EB-2 Priority Date for India: November 2026 Dates, History, and Your Options

Reviewed by: Beth Persky, Esq.

The EB-2 priority date cutoff for India in the November 2026 Visa Bulletin is November 1, 2013 for green card approval (the Final Action Date) and January 15, 2015 for filing (the Date for Filing), both unchanged from October 2026. Your own priority date must be earlier than the cutoff to be current. Your priority date is your place in line: for PERM-based EB-2, it is the date the Department of Labor accepted your PERM labor certification for processing, and for a National Interest Waiver, it is the date USCIS received your properly filed Form I-140. These dates are in effect from November 1 through November 30, 2026. USCIS has designated the Dates for Filing chart for all employment-based adjustment of status filings in November 2026, so an India-born EB-2 applicant with a priority date earlier than January 15, 2015 may be able to file Form I-485 this month, while approval still requires a priority date earlier than November 1, 2013.

India has its own EB-2 cutoff because U.S. law limits how many employment-based and family-based preference green cards can go to people born in any one country each fiscal year. Demand from India-born applicants exceeds that share, so the Department of State (DOS) publishes India-specific dates that move separately from the rest of the world. This post explains the current India EB-2 dates, how your priority date is set, how the India line has moved over eight fiscal years, why it can move backward, and what you can do while you wait.

Why does India have its own EB-2 priority date?

Under section 202(a)(2) of the Immigration and Nationality Act (INA), people born in a single country can generally receive no more than 7 percent of the combined family-sponsored and employment-based preference green cards in a fiscal year. The limit applies to that combined total, not to EB-2 by itself. When a country reaches the limit, INA 202(e) divides that country’s numbers among the preference categories in the same proportions as the worldwide limits, so the number of EB-2 green cards that can go to India-born applicants in a year is capped unless INA 202(a)(5) applies (that provision lets numbers be issued without regard to the per-country limit when a category’s worldwide demand is below its supply). The November 2026 bulletin states the per-country limit as 25,620 for fiscal year (FY) 2027. The September 2026 bulletin reported a final FY2026 per-country figure of 28,862. The two are not directly comparable: the FY2027 figure is the opening figure based on the statutory minimum employment-based level, while the FY2026 figure was final and reflected unused family-sponsored numbers added to that year’s employment-based limit.

When a country’s demand in a category is greater than the numbers available to it, DOS lists that country in its own column. India, mainland China, Mexico, and the Philippines are the oversubscribed areas named in the November 2026 bulletin. In that bulletin, the India EB-2 Final Action Date (November 1, 2013) sits more than eleven years behind the rest-of-world EB-2 Final Action Date (April 1, 2025) because demand from India-born EB-2 applicants exceeds the India allocation of EB-2 numbers. The gap shows up on the Dates for Filing chart too: for November 2026, the rest-of-world EB-2 Date for Filing is March 15, 2026, while India’s is January 15, 2015.

The country that counts is generally your country of birth, which the bulletin calls chargeability. It is not your citizenship or where you live. A person born in India who holds Canadian citizenship is charged to India. INA 202(b) allows a different country in limited situations, each with its own conditions:

• Child charged to a parent’s country (INA 202(b)(1)): a child who is accompanying or following to join a parent can be charged to the parent’s country of chargeability if necessary to prevent the child from being charged to a different country.
• Spouse cross-chargeability (INA 202(b)(2)): a person who is accompanying or following to join a spouse can be charged to the spouse’s country if necessary to prevent separation of the couple. This rule works in both directions. An India-born principal EB-2 applicant whose spouse was born in a different country and is immigrating with them as a dependent may, in qualifying cases, be charged to the spouse’s country; the converse applies to a dependent spouse charged to the principal’s country.
• Born in a country where neither parent was born or resided (INA 202(b)(4)): a person born in a country of which neither parent was a native or resident at the time of the birth can be charged to a parent’s country.

Cross-chargeability must be requested with supporting evidence; it is not applied automatically.

What are the India EB-2 dates in November 2026?

Both dates come from the DOS bulletins (October 2026, November 2026). The Final Action Date tells you when a green card can actually be approved: your priority date must be earlier than the listed date. The Date for Filing is an earlier-stage chart that, in a month when USCIS designates it, lets you submit Form I-485 sooner.

The November 2026 dates apply from November 1 through November 30, 2026. DOS publishes each month’s bulletin in advance, during the preceding month, so check the DOS Visa Bulletin index for the December 2026 bulletin and the USCIS chart designation for December before relying on these figures for a December filing.

