PTC Web Desk: Indian professionals waiting for US employment-based green cards could face another setback, with the United States warning that the EB-1 category may become unavailable before the end of the current fiscal year.

The warning comes as demand for EB-1 visas among Indian applicants continues to remain high. The US fiscal year ends on September 30.

The EB-1 category is meant for priority workers, including people with extraordinary abilities, leading academics and researchers, as well as certain multinational company executives and managers.

US issues warning over EB-1 visa numbers

The US State Department issued the warning in its September Visa Bulletin. It said the number of EB-1 visas being used by applicants chargeable to India could reach the country's annual limit in the coming weeks.

If that happens, the EB-1 category for Indian applicants could be made unavailable for the rest of the fiscal year.

The department said it would continue to monitor the situation and make changes if necessary.

The development is important for Indian green card applicants because they are already dealing with long waiting periods in several employment-based categories.

EB-1 India cutoff date

For September, the final action date for Indian applicants in the EB-1 category is October 15, 2022.

In simple terms, an applicant generally needs a priority date before the listed cutoff date for a visa number to be available for final processing, provided all other requirements are met.

EB-2 India category unavailable

The situation is even more difficult in the EB-2 category, which covers professionals with advanced degrees and individuals with exceptional ability.

For September, the EB-2 category for India has been marked "U," or unavailable.

According to the State Department, this means visa numbers cannot be issued in that category during the month.

Long wait continues in EB-3

Indian applicants are also facing a major backlog in the EB-3 category, which covers skilled workers, professionals and certain other workers.

The EB-3 waiting line for Indians remains more than a decade long, showing the extent of the immigration backlog faced by applicants from the country.

The EB-5 investor programme is also facing restrictions. India's unreserved EB-5 category is unavailable for final action in September.

However, certain EB-5 set-aside categories remain available for applicants from all countries. These include visas reserved for rural areas, high-unemployment areas and qualifying infrastructure projects.

Filing dates give applicants some relief

The dates-for-filing chart provides slightly more flexibility than the final action dates.

For September, the filing date for Indian applicants is December 1, 2023, for EB-1 and January 15, 2015, for EB-2 and EB-3.

However, applicants already in the US and planning to file for adjustment of status should first check which Visa Bulletin chart the US Citizenship and Immigration Services (USCIS) has authorised for that month.

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Why Indian applicants face long delays

The continuing backlog is largely linked to the high number of employment-based green card applicants from India, combined with annual limits on employment-based immigrant visas.

With demand remaining strong, Indian professionals could continue to face uncertainty over when their green card applications will move forward.

The latest EB-1 warning adds to those concerns, particularly for applicants who have already spent years waiting for permanent residency in the US.