The US Department of Homeland Security (DHS) recently announced that the per-country limit in the Employment-Based Second Preference (EB-2) category for India has been exhausted for the fiscal year (FY) 2026. In its announcement, the DHS directed all embassies and consulates to no longer issue EB-2 visas to Indian applicants for the remainder of the current fiscal year.
Understanding the EB-2 Visa Category
The EB-2 visa is an employment-based immigrant visa category that allows foreign nationals to obtain a Green Card (permanent residency) based on their education, skills, or professional achievements. As explained by the US Citizenship and Immigration Services (USCIS), second preference petitions are typically accompanied by a signed US Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification. For labor certification applications filed on or after June 1, 2023, the DOL's Foreign Labor Application Gateway (FLAG) system is used, requiring an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval.
Details of the DHS Announcement
The State Department, working closely with USCIS, has issued all available immigrant visas in the EB-2 category for applicants chargeable to India for 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.
Impact on Indian Applicants
This exhaustion of the per-country limit means that Indian nationals who were expecting to receive EB-2 visas in the near future will have to wait until the new fiscal year begins. The backlog for Indian applicants in the EB-2 category has been a longstanding issue, with many facing years of waiting due to high demand and per-country caps. The DHS order is a procedural step that occurs when the annual quota is reached, and it does not affect visa applications that have already been approved but not yet issued.
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