Which chart is USCIS accepting in November 2026?

Each month USCIS decides whether employment-based adjustment applicants inside the United States must use the Final Action Dates chart or may use the Dates for Filing chart. For November 2026, USCIS has designated the Dates for Filing chart in the November 2026 Visa Bulletin for all employment-based preference categories, the same chart it designated for October 2026. In September 2026, employment-based applicants had to use the Final Action Dates chart.

For India EB-2 this means that if your priority date is earlier than January 15, 2015, you may be able to file Form I-485 in November 2026, together with Form I-765 (work permit, or EAD) and Form I-131 (advance parole), as long as you also meet the other adjustment of status requirements, including an approved or concurrently filed I-140 and physical presence in the United States. Those requirements go well beyond a current priority date. Among other things, you generally must have been inspected and admitted or paroled, must be admissible (or qualify for a waiver), and must not be subject to a bar under INA 245(c). For employment-based applicants, INA 245(k) can excuse a failure to maintain status, unauthorized employment, or a violation of the terms of admission, but only if the total period of such violations since your last lawful admission does not exceed 180 days. Review these points before relying on a filing window. Forms I-765 and I-131 are separate benefit requests with their own eligibility rules and their own government filing fees, so check the live USCIS fee schedule and current form instructions before you file. Approval still waits until your priority date is earlier than the Final Action Date. USCIS can switch charts from month to month, so check its page in the month you plan to file. The chart that applies is the one in effect for the month USCIS receives your I-485 at the correct filing location, and USCIS states that only a revised Visa Bulletin for that month would change its decision to accept or reject an application on visa-availability grounds.

What did “Unavailable” mean for India EB-2 in September 2026?

In the September 2026 bulletin, India EB-2 showed “U” in the Final Action Dates chart. The bulletin’s legend defines “U” as unauthorized, meaning numbers are not authorized for issuance. In practice, no India EB-2 green cards could be approved for the rest of FY2026, even for people with early priority dates. The Date for Filing stayed at January 15, 2015.

A new allocation of visa numbers begins every October 1. The October 2026 bulletin restored an India EB-2 Final Action Date of November 1, 2013, and the November 2026 bulletin keeps the category at that cutoff. The October 2026 bulletin also said DOS continually monitors the categories and will make adjustments as needed, so a category can again become unavailable later in a fiscal year. USCIS has also explained that there is no new batch of numbers allocated to a specific country or category at the start of each quarter; the Final Action Dates reflect the annual category and per-country limits. This post does not predict whether India EB-2 will become unavailable again before September 30, 2027.

How is your EB-2 priority date set?

Your priority date is your place in line. Under 8 CFR 204.5(d), it depends on how the case started:

• PERM-based EB-2 (employer sponsorship): the date the Department of Labor accepted the PERM labor certification application for processing.
• National Interest Waiver (EB-2 NIW): no PERM is needed, so the priority date is the date USCIS received the properly filed Form I-140.

 The date is printed on the I-140 receipt and approval notices. It does not depend on when the I-140 is approved, and premium processing does not change it. NIW is a way to qualify for EB-2, not a separate line: NIW applicants born in India use the India EB-2 dates.

How has the India EB-2 date moved since FY2020?

The table below lists the India EB-2 dates in the October bulletin, the first bulletin of each fiscal year, from FY2020 to FY2027. Each value can be checked against the archived DOS bulletin for that month.

The Final Action Date moved about four and a half years in seven years, so each calendar year of waiting has not produced a full year of movement. The line also went backward: the October 2023 Final Action Date (January 1, 2012) was earlier than the October 2022 date (April 1, 2012). Dates also move within a fiscal year; for example, the India EB-2 Final Action Date reached July 15, 2014 in the May 2026 bulletin before the category became unavailable in September 2026 and reopened at November 1, 2013 in October 2026. That means an applicant whose priority date was within the cutoff in May 2026 may be outside it again in November 2026. Past movement is historical fact, not a forecast of future movement.

Can spillover help India EB-2?

Spillover is the rule that moves unused green cards from one group to another. In plain terms, under INA 203(b):

• Unused EB-4 and EB-5 numbers are added to EB-1.
• Unused EB-1 numbers are added to EB-2.
• Unused EB-2 numbers are added to EB-3.
• Unused family-sponsored numbers from one year are added to the next year’s employment-based limit.

