On May 22, 2026, the State Department announced that, working in close collaboration with US Citizenship and Immigration Services, it has issued all available immigrant visas in the Employment-Based Second Preference (EB-2) category for applicants chargeable to India for fiscal year (FY) 2026.
The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year. Specifically, INA 203(b)(2) provides that the annual limit for EB-2 visas is 28.6 percent of the worldwide employment limit. Additionally, INA 202(a)(2) establishes that natives of any single foreign state may not receive more than seven percent of the total of employment-based and family-sponsored visas, which is prorated among the different visa categories under INA 202(e).
Since all available EB-2 visas for applicants chargeable to India in FY 2026 have been used, embassies and consulates may not issue visas in these cases for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2027) on October 1, 2026. At that point, embassies and consulates may resume issuing immigrant visas in this category to qualified applicants.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.