The U.S. Department of State's June 2026 Visa Bulletin has brought unwelcome news for thousands of Indian nationals navigating the employment-based green card process, with significant retrogression in both the EB-1 and EB-2 categories compounded by USCIS's continued use of the more restrictive Final Action Dates chart for adjustment of status filings.
Key Date Changes at a Glance
The June 2026 Visa Bulletin introduces notable retrogression for Indian nationals, with the EB-1 Final Action Date moving back approximately 15 weeks to December 15, 2022, and the EB-2 Final Action Date retrogressing roughly 45 weeks to September 1, 2013.
Indian EB-3, however, advances modestly by about four weeks to December 15, 2013.
Here is the full picture of June 2026 Final Action Dates for the major employment-based categories:
- EB-1:
- EB-2:
- EB-3 (Professionals and Skilled Workers):
EB-3 dates advance slightly, with China moving forward six weeks and India moving forward one month.
Meanwhile,
the EB-5 unreserved category for India remains at May 1, 2022, and China's unreserved cutoff date remains at September 22, 2016.
The EB-5 category remains current for all other chargeability areas and for the three EB-5 set-aside categories (rural, high unemployment, and infrastructure) across all countries.
USCIS Mandates Final Action Dates — Again
For the second consecutive month,
USCIS will require use of the Final Action Dates chart — rather than the more permissive Dates for Filing chart — for employment-based adjustment of status filings.
Because USCIS has designated the Final Action Dates chart as the operative chart for June 2026, the Dates for Filing chart is not available for employment-based adjustment of status applications this month. Applicants who were eligible to file under the Dates for Filing chart but whose priority dates are not yet current under the Final Action Dates chart will be unable to file in June 2026.
This is a stark reversal from just two months ago.
In the April 2026 Visa Bulletin, priority dates in the EB-2 and EB-3 categories of the Dates for Filing chart became "current," indicating that there was no processing queue or wait time to be eligible to obtain immigrant visas abroad or to adjust status to permanent residence in the United States.
U.S. employers praised the DOS move and began to prepare applications for Adjustment of Status to permanent residence to file at USCIS on behalf of sponsored employees.
Then came the whiplash.
In the following two months, USCIS changed the music again, announcing that despite priority dates remaining current in certain EB-2 and EB-3 categories of the Dates for Filing chart in the May and June 2026 Visa Bulletins, the agency instead would be using the Final Action Dates chart.
This decision set off a frenzy to file EB-3 AOS cases at USCIS before May 1, 2026 when the Final Action Dates chart would be in use for the foreseeable future.
India EB-2: Annual Limit Exhausted
Adding further pressure,
the Final Action Dates chart shows moderate retrogression for EB-1 and EB-2 applicants from India. The Department of State separately confirmed that the fiscal year 2026 annual limit for visa issuance in the India EB-2 category had been reached and no more immigrant visas would be issued within this category until next fiscal year.
The State Department, working in close collaboration with USCIS, has issued all available immigrant visas in the EB-2 category for applicants chargeable to India for fiscal year 2026.
Embassies, consulates, and USCIS cannot issue or approve EB-2 India cases for the remainder of the fiscal year. Annual visa limits will reset on October 1, 2026, at the start of FY 2027.
Critically, this does not mean pending cases are denied.
A pending adjustment of status application is not automatically denied when a category becomes unavailable. It waits until a visa number is available again, which for EB-2 India means the October 1, 2026 reset.
As long as Form I-485 is pending, applicants remain eligible to apply for and renew their employment authorization document (EAD) and advance parole.
Why the Retrogression and What's Driving It
Due to high demand and number use within the India EB-1 and EB-2 categories, the final action dates for India EB-1 and EB-2 retrogressed to maintain visa number usage within the annual limit for FY2026. The Department of State reported that further retrogressions in these categories may occur.
The backdrop is instructive.
The State Department's April Visa Bulletin attributed the recent broad advancement in most cutoff dates to the decrease in consular immigrant visa issuance rates, due to various actions taken by the Trump administration, including the nationality-based travel ban and the immigrant visa processing pause affecting nationals of dozens of countries.
As those numbers began to be used domestically — through adjustment of status filings rather than consular processing — demand quickly outpaced supply.
India has roughly 66,700 employment-based I-485s already on file (about 21,900 EB-1, 27,700 EB-2, and 17,100 EB-3 as of January 2026), against a combined FY2026 supply near 30,800.
Supply is less than half the pending pile, so the binding constraint is the number of visas, not a shortage of eligible applicants.
More Retrogression May Be Coming
The State Department has flagged additional categories at risk.
EB-1 and EB-2 for India face high demand that has already required retrogression of final action dates; further retrogression or an "unavailable" designation may follow if India's pro-rated annual limits are reached.
EB-2 for China also faces sufficient demand and increased usage that may require retrogression of the final action date in upcoming months.
Sufficient demand and increased number use by aliens chargeable to the Philippines in the EB-3 visa category may also make it necessary to retrogress the final action date or make the category unavailable.
Practical Implications for Employers and Applicants
The convergence of retrogression and the switch to Final Action Dates creates several action items:
1. Verify eligibility under the correct chart.
Employers and foreign nationals should confirm whether a priority date is current under the Final Action Dates chart — not just the Dates for Filing chart — before submitting or expecting to submit an adjustment of status application in June 2026.
2. Assess EB-2 to EB-3 downgrade strategies.
The gap between EB-2 and EB-3 priority dates for China has narrowed, and some applicants may consider EB-2-to-EB-3 downgrade strategies depending on future Visa Bulletin movement.
With EB-2 India at September 1, 2013 and EB-3 India at December 15, 2013, the gap has also narrowed significantly for Indian nationals.
3. Pending cases remain in good standing.
For adjustment of status cases that are already pending and were filed in a category that has since fallen behind in its cutoff date, USCIS will not continue adjudicating until the Final Action Date has surpassed the individual immigration priority date. While overall processing may be delayed, a duly filed application will remain in good standing, and USCIS will process related requests for EAD cards and Advance Parole.
4. Plan for the FY2027 reset.
The annual limits will reset with the start of FY 2027 on October 1, 2026. At that point, embassies and consulates may resume issuing immigrant visas, and USCIS may resume adjudicating adjustment of status applications in the EB-2 India category for qualified applicants.
Looking Ahead
The June 2026 Visa Bulletin is a sobering reminder of the structural challenges embedded in the U.S. employment-based immigration system. The per-country cap — limiting any single nation to 7% of available visas — continues to create extraordinary backlogs for Indian and Chinese nationals, even as categories remain current for the rest of the world.
As the bulletin warns, "as additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary in the upcoming months to keep issuances within annual limits."
With four months remaining in FY2026, employers and applicants alike should prepare for continued volatility and monitor each monthly bulletin closely for shifts that could open — or close — filing windows with little advance notice.
This article is for informational purposes only and does not constitute legal advice. For guidance specific to your immigration case, consult with a qualified immigration attorney.