EB-1A and EB-2 NIW for Indians: wait times in the October 2026 bulletin

How long is the wait for EB-1A or the EB-2 NIW if you were born in India? The October 2026 Visa Bulletin gives the current answer for final approval: Indian EB-1 applicants with a priority date before February 1, 2023 can be approved now if otherwise eligible, and Indian EB-2 applicants, including NIW filers, need a priority date before November 1, 2013. USCIS is letting people file their green card applications earlier, under the Dates for Filing chart. This guide covers the India dates, why India has its own queue, what a spouse born elsewhere can change, and what you can do while you wait.

What are India's EB-1 and EB-2 dates in October 2026?

Here are India's dates from the State Department's Visa Bulletin for October 2026, with Rest of World and September 2026 for comparison. A priority date is your place in line; for EB-1A and the NIW it is generally the date your Form I-140 petition was properly filed (8 CFR 204.5(d)).

(Visa Bulletin for September 2026) Put simply, the EB-2 India Final Action Date is almost 13 years before October 2026, and the EB-1 India date is about 3 years and 8 months before it. That is how far back the line is today. It is not a forecast of how long someone filing now will wait.

For the full chart across countries, see our Visa Bulletin page.

Why does India have its own queue?

Because the law caps how many employment-based and family preference visas can go to natives of any one country each year:

"Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year." 8 U.S.C. 1152(a)(2) (INA 202(a)(2))

(8 U.S.C. 1152, Cornell LII) The October 2026 bulletin gives 25,620 as the per-country limit, based on the minimum annual preference limits; the State Department sets the final figure for each fiscal year later (for FY 2026 it was 28,862). The bulletin lists India among the "oversubscribed" areas where the Section 202(e) prorating rules apply (Visa Bulletin for October 2026). Because demand from India-born applicants is higher than that limit, India gets its own, later cutoff dates.

The cap has an exception. Under INA 202(a)(5)(A), if an employment-based preference category has more visas available in a calendar quarter than qualified applicants, the visas in that category are issued without regard to the per-country limit for the rest of the quarter. Our guide to country of chargeability explains the queue rules in more depth.

Can a spouse born elsewhere change your queue?

Sometimes. Your queue generally follows your country of birth: the statute says the foreign state you are charged to "shall be determined by birth within such foreign state except that" a list of exceptions applies. One exception covers spouses:

"(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;" 8 U.S.C. 1152(b)(2) (INA 202(b)(2))

(8 U.S.C. 1152(b), Cornell LII) In plain words: if you were born in India and your spouse was born in a country with a shorter queue, you may be able to use your spouse's country when you are accompanying or following to join your spouse, your spouse has received or would qualify for an immigrant visa, and immigration charged to your spouse's country has not reached its per-country limit for that fiscal year. Note the conditions in the text, including "if necessary to prevent the separation of husband and wife".

What this means in practice: this is often called cross-chargeability. Whether it fits your family depends on the facts, so ask your attorney before you rely on it. Our country of chargeability guide covers the other exceptions.

Can you file an I-485 now?

If you are in the United States, your priority date is earlier than India's Date for Filing, and you are otherwise eligible, you may be able to file Form I-485, the application to adjust status to permanent residence, in October 2026. USCIS says that for October 2026, "For all employment-based preference categories, you must use the Dates for Filing chart" (USCIS, Adjustment of Status Filing Charts). For India, that is July 1, 2024 for EB-1 and January 15, 2015 for EB-2.

You do not always need to wait for the I-140 approval first:

"If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245." 8 CFR 245.2(a)(2)(i)(B)

(eCFR, 8 CFR 245.2) A pending I-485 generally cannot be approved until your priority date is also earlier than the Final Action Date, because an I-485 cannot be approved until a visa number is allocated (8 CFR 245.2(a)(5)(ii)). Our guide to the I-485 in practice walks through the process.

What do the EAD and advance parole give you while you wait?

A pending I-485 opens two benefits. First, work authorization: people who have filed an I-485 are a category that may apply for an employment authorization document (EAD):

"(9) An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 of this chapter." 8 CFR 274a.12(c)(9)

(eCFR, 8 CFR 274a.12) Second, travel. Leaving the United States while an I-485 is pending is generally treated as abandoning it, unless you were granted advance parole beforehand and were inspected and paroled on return (8 CFR 245.2(a)(4)(ii)(A) and (B)). There are separate exceptions in 8 CFR 245.2(a)(4)(ii)(C), including one for people in lawful H-1 or L-1 status who, on return, remain eligible for H or L status, are coming to resume work with the same employer and hold a valid H or L visa if one is required.

What this means in practice: for India-born applicants with long waits, these benefits can matter as much as the green card date itself. Our posts on the EAD while an I-485 is pending and on advance parole travel cover the limits and risks.

Do you keep your priority date if you change petitions?

Generally, yes. Once an EB-1, EB-2 or EB-3 petition is approved, its priority date can carry to a later petition in any of those categories:

"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify." 8 CFR 204.5(e)(1)

(eCFR, 8 CFR 204.5) There are exceptions, such as revocation for fraud or a material error, and a denied petition does not create a priority date. For an Indian applicant, retention is why an approved EB-2 petition can still help if you later qualify for EB-1A. Our guide to priority date retention covers the details, and our EB-1A vs EB-2 NIW comparison explains the different standards.

Can anyone predict when your date will be current?

No one can do it reliably. Dates can move forward, stand still or move back. In September 2026, the State Department warned that demand from India in EB-1 "may necessitate making the category unavailable in the coming weeks" (Visa Bulletin for September 2026). A month later, in a new fiscal year, the EB-1 India date moved forward. In the October bulletin, the State Department said of its Rest of World retrogressions that the situation "is being continually monitored" (Visa Bulletin for October 2026).

What this means in practice: treat any forecast as a guess, including ours. Our guide to priority dates and retrogression explains why dates move.

Where to start

For India-born applicants, the difference between the EB-1 and EB-2 queues is large, so it is worth knowing whether EB-1A is realistic for you. Start with the free evaluation: upload your resume, with no account or card, and see where you stand on the EB-1A and NIW criteria.

If you are close, Frank finds real opportunities, such as judging panels, peer review, awards and calls for speakers, and helps you save the proof. Frank Starter is $49 a month with a 7-day free trial. Filings are prepared by licensed attorneys at an independent partner firm: EB-2 NIW from $7,995 and EB-1A from $8,995, with USCIS fees separate. Green Card Guide is not a law firm, and this post is not legal advice.

Sources

All checked October 11, 2026.

• U.S. Department of State, Visa Bulletin for October 2026. India and Rest of World EB-1 and EB-2 dates, the 25,620 per-country limit and oversubscribed areas.
• U.S. Department of State, Visa Bulletin for September 2026. September dates and the EB-1 India warning.
• USCIS, Adjustment of Status Filing Charts from the Visa Bulletin (updated 10/01/2026). Dates for Filing chart for October 2026.
• 8 U.S.C. 1152 (INA 202), Cornell LII. Per-country limit, the quarterly exception and chargeability rules, quoted above.
• eCFR, 8 CFR 204.5. Priority date and priority date retention.
• eCFR, 8 CFR 245.1. Visa availability for adjustment of status.
• eCFR, 8 CFR 245.2. Concurrent filing and travel while an I-485 is pending.
• eCFR, 8 CFR 274a.12. Work authorization for adjustment applicants.

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.