EB-2 and EB-3 by a decade and still be backlogged, because the test is not whether the date looks recent—it is whether the chart shows C or a cut-off date.

For applicants and employers, the immediate, practical work is simple but strict:

• Know your priority date.
• Watch the monthly Final Action Dates.
• Treat “C” as the only meaning of current, even when the cut-off date feels close.