When a category as a whole has more numbers than demand, INA 202(a)(5) allows the remaining numbers to be issued without regard to the per-country limit, in priority date order. Because India EB-2 applicants hold some of the oldest priority dates, India can benefit when spillover reaches EB-2. In recent years, however, rest-of-world EB-2 demand has been high: in the November 2026 bulletin, even the rest-of-world EB-2 column carried a Final Action Date (April 1, 2025) rather than being current. When the whole category carries a cutoff date, worldwide demand is absorbing the numbers, and there is less room for spillover to reach India.

Why can the India EB-2 date move backward?

Retrogression means a cutoff date moves to an earlier date. DOS retrogresses a date when more applicants are ready to be approved than the remaining numbers can cover. USCIS has explained that in October 2022, without a retrogression of the India EB-2 Final Action Date, visa use would likely have exceeded the available numbers within the first few weeks of the fiscal year. The October 2023 date was earlier again.

If your date was current and then retrogresses, a pending I-485 stays pending rather than being denied for that reason, and the USCIS Policy Manual states that such a case should be retained, pre-processed, and adjudicated up to the point of final approval. You can generally continue to renew an EAD and advance parole based on the pending I-485. Approval waits until your priority date becomes current again under the Final Action Dates chart in effect at the time of approval. Plan for the possibility of retrogression rather than assuming dates only move forward.

Can you move between EB-2, EB-3, and EB-1 and keep your priority date?

Under 8 CFR 204.5(e), a priority date from an approved I-140 in EB-1, EB-2, or EB-3 can generally be used for a later I-140 in any of those categories. The date is lost only if the earlier approval is revoked for fraud or willful misrepresentation, the labor certification is revoked or invalidated, or USCIS finds a material error in the approval. An employer’s withdrawal of an approved I-140 does not by itself take away the priority date. An I-140 that was denied, or that was withdrawn or revoked before approval, does not carry a retained priority date.

• Downgrading to EB-3. Some India EB-2 applicants file a second I-140 in EB-3, in some cases supported by the same approved PERM labor certification, when the India EB-3 Final Action Date is later than the EB-2 date. In November 2026 the India EB-3 Final Action Date is January 22, 2014, nearly three months later than EB-2, and the India EB-3 Date for Filing is January 15, 2015, the same as EB-2. Whether the same PERM can support the new petition depends on the labor certification’s validity rules and the job as certified, so this needs case-specific review. If you already have a pending I-485, the new EB-3 petition does not move that application on its own; see the pending I-485 paragraph below. See our EB-3 priority date for India post for the side-by-side history.
• Upgrading to EB-1. A person who later qualifies for EB-1 (for example, EB-1A extraordinary ability, EB-1B outstanding researcher, or EB-1C multinational manager) can file an EB-1 I-140 and keep the older EB-2 date. In November 2026 the India EB-1 Date for Filing is July 1, 2024. As with a downgrade, an approved EB-1 petition does not automatically change the basis of a pending I-485. See our EB-1 priority date for India post.
• Pending I-485. If an I-485 is already pending, USCIS Policy Manual Volume 7, Part A, Chapter 8 describes a written request to transfer the pending application to a new basis (for example, from an EB-2 I-140 to a pending or approved EB-3 or EB-1 I-140). A transfer is never automatic. USCIS requires that the I-485 has remained pending without a break, that the applicant has continuously maintained eligibility for adjustment through the date USCIS receives the transfer request, that the applicant is eligible under the new category, that a petition supporting the new basis is pending or approved, and that a visa number is immediately available under the new basis on the date USCIS receives the request. Timing matters: the request must reach USCIS before a withdrawal, denial, or revocation of the original I-140 ends your continuing eligibility, and USCIS cannot transfer an I-485 after it has made a final decision on it. USCIS decides the request as a matter of discretion.

Whether a second petition makes sense depends on the job requirements, the employer’s willingness, and your own record. A new petition also brings a new government filing fee and new evidence; check the live USCIS fee schedule for the current Form I-140 fee before filing.

How does the India EB-2 wait affect children close to 21?

