Green card backlog India: EB-2 and EB-3
US federal rules as of 30 October 2026. Sources re-checked against official pages on 30 October 2026. Where a figure could not be confirmed, this page links the official source instead of stating it.
The green card backlog for India comes from per-country limits on employment-based green cards: demand from India exceeds the limit, so Indian-born applicants in EB-2 and EB-3 wait far longer than most. Your place in line is your priority date; the State Department's Visa Bulletin shows which dates can move. LiveRec quotes no wait: dates move and can go backwards.
Why is there a backlog?
Per-country limits on immigrant visas apply to employment-based categories, which is why people born in India wait longer than most. How the limit works is set in the Immigration and Nationality Act; LiveRec does not restate the percentage. See USCIS on visa availability and priority dates.
How do I read the Visa Bulletin?
- Find your category (EB-2 or EB-3) and the "India" column.
- Use "Application Final Action Dates" unless USCIS says to use "Dates for Filing" for the month.
- Compare your priority date to the date in the chart.
What are the current dates?
LiveRec does not copy the dates. Open the current Visa Bulletin, find the employment-based chart, and read the India column for EB-2 and EB-3 (Final Action Dates and Dates for Filing). USCIS says which chart to use each month on its visa availability page.
Does EB-2 NIW or EB-1 change this?
Priority dates still apply. See EB-2 NIW.
What can I do while I wait?
Keep status valid, keep documents, track the bulletin monthly. Consider H-4 EAD for your spouse and the H-1B extension rules; ask an attorney which apply.
What does the law set?
USCIS explains that the Immigration and Nationality Act sets the number of visas each year. In general, employment-based preference visas are limited to 140,000 a year, subject to statutory carryover of unused numbers, and the share any one country can receive is limited by a percentage. When demand is higher than supply in a category and country, a queue forms and the State Department sets a cut-off date.
What does a priority date mean for a queue?
For employment-based cases, USCIS says your priority date depends on the category:
| If your category | Your priority date is |
|---|---|
| Requires a DOL labor certification (many EB-2 and EB-3 cases) | The date DOL accepts the labor certification application for processing |
| Does not require a labor certification (EB-1, EB-2 NIW) | The date USCIS accepts Form I-140 |
To keep the date when a labor certification is required, the I-140 must be filed within 180 days of the DOL approval, or the certification is no longer valid.
What can I do in H-1B status while waiting?
USCIS says an H-1B holder may qualify for an extension beyond the sixth year if they are the beneficiary of an approved EB-1, EB-2 or EB-3 petition and are eligible but for the per-country or worldwide limit, in up to 3-year increments. USCIS also lists an extension if at least 365 days have passed since a labor certification or immigrant petition was filed for you. It also says you may be ineligible if you fail to file an adjustment of status application or apply for an immigrant visa within 1 year of one becoming available. Read the H-1B page and ask the employer's attorney.
What about my spouse?
Certain H-4 spouses of H-1B workers can file Form I-765 once the H-1B worker has started the process toward permanent residence. See H-4 EAD.
Step by step: keep your case healthy
- Keep a copy of the labor certification, Form I-140 receipt and approval, and the notice showing your priority date.
- Check the Visa Bulletin monthly, using the reading guide.
- Track your H-1B end date and any extension rules.
- Ask the employer's attorney what happens to the case if you change employers.
- Keep your own records of degrees and experience letters.
Common mistakes
- Waiting for a date to be current before starting any step. PERM and the I-140 come first.
- Paying anyone to "advance" your date. No one can. See avoiding immigration scams.
- Missing the one-year adjustment window after a visa becomes available.
FAQ
Can I change my country of chargeability? Sometimes, depending on the facts. Ask an attorney.
Will the backlog be cleared? LiveRec does not predict legislation or bulletin movement.
What happens to my priority date if I change employers? It depends on the stage of the case and your facts. Ask the employer's attorney before you resign.
Does marriage to a US citizen change things? That is a different category. USCIS says immediate relatives of US citizens are not subject to the numerical limits.
Is there an official wait time? No. The State Department's Visa Bulletin shows cut-off dates, not a wait guarantee.
Next step: H-1B to green card timeline.
Sources
- USCIS, visa availability and priority dates, https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates, accessed 31 October 2026
- US State Department, Visa Bulletin, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- DOL, PERM labor certification, https://www.dol.gov/agencies/eta/foreign-labor/programs/permanent, live official page, linked for readers; link checked 2026-10-30, page blocks automated reads so no figure is copied from it
- USCIS, adjustment of status, https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status, live official page, linked for readers; link checked 2026-10-30, no figure is taken from it
- USCIS, H-1B Specialty Occupations (last reviewed 21 September 2026), https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.