Why EB-1 India Is Backlogged

The EB-1 green card is often current for many countries, but may be backlogged for India-born applicants due to high demand and statutory visa limits.

Per-Country Cap System

1. U.S. employment-based green cards are subject to annual numerical limits under immigration law.
2. Per-country caps limit the number of immigrant visas issued to each country each year.
3. When India's demand exceeds available EB-1 visas, the category becomes oversubscribed.

This results in cutoff dates in the Department of State Visa Bulletin, indicating when applicants may proceed. A cutoff date manages visa demand, even if EB-1 is current elsewhere.

Increased Indian EB-1 Demand

• H-1B-to-EB-1: As EB-2 backlogs reached 10+ years, attorneys advised qualified professionals to pursue EB-1 instead.
• Tech industry growth: India has the largest U.S. tech professional population. As experience and achievements increased, many became eligible for EB-1.
• EB-2 backlog avoidance: Professionals faced decade-long EB-2 waits and pursued EB-1, not anticipating its retrogression.
• Immigration attorney awareness: Better understanding of EB-1 standards and stronger petitions improved approval rates, encouraging more filings.

When Retrogression Began

• Pre-2018: EB-1 remained current for all countries, including India.
• October 2018: Initial signs of retrogression appeared. Priority dates began moving backwards intermittently.
• 2019-2020: Backlog solidified as filings exceeded availability; priority dates cut off in the 2012-2016 range.
• 2021-2022: COVID delays and pent-up demand worsened backlogs; priority dates moved slowly or stagnated.
• 2023-Present: Priority dates remain in the 2017-2020 range, causing 3- to 7-year waits.

EB-1 India processing timelines depend on visa availability, determined by monthly updates from the U.S. Department of State.

Visa Bulletin Walkthrough (India)

Understanding how to read the Visa Bulletin is essential for tracking your priority date and determining when you may take the next steps in the green card process.

What Is the Visa Bulletin

The U.S. Department of State publishes the monthly Visa Bulletin, which lists cutoff dates for employment-based immigrant visa availability by country. Applicants with earlier priority dates may proceed to final green card processing, depending on visa availability.

The Visa Bulletin is typically released between the 8th and 15th of each month and reflects visa availability for the following month.

Two Different Date Charts

The Visa Bulletin contains two distinct charts that serve different purposes:

1. Final Action Date: The date is published monthly by the U.S. government in the Visa Bulletin. If your priority date-the date when your application was first filed-is earlier than the listed Final Action Date and your case is otherwise ready, USCIS may approve your adjustment of status or immigrant visa application.
2. Filing Date: This chart indicates when you may be eligible to file Form I-485, even if a visa is not yet available. USCIS decides monthly whether this chart is usable for filing.

Understanding the difference between these two charts is important for planning your green card application.

Reading EB-1 India Priority Dates

In the Visa Bulletin, find the Employment-Based section, locate First Preference (EB-1), and check the India column for that month’s cutoff dates.

Example (Illustrative Only):

• Final Action Date for EB-1 India: January 1, 2019 (the date when a green card can be approved)
• Date for Filing for EB-1 India: May 1, 2020 (the earliest an applicant may typically file Form I-485)

What this means:

• If your EB-1 priority date is January 1, 2019 or earlier, your case may be eligible for final processing and possible green card approval, provided all other requirements are met.
• If your priority date is between January 2, 2019 and May 1, 2020, you may file Form I-485 if you are allowed to use the Dates for Filing chart for that month.
• If your priority date is after May 1, 2020, wait for future cutoff date advancements in the Visa Bulletin.

(Source: U.S. Department of State - Visa Bulletin; USCIS - Adjustment of Status Filing Charts Guidance).

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USCIS Filing Chart Decision

Each month, USCIS announces which chart applicants must use for employment-based Form I-485 filings:

1. USCIS may require applicants to use the Final Action Dates chart, which determines when a green card may be issued.
2. Alternatively, USCIS may permit use of the Dates for Filing chart, which may allow earlier submission of Form I-485 even if a visa number is not yet available.