A child who turns 21 before a green card is approved can lose derivative status (“aging out”). The Child Status Protection Act (CSPA) lets the child subtract the time the I-140 was pending from their age, measured on the date a visa became available. Three points matter for India-born EB-2 families:

• Which chart sets the CSPA date depends on when the request was filed. USCIS states that its current guidance is effective August 15, 2025 and applies to requests filed on or after that date. For those requests, USCIS uses the Final Action Dates chart to decide when a visa became available, even in a month when it accepts I-485 filings under the Dates for Filing chart. For adjustment applications that were already pending before August 15, 2025, USCIS continues to apply its February 14, 2023 policy, under which the Dates for Filing chart can be used when USCIS had designated that chart for the month of filing. USCIS has also said it may consider, as a matter of discretion, extraordinary circumstances for some applicants affected by the change in policy; that relief is not automatic, and the applicant must satisfy the conditions in the policy, including showing that the circumstances were beyond their control and that any delay was reasonable where that showing is required.
• The child must also “seek to acquire” permanent residence within one year of the date a visa became available. Under the Policy Manual, the date of visa availability is the date of petition approval or the first day of the month of the bulletin that shows availability under the Final Action Dates chart, whichever is later. USCIS treats a retrogression as restarting the full one-year period only when the date retrogressed before the child had a full, continuous year of visa availability in which to act. If the date stayed current for a full year and the child did not act, a later retrogression does not by itself cure the missed deadline, although USCIS may excuse a late filing for extraordinary circumstances.
• These rules are technical, and the consequences of aging out can be serious and hard to undo, so a family with a child near 21 should get advice before a filing window opens and before it closes.

Planning steps for India-born EB-2 applicants

1. Find your exact priority date on your I-140 receipt or approval notice, and confirm your chargeability country (generally your country of birth, or a different country if one of the INA 202(b) alternate-chargeability rules applies).
2. Check the current bulletin every month, plus the USCIS Adjustment of Status Filing Charts page, and compare your date to both the Final Action Date and the Date for Filing. Your priority date must be earlier than the listed date, not the same date.
3. Gather I-485 documents early (birth certificates, Form I-693 medical exam, employment verification letter, Form I-485 Supplement J where required) so you can file in a month when the Dates for Filing chart is accepted. A filing window can close the next month.
4. Use the current form edition. Before you file, confirm on the live USCIS Form I-485 page which edition and instructions USCIS is accepting on the day you file. USCIS can reject an outdated edition, and a rejected filing does not hold your place for that month’s chart.
5. If you are on H-1B, track how long you have been in status. Under AC21 section 104(c) and 8 CFR 214.2(h)(13)(iii)(E), an approved I-140 can support H-1B extensions of up to three years beyond the six-year limit when the per-country limit is what prevents filing or approval of the green card application. Under AC21 section 106(a) and 8 CFR 214.2(h)(13)(iii)(D), one-year extensions are available when 365 days or more have passed since the filing of the PERM labor certification or the I-140, and the PERM or I-140 has not been denied, revoked, or withdrawn (time during timely administrative or judicial review of a denial can still count). Both regulatory provisions contain a filing requirement: once an immigrant visa number becomes available, you can lose eligibility for further extensions under that provision if you do not file Form I-485 or apply for an immigrant visa within one year of availability, unless the failure to file was due to circumstances beyond your control. Confirm which provision your extension relies on with your attorney, because the conditions differ.
6. If you have children close to 21, ask about the CSPA calculation before a filing window opens, because for requests filed on or after August 15, 2025 USCIS measures visa availability for CSPA using the Final Action Dates chart.
7. Before changing jobs, review the status of your I-140 and whether an I-485 has been pending for 180 days or more. Under INA 204(j), you may ask USCIS to approve a job change (portability) if you have a new permanent job offer in the same or a similar occupational classification and your I-485 has been pending for at least 180 days from its receipt date. The I-140 must be approved, or, if it is still pending, USCIS first decides the I-140 on its merits and allows portability only if the petition was approvable when filed and remained approvable. You make the request on Form I-485 Supplement J, and USCIS may reject a portability request filed before the 180-day point. Separately, under 8 CFR 205.1(a)(3)(iii)(C), an employer’s withdrawal of an I-140 that has been approved for 180 days or more, or where an I-485 has been pending for 180 days or more, does not automatically revoke the petition’s approval. Priority date retention under 8 CFR 204.5(e) is a separate rule that does not depend on the 180-day period.
8. Keep your I-485 address and status information current with USCIS, and keep EAD and advance parole renewals on track if you rely on them. The history table above shows that the Final Action Date has moved about four and a half years in seven years, so plan for the I-485 to remain pending for an extended period after filing under the Dates for Filing chart.
9. Ask a licensed attorney whether an EB-3 downgrade, an EB-1 petition, or alternate chargeability through a spouse or parent fits your facts, and, if you already have a pending I-485, whether and when a transfer-of-basis request should be filed.

