The Department of State's latest Visa Bulletin has sent shockwaves through the employment-based immigration community, delivering steep backward movement for Indian nationals in two of the most sought-after green card categories — and the news doesn't stop there. USCIS's decision to stick with the Final Action Dates chart for employment-based filings compounds the impact, shutting the door on applicants who might otherwise have been eligible under the more permissive Dates for Filing chart.
The Numbers: What Changed in June
EB-1 India retrogressed by 3.5 months, moving from April 1, 2023, to December 15, 2022. EB-2 India saw a massive retrogression of 10.5 months, falling from July 15, 2014, to September 1, 2013.
On the Final Action Dates chart, EB-1 China remains at April 1, 2023, while India drops to December 15, 2022.
All other countries continue to be current in EB-1.
For EB-2, China holds steady at September 1, 2021, while India retrogresses by more than 10 months to September 1, 2013.
Not all news was bleak, however.
Despite the setbacks in EB-1 and EB-2, EB-3 India and Other Workers India both advanced by one month to December 15, 2013.
EB-3 China advanced by 1.5 months to August 1, 2021, and Other Workers China moved forward by two months to April 1, 2019.
EB-5 set-aside categories remain current for all countries, continuing to offer one of the few immediately available immigrant visa pathways for many applicants.
Why the Retrogression?
High demand and number use by aliens chargeable to India in the EB-1 and EB-2 visa categories made it necessary to retrogress the final action dates to hold number use within the FY 2026 annual limit.
The aggressive forward movement the DOS pushed in prior months was meant to use FY 2026 numbers in light of reduced issuance from certain countries due to Presidential Proclamations 10949 and 10998 and related processing updates.
Those proclamations, which suspended or restricted visa issuance for nationals of dozens of countries, effectively freed up visa numbers that the State Department then redistributed to other applicants — primarily benefiting Indian and Chinese nationals earlier in the fiscal year. Now, as demand from those applicants surges, the correction has arrived.
The June bulletin marks a sharp departure from recent months.
For the first time this fiscal year, the agency will retrogress certain categories due to high demand.
USCIS Chooses the Restrictive Chart
In a critical decision for applicants filing from within the United States,
USCIS will again require use of the Final Action Dates chart — rather than the more permissive Dates for Filing chart — for employment-based adjustment of status filings.
This distinction matters enormously.
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.
USCIS confirmed a split approach: applicants in Family-Sponsored preference categories should use the Dates for Filing (Table B)
, while employment-based filers must use the more restrictive Final Action Dates.
This is a change from earlier in the fiscal year, when both groups could rely on the Filing Dates chart.
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 to determine who is eligible to file an AOS application.
What's Coming Next — And It Could Get Worse
The State Department has issued multiple warnings about what lies ahead.
Further retrogressions, or making the categories "unavailable," may be necessary in the coming months if India's pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends.
Additional categories are also under threat.
Sufficient demand and increased number use by aliens chargeable to China in the EB-2 visa category may make it necessary to retrogress the final action date or make the category "unavailable" in the coming months.
EB-3 Philippines faces a similar warning due to increased demand, and EB-5 Unreserved India may see retrogression or unavailability as early as next month.
Analysts project that EB-1 India could face further retrogression in July or August — potentially into mid-2022 — and an "unavailable" designation in late summer is possible.
The Scale of the India Backlog
The retrogression underscores a systemic challenge that has long plagued the U.S. immigration system.
Congress sets the total number of employment-based green cards at approximately 140,000 per year, and no single country can receive more than 7% of the total annual employment-based visas. This cap is the primary driver of the India and China backlogs.
USCIS data show approximately 395,958 approved I-140 petitions awaiting available visa numbers. Around 90% of those petitions come from Indian nationals, placing the Indian-origin backlog at roughly 356,000 approved petitions.
The current estimated wait time for EB-2 India applicants based on the Final Action Date now stands at approximately 12 years and 11 months.
Practical Steps for Affected Applicants
For Indian nationals caught in the crosshairs of this retrogression, immigration attorneys recommend several strategies:
- Monitor monthly bulletins closely.
- Consider an EB-3 downgrade.
- Explore EB-1A self-petitions. Applicants with extraordinary ability qualifications may benefit from the EB-1 category's faster movement, retaining their existing priority dates.
- Look to October.
- Confirm chart eligibility before filing.
The Bigger Picture
This month's bulletin is a stark reminder of the volatility baked into the U.S. employment-based immigration system. Forward surges earlier in FY 2026 gave many applicants hope; the June retrogression delivers a dose of reality. For the hundreds of thousands of highly skilled professionals waiting in the India backlog — many of whom have lived and worked in the United States for a decade or more — each month's bulletin is more than a bureaucratic update. It is a signal of how much longer they must wait to call this country permanently home.
Applicants and employers are encouraged to consult with experienced immigration counsel to assess individual case strategies in light of these developments.