This determination is typically posted on the USCIS website shortly after the monthly Visa Bulletin is released and applies to that month's filing.

Priority Date Assignment

Your priority date is generally established when USCIS receives your Form I-140, Immigrant Petition for Alien Worker. Understanding EB-1 priority dates is important for tracking your place in line for visa availability (Source: USCIS - Form I-140 Instructions; USCIS Policy Manual).

1. Receipt Date Determines Priority Date: The date USCIS (United States Citizenship and Immigration Services) receives your I-140 (Immigrant Petition for Alien Worker) becomes your priority date. A priority date is your place in line for a green card and is shown on your I-140 approval notice.
2. Multiple I-140 Petitions: If you file more than one I-140 petition, each petition will have its own priority date. In many cases, you may use the earliest approved priority date when filing Form I-485.
3. Priority Date Retention (Portability): Under certain conditions, you may retain an earlier priority date for a subsequently approved I-140 petition when changing employers or preference categories (Source: USCIS Policy Manual).

Tracking Movement

Priority dates in the Visa Bulletin do not move in predictable patterns. Some months may show forward movement, while others may remain unchanged or even regress, depending on visa demand and availability.

1. Forward Movement: Occurs when visa availability exceeds demand for a given category or country. Cutoff dates advance, allowing more applicants to proceed with final processing.
2. Stagnation: When cutoff dates remain unchanged, it may indicate that visa demand is aligned with the number of available immigrant visas.
3. Retrogression: Backward movement may occur when visa usage exceeds initial projections, requiring adjustment to ensure compliance with annual visa limits (Source: U.S. Department of State - Visa Bulletin).

India-Specific Considerations

Applicants from India should monitor the country-specific cutoff dates in the Visa Bulletin, as demand may differ significantly from that in other regions.

1. Separate India Tracking: Always refer to the India column, not the “All Chargeability Areas” column, when assessing eligibility.
2. Month-to-Month Variability: Priority date movement for India may vary depending on visa usage patterns and allocation adjustments.
3. Fiscal Year Trends: Visa allocation patterns may shift the cutoff date throughout the fiscal year, as immigrant visa numbers are distributed annually.

Predictions (2024-2026)

While exact priority date movement cannot be predicted, recent Visa Bulletin updates and employment-based visa demand trends suggest that EB-1 India will likely remain oversubscribed in the near term, driven by sustained filing volume and statutory visa limits.

Short-Term Outlook (2024-2025)

• Continued backlog expected: EB-1 India demand has increased in recent years alongside rising I-140 filings across employment-based categories. USCIS received over 580,000 employment-based I-140 petitions in FY2023, reflecting continued pressure on immigrant visa allocation (Source: USCIS - Form I-140 Receipts by Fiscal Year).
• Gradual forward movement: Because EB-1 receives 28.6% of the worldwide employment-based immigrant visa allocation annually, availability may be constrained when demand from a single country exceeds per-country limits.
• Current priority date range: As reflected in recent Visa Bulletins, EB-1 Final Action Dates for India have advanced into the early 2020s range, although movement may vary month-to-month depending on visa demand and allocation trends (Source: U.S. Department of State - Visa Bulletin).

Medium-Term Outlook (2025-2027)

• Persistent but manageable wait: EB-1 India applicants may continue to experience multi-year waits due to sustained demand relative to available immigrant visa numbers. Priority date movement is expected to remain gradual and subject to Visa Bulletin updates (Source: U.S. Department of State - Visa Bulletin).
• Possible spillover benefits: If EB-2 and EB-3 have unused visas, spillover to EB-1 could accelerate movement.

