Short alert · May 22, 2026
India Hits FY 2026 EB-2 Visa Cap
Key takeaway
On May 22, 2026, the Department of State announced that the annual per-country limit for India-chargeable EB-2 immigrant visas had been reached for fiscal year 2026. DOS publishes these notices when visa numbers in a preference category are exhausted for a chargeability country.
On May 22, 2026, the Department of State announced that the annual per-country limit for India-chargeable EB-2 immigrant visas had been reached for fiscal year 2026. DOS publishes these notices when visa numbers in a preference category are exhausted for a chargeability country.
India-chargeable EB-2 cases often involve long waits even before a cap notice. A cap exhaustion notice means no further EB-2 visa numbers for India chargeability are available until the next fiscal year allocation, subject to Visa Bulletin movement and case-specific facts.
Employers sponsoring India-chargeable workers in EB-2 should review retention, I-9, and perm/I-140 timing with counsel. Applicants at NVC or consular posts should preserve every document about interview scheduling and documentarily complete status.
Who may be affected
India-chargeable EB-2 applicants, petitioners, and employers awaiting immigrant visa numbers or final green-card steps.
What to do next
- Download and save the DOS notice dated May 22, 2026.
- Verify your priority date, chargeability, and preference category on approval notices.
- Do not travel or change jobs without reviewing impact on pending immigrant visa steps.
- Monitor Visa Bulletin and DOS updates after October 1, 2026.
- Seek case-specific review if you receive a new request or delay notice from NVC or a consulate.
What to do next
- Save the full notice, receipt, envelope, and any deadline exactly as written.
- Write a short timeline with dates, agency names, court or facility names, and prior filings.
- If ICE, court, detention, an RFE, NOID, denial, or a close deadline is involved, start intake and mark the issue urgent.
Sources
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