Frequently Asked Questions

• Is there an EB-2 priority date for India?

  Yes. India has its own EB-2 Final Action Date and Date for Filing because of the per-country limit. In the November 2026 Visa Bulletin, they are November 1, 2013 and January 15, 2015.

• Does EB-2 NIW have a separate priority date for India?

  No. National Interest Waiver applicants are EB-2 applicants, so India-born NIW applicants use the India EB-2 dates. The NIW priority date is the date USCIS received the I-140.

• Why was India EB-2 listed as “U” in September 2026?

  The bulletin’s legend defines “U” as unauthorized, meaning numbers were not authorized for issuance for the rest of FY2026. The category reopened in October 2026 with a Final Action Date of November 1, 2013, and the November 2026 bulletin keeps that date.

• Can I file my I-485 in November 2026 if my India EB-2 priority date is before January 15, 2015?

  Possibly. For November 2026, USCIS designated the Dates for Filing chart for all employment-based adjustment filings. You must also meet the other I-485 requirements, including an approved or concurrently filed I-140, admissibility, and freedom from the INA 245(c) bars (subject to the 180-day allowance in INA 245(k)), and approval waits until your date is earlier than the Final Action Date.

• My priority date is exactly November 1, 2013. Is my date current?

  No. The bulletin states that a visa number is available only to applicants whose priority date is earlier than the listed cutoff. A priority date that matches the cutoff is not current.

• I was born in India but am a citizen of another country. Which date applies?

  The bulletin generally uses country of birth, so you are charged to India unless one of the limited alternate-chargeability rules in INA 202(b) applies. A spouse who is immigrating with you and was born in a different country may allow cross-chargeability to that country, whether you are the principal applicant or the dependent.

• Can I extend my H-1B past six years while I wait?

  Generally, yes. An approved I-140 can support H-1B extensions of up to three years beyond the six-year limit when the per-country limit is what holds up the green card. One-year extensions may be available when 365 days or more have passed since a PERM or I-140 was filed and it has not been denied, revoked, or withdrawn. Each provision also carries a filing requirement: if a visa number becomes available and you do not file for adjustment or an immigrant visa within one year, you can lose eligibility for further extensions under that provision unless the failure to file was outside your control.

• Is EB-3 India faster than EB-2 India right now?

  In November 2026 the India EB-3 Final Action Date (January 22, 2014) is nearly three months later than EB-2 (November 1, 2013), and the Dates for Filing are the same at January 15, 2015. The gap has changed over time, so compare both lines each month before deciding on a second petition.

• If I file under the Dates for Filing chart and the date later retrogresses, will my I-485 be denied?

  Not for that reason. The USCIS Policy Manual states that an application filed when a visa was available should be retained and processed up to the point of final approval. You can generally keep renewing an EAD and advance parole while it is pending.

• Does filing under the Dates for Filing chart protect my child’s CSPA age?

  Not by itself for requests filed on or after August 15, 2025. For those filings, USCIS calculates the CSPA age using the Final Action Dates chart, so a child’s age is locked only when the India EB-2 Final Action Date reaches your priority date and the child seeks to acquire permanent residence within one year. Adjustment applications that were already pending before August 15, 2025 are handled under the earlier February 14, 2023 policy, which allowed use of the Dates for Filing chart in a month when USCIS designated it.

• My priority date was within the cutoff in May 2026 but is not now. What happened?

  The India EB-2 Final Action Date reached July 15, 2014 in May 2026, then the category became unavailable in September 2026 and reopened at November 1, 2013 in October 2026. If you filed an I-485 while your date was within the cutoff, it stays pending until the Final Action Date passes your priority date again. If you did not file, you can still file under the Dates for Filing chart in a month when USCIS designates it and your date is earlier than January 15, 2015.

• I filed a new EB-3 or EB-1 petition. Does my pending I-485 switch over automatically?

  No. A pending I-485 keeps its original basis until USCIS grants a written transfer-of-basis request. The request must meet the conditions in USCIS Policy Manual Volume 7, Part A, Chapter 8, including a visa number immediately available under the new basis on the date USCIS receives the request.

• Which edition of Form I-485 should I use?

  Check the live USCIS Form I-485 page for the edition USCIS is accepting on the day you file. USCIS can reject an outdated edition, and a rejected filing does not hold your place for that month’s chart.

• Will the India EB-2 date move forward next month?

  No one can say for certain. DOS sets dates monthly based on demand and available numbers, and it can advance, hold, or retrogress a date. Check each new bulletin.