Factors Affecting Movement

Could accelerate movement:

• Legislative changes to visa allocation or per-country limits
• Reduced filing volumes
• Increased immigrant visa availability
• Spillover from EB-2 or EB-3 categories

Could slow movement:

• Increased EB-1 demand from India
• Processing delays
• Visa number retrogression
• Competition for spillover visa numbers from other employment-based categories

Realistic Timeline

Applicants filing EB-1 I-140s in 2024-2025 should expect green cards around 2029-2031 under a likely scenario with 12-18 months of annual priority date advancement. Applicants filing EB-1 I-140 petitions in 2024-2025 may experience variable green card timelines depending on priority date movement and visa availability, as determined by monthly Visa Bulletin updates (Source: U.S. Department of State - Visa Bulletin).

When EB-1 India Could Become Current

Definition and Mathematical Reality

A category shows “C” (Current) in the Visa Bulletin when immigrant visa demand is lower than the number of visas available for that category and country. In such cases, applicants may proceed with final green card processing regardless of their priority date.

For EB-1 India to become current, the number of available immigrant visas would need to consistently meet or exceed annual demand from Indian applicants.

Without Legislative Reform

Unlikely before 2030-2035: Under current law, EB-1 India becoming current appears improbable. Demand would need to drop from 4,000-6,000 annually to under 2,800 sustainably, which seems unlikely given demographics. Even if demand dropped dramatically, clearing the existing backlog would take 3-5 years.

With Legislative Reform

• Per-country cap elimination: Bills have been periodically proposed to eliminate the 7% limit. If passed, EB-1 India could become current within 2-4 years as the backlog clears.
• Cap increase or allocation expansion: Raising limits to 10-15% or expanding the total EB-1 visa allocation would improve the situation, but might not eliminate backlogs entirely.
• Likelihood: Immigration reform faces significant political challenges. Despite periodic bipartisan support, comprehensive bills haven't passed since 1990. Optimistic estimates give a 20-30% probability of reform by 2028-2030.

Realistic Projections

1. 2024-2026: EB-1 India is expected to remain subject to priority date cutoffs based on recent Visa Bulletin trends.
2. 2027 and beyond: Future movement will depend on visa demand, allocation patterns, and any legislative changes affecting employment-based immigrant visa limits.

Long-term EB-1 India availability will continue to be determined by visa number usage and annual allocation rules as reflected in monthly Visa Bulletin updates (Source: U.S. Department of State - Visa Bulletin).

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What Applicants Can Do Now

Facing multi-year waits in EB-1 India does not mean you are without options. There are several strategic steps applicants can take to improve flexibility while awaiting visa availability.

File I-140 Early

1. Establish your priority date as soon as you qualify by filing Form I-140.
2. Earlier filing helps secure your place in line for visa availability.
3. Premium Processing (currently $2,805) may be used to request expedited adjudication of the I-140 petition (Source: USCIS - Premium Processing Fee Schedule).

Maintain Valid Status

• H-1B extensions beyond 6 years: Approved I-140 petition holders may qualify for H-1B extensions beyond the standard 6-year limit under AC21 provisions
• Other status options: Alternative status options, such as L-1, O-1, or F-1 (including OPT, where eligible), may help maintain lawful presence while awaiting advancement of the priority date.

File I-485 When Dates Allow

• When your priority date becomes current under the applicable Visa Bulletin chart, and USCIS accepts filings, submit Form I-485 promptly.
• Filing Form I-485 may allow you to apply for employment authorization (EAD), advance parole travel authorization, and provide additional flexibility for dependent family members.

Use EAD and Advance Parole

1. After filing Form I-485, applicants may apply for an Employment Authorization Document (EAD) and an Advance Parole (AP) document.
2. EAD may allow employment without employer-specific visa restrictions.
3. Advance Parole may permit international travel while adjustment of status is pending (Source: USCIS - Form I-765 / Form I-131 Instructions).
4. Applicants in H-1B or L-1 status should review travel considerations before using Advance Parole.

Prepare for Priority Date Advancement

1. Monitor the Visa Bulletin monthly for changes to the cutoff dates.
2. Keep supporting documentation updated.
3. Complete the required immigration medical examination when appropriate.
4. Notify USCIS of any address changes while your application is pending.

