As the fiscal year 2026 begins on October 1, 2025, the U.S. employment-based Green Card system is reopening across its key categories—EB-1, EB-2, EB-3, and EB-5. These categories had reached their annual limits in September 2025, temporarily halting new approvals. With the annual reset, applicants once again have the opportunity to pursue U.S. permanent residency.
Understanding the Employment-Based Green Card System
The U.S. allocates a fixed number of Green Cards each fiscal year through employment-based (EB) preference categories. Once these annual quotas are reached, further applications are deferred until the start of the next fiscal cycle.
For FY 2025, demand outpaced supply in several categories, including EB-1 (extraordinary ability), EB-2 (advanced degrees/exceptional ability), EB-3 (skilled workers), and EB-5 (immigrant investors). The reopening in FY 2026 marks a fresh opportunity for applicants, though significant backlogs remain.
EB-1 and EB-2: Elite Professionals Facing Delays
EB-1 (Extraordinary Ability, Outstanding Professors/Researchers, Multinational Executives):
This category caters to individuals with extraordinary achievements in fields such as science, business, arts, and athletics. For Indian applicants, however, visa availability remains constrained, with the final action date still at February 15, 2022.
EB-2 (Advanced Degrees & Exceptional Ability):
Designed for professionals with advanced degrees or exceptional skills, EB-2 also reached its annual cap in FY 2025. Highly skilled professionals, particularly from India, continue to experience extended wait times due to heavy demand.
EB-3 and EB-5: Broad Access and Investment Pathway
EB-3 (Skilled Workers, Professionals, and Other Workers):
Widely used due to its broad eligibility criteria, EB-3 has some of the longest delays. For Indian applicants, the final action date is stalled at May 22, 2013, leaving a backlog stretching nearly a decade.
EB-5 (Immigrant Investor Program):
This program allows foreign investors to secure permanent residency by investing $800,000 in a qualifying U.S. enterprise that generates jobs. While EB-5 visas were fully allocated for FY 2025, final action dates advanced by several months in August 2025 for Indian applicants, showing some forward momentum compared to other categories.
Impact on Indian Applicants
Indian nationals make up one of the largest applicant groups in the EB categories but face some of the most significant delays:
EB-1 and EB-2 remain oversubscribed with little movement.
EB-3 has an extraordinary backlog, with no recent progress in cut-off dates.
EB-5, despite its cost, is emerging as a comparatively faster alternative due to modest advancements in visa processing.
Outlook for FY 2026
The reopening of EB categories with the new fiscal year offers a renewed pathway for applicants worldwide. For Indian nationals, however, the reality remains challenging in EB-1, EB-2, and EB-3 categories. The EB-5 investor program may stand out as the most viable route for those seeking quicker access to U.S. permanent residency.
The coming months will depend heavily on updates to the Visa Bulletin, which will determine whether meaningful progress is made in reducing backlogs across these categories.
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