The EB-2 India priority date is one of the most checked numbers in U.S. immigration, and it is often misunderstood. Your priority date is fixed when you file. What moves each month is the cutoff in the Visa Bulletin. When your date is earlier than the cutoff, your turn has come.
As of October 29, 2026, USCIS says that "for all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2026" (USCIS, Adjustment of Status Filing Charts). Because the cutoff changes monthly, check the Visa Bulletin itself for the current EB-2 India date. This guide explains how to read it.
- For PERM cases, the priority date is the date DOL accepted the labor certification; for NIW, it is the date USCIS received the properly filed I-140.
- A visa is available when your priority date is earlier than the cutoff for your category and country of chargeability.
- For November 2026, USCIS says employment-based applicants must use the Dates for Filing chart to file the I-485.
- The per-country cap limits any single country to 7% of family and employment visas in a fiscal year.
- In April to June 2026, India-born applicants filed 10,645 of 15,476 EB-2 advanced degree I-140s.
- An approved EB-1, EB-2 or EB-3 petition's priority date can generally be kept for a later petition.
How is your priority date set?
It depends on whether your case needs a labor certification. "The priority date of any petition filed for classification under section 203(b) of the Act which is accompanied by an individual labor certification from the Department of Labor shall be the date the labor certification application was accepted for processing by any office of the Department of Labor." For a petition "which does not require a labor certification," such as an NIW, it is "the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with USCIS" (8 CFR 204.5(d), eCFR).
| Your case | Your priority date |
|---|---|
| EB-2 through PERM | Date DOL accepted the PERM application |
| EB-2 NIW | Date USCIS received the properly filed I-140 |
| Ported from an earlier approved I-140 | The earlier date, if retained |
When is your priority date current?
USCIS puts it simply: "A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin" (USCIS, Visa Availability and Priority Dates). If the chart shows the letter C instead of a date, the category is current and you may file "regardless of the priority date."
Dates can also move backward. USCIS notes that "sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date" (same). Our guide to priority date retrogression explains why.
Which chart should you use?
The Visa Bulletin has two charts. The "Application Final Action Dates" chart shows when a visa can be issued, and the "Dates for Filing Applications" chart shows when applicants can start the process. By default, "you must use the 'Application Final Action Dates' for determining when you can file a Form I-485," unless the USCIS filing charts page says otherwise (USCIS, Visa Availability and Priority Dates). For November 2026, it does say otherwise, as quoted above.
There is one more rule: "if a particular immigrant visa category is 'current' on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month" (USCIS, Adjustment of Status Filing Charts). Our guide to the two Visa Bulletin charts walks through an example.
Does filing early mean approval early?
No. Filing under the Dates for Filing chart gets your I-485 on file, but the regulation says "an application for adjustment of status, as a preference alien, shall not be approved until an immigrant visa number has been allocated by the Department of State" (8 CFR 245.2(a)(5)(ii), eCFR). For a backlogged category like EB-2 India, that means the application can stay pending until your date is reached on the Final Action chart.
That is also why national processing averages say little about your case. USCIS reports that employment-based I-485s completed in April to June 2026 had a median of 6 months, with 268,408 pending at the end of June. But that median is "the time it took to complete 50% of all the cases processed in the quarter" (USCIS, Quarterly All Forms data, FY 2026 Q3). It reflects cases that could be decided, not cases waiting for a visa number. Our guide to USCIS processing times explains how to read these figures.
Why is EB-2 India so far behind?
Two reasons: the law and the numbers.
The per-country cap. The number of visas "made available to natives of any single foreign state" under the family and employment preference categories "in any fiscal year may not exceed 7 percent" of the total (8 U.S.C. 1152(a)(2)). The cap applies regardless of how many people from one country are waiting.
The demand. USCIS receipt data shows how much of EB-2 comes from India. In April to June 2026, USCIS received 15,476 EB-2 advanced degree I-140s (E21), and 10,645 of them were for beneficiaries born in India. India-born beneficiaries also accounted for 1,586 of 13,831 NIW receipts (USCIS, Form I-140 data, FY 2026 Q3). USCIS notes that the data counts petitions, and one person can file more than one.