Consider Alternative Strategies

1. Some applicants pursue EB-2 or EB-2 NIW petitions as an alternative or backup pathway where eligible.
2. Approved I-140 petition holders may benefit from job portability provisions after Form I-485 has been pending for at least 180 days (Source: USCIS - AC21 Portability Guidance).

Maintaining lawful status and planning proactively can help preserve work authorization and travel flexibility during the waiting period.

Get Expert EB-1 India Priority Date Guidance

Navigating EB-1 India backlogs requires understanding priority date dynamics, maintaining status through long waits, and strategically timing applications. Beyond Border provides comprehensive services for EB-1 applicants born in India.

We've helped hundreds of India-born professionals navigate EB-1 backlogs, maintain status during multi-year waits, and successfully transition to permanent residency.

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Frequently Asked Questions

What is the current EB-1 priority date for India?

Current EB-1 India priority dates vary by category and change monthly in the Visa Bulletin. As of late 2023/early 2024, Final Action Dates for EB-1 India generally range from 2017-2020, depending on EB-1A, EB-1B, or EB-1C category. Check the current month's Visa Bulletin at travel.state.gov for up-to-date dates.

How long is the EB-1 wait time for India?

Current EB-1 India wait times are approximately 5-7 years from I-140 filing to green card approval, depending on your priority date and the rate at which dates advance. Applicants filing in 2024-2025 should expect to receive green cards around 2029-2031, based on current priority date movement patterns.

When will EB-1 India become current?

Under current per-country cap laws, EB-1 India is unlikely to become current before 2030-2035 without legislative reform. 

Annual visa supply (~2,800) falls short of demand (4,000-6,000), making backlogs mathematically persistent. Legislative reform eliminating per-country caps could bring India's EB-1 current within 2-4 years, if passed.

Can I file an I-485 while waiting for my EB-1 India priority date to become current?

Yes, when your priority date becomes current under the Filing Date chart, and USCIS announces they're accepting filings based on that chart. 

Filing I-485 early (before Final Action Date) provides work authorization (EAD) and travel permission (Advance Parole) even though final green card approval waits until Final Action Date becomes current.

What happens to my H-1B when my EB-1 priority date is waiting?

With an approved I-140, you qualify for H-1B extensions beyond the normal 6-year limit. Extensions are granted in 1-year increments if the priority date isn't current, or in 3-year increments if the I-485 has been pending for 1+ year. This allows maintaining status throughout the EB-1 India backlog.

Can I change jobs while my EB-1 priority date is pending?

Yes, with limitations. Before filing Form I-485, job changes require a new employer to file a new Form I-140, though you may port your earlier priority date. After your I-485 has been pending for 180+ days, you can change jobs using AC21 portability to the same or a similar position without jeopardizing your green card.

Does the EB-1 India backlog affect all three categories?

Yes. EB-1A (extraordinary ability), EB-1B (outstanding researchers/professors), and EB-1C (multinational managers/executives) all face India-specific backlogs. Priority date cutoffs vary slightly between categories each month, but all three experience multi-year waits.

Can I apply for EB-2 NIW while waiting for EB-1 India priority date?

Yes. Filing EB-2 NIW creates a second priority date and provides a backup option. However, EB-2 India has even longer backlogs (10+ years) than EB-1 India. 

Strategy works best when EB-2 filing establishes an earlier priority date than EB-1, or when EB-1 approval is uncertain.

What is priority date retrogression?

Retrogression occurs when priority date cutoffs move backward (earlier dates) in the Visa Bulletin. Happens when USCIS or the State Department overestimates visa availability. Retrogression can temporarily prevent applicants who were previously current from proceeding, though they'll become current again when dates advance past their priority date.

How can I track the movement of the EB-1 India priority date?

Check the Visa Bulletin published monthly at travel.state.gov around the 8th-15th of each month. Look at the "Employment-Based" section, "First Preference" row, and India column. 

Track both the Final Action Date and Filing Date charts. Many immigration law firms and USCIS also publish analyses and predictions of the Visa Bulletin.