Is it based on birth or citizenship?
Birth. "The foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state," with exceptions. One matters for many couples: if spouses are chargeable to different countries, an applicant may be charged to "the foreign state of the spouse he is accompanying or following to join," if necessary to prevent separation and if that country's limit has not been reached (8 U.S.C. 1152(b)).
Can you keep your priority date?
Generally, yes. "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" in those categories, and with multiple approvals "the alien shall be entitled to the earliest priority date" (8 CFR 204.5(e), eCFR).
The exceptions are revocation for fraud or willful misrepresentation, revocation or invalidation of the labor certification, or "material error." Also, "a denied petition will not establish a priority date" (same). This is what lets India-born applicants move an old EB-2 date to an EB-1 petition, or to EB-3. Our guides to priority date retention and EB-2 to EB-3 downgrades for India cover both moves.
What this means for you
- Find your priority date on your PERM approval or I-140 receipt notice.
- Each month, check the USCIS filing charts page first to see which chart applies, then the Visa Bulletin.
- Compare your date against EB-2 India, not the worldwide column, unless cross-chargeability applies.
- Keep your I-140 approved, since that preserves your date for later petitions.
- If your profile is strong, consider whether EB-1A or EB-1B could carry your existing date into a shorter line.
- If you file under Dates for Filing, plan for the I-485 to stay pending until a visa number is allocated, and ask your attorney whether to keep your nonimmigrant status as a backup.
- Do not rely on national processing medians to predict a backlogged case.
Where to start
Our free evaluation at /evaluate/ shows whether your record could support EB-1A or an NIW alongside your current EB-2 case, and Frank, our AI assistant at /frank, helps you build the evidence for a stronger category. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 29, 2026.
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin. November 2026 chart choice; Final Action override rule.
- USCIS, Visa Availability and Priority Dates. When a visa is available; current; retrogression; default chart.
- 8 CFR 204.5(d) and (e) (eCFR, current text). How priority dates are set and retained.
- 8 CFR 245.2(a)(5)(ii) (eCFR, current text). No approval until a visa number is allocated.
- USCIS, Quarterly All Forms data, FY 2026 Q3. Employment-based I-485 median and pending.
- 8 U.S.C. 1152 (INA 202). 7% per-country cap; chargeability by birth; spouse exception.
- USCIS, Form I-140 data, FY 2026 Q3 (April to June 2026). Receipts by country of birth.
- U.S. Department of State, Visa Bulletin. Monthly cutoff dates (check the current month).
Frequently asked questions
What is the current EB-2 India priority date?
It changes monthly, so check the Department of State Visa Bulletin and the USCIS Adjustment of Status Filing Charts page for the current month. For November 2026, USCIS says employment-based applicants must use the Dates for Filing chart. If your priority date is earlier than the date listed for EB-2 India in that chart, you may file Form I-485.
Why is EB-2 India so backlogged?
Because of the per-country cap and demand. The law limits each country to 7% of the family and employment visas available in a fiscal year, and demand from India-born applicants far exceeds that share. USCIS data shows India-born beneficiaries filed 10,645 of the 15,476 EB-2 advanced degree I-140s received in April to June 2026.
Is my priority date based on my citizenship?
The line you wait in is based on country of chargeability, which is generally your country of birth, not citizenship. The law has exceptions: you may be charged to your spouse's country of birth if needed to avoid separating the family and that country's limit has not been reached. This can help an India-born applicant married to someone born elsewhere.
Do I lose my priority date if I change jobs?
Not usually, once the I-140 is approved. The regulation says an approved EB-1, EB-2 or EB-3 petition gives you its priority date for any later petition in those categories, and you keep the earliest date. The date is lost only if approval is revoked for fraud, misrepresentation, labor certification revocation or invalidation, or material error. A denied petition never sets a date.
What is the difference between Final Action Dates and Dates for Filing?
Final Action Dates show when a visa can actually be issued or a green card approved. Dates for Filing show when you can submit your application. Each month USCIS says which chart adjustment applicants must use for filing. When it chooses Dates for Filing, as it did for November 2026, you can file earlier, but approval still waits for the Final Action Date.
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.
