Exhaustion of the EB-2 India annual visa allocation does not, by itself, mean your pending case has been denied or canceled. It limits the government’s ability to issue immigrant visas or approve adjustment of status when no visa number is available. A petition, an application, and an available immigrant visa number are separate parts of the process.
J.J. Despain, a managing lawyer at Wilner & O’Reilly, highlights that distinction for applicants worried about a fiscal-year cap: a pause in visa availability is different from a denial on the merits. The practical question is what step your case has reached and whether a number is now available.
The Fiscal-Year Reset Has Already Happened
The Department of State announced that India’s EB-2 allocation for fiscal year 2026 was exhausted. That fiscal year ended September 30, 2026. The new fiscal year, FY 2027, began October 1, 2026. The annual allocation reset then; applicants should now review the current Visa Bulletin rather than assume they are still waiting for October to arrive.
A reset does not make every EB-2 India priority date current. Demand, annual limits, country limits, and the applicable cutoff dates continue to matter. Check the Department of State Visa Bulletin for your category and country of chargeability.
Which Part of Your Case Is Pending?
| Case stage | What to check |
|---|---|
| Form I-140 petition | A petition establishes eligibility for an employment-based category. Filing and adjudication of a petition are distinct from final green card availability. |
| Pending Form I-485 | A final approval requires an available immigrant visa number and satisfaction of the other adjustment requirements. Respond to USCIS notices even while waiting. |
| Consular processing | Check visa availability as well as NVC document completion and the consulate’s scheduling instructions. |
| Considering a new I-485 | Do not assume the fiscal-year reset permits filing. Verify the chart USCIS allows applicants to use that month and all other filing requirements. |
Priority Dates and Filing Dates Are Different
The Visa Bulletin has a Final Action Dates chart and a Dates for Filing chart. Final Action Dates generally govern when a visa may be issued or adjustment approved. For adjustment filings, USCIS announces which chart may be used each month. A date that permits filing does not necessarily permit final approval. Review USCIS’s monthly adjustment filing guidance before submitting an application.
What Applicants Can Do While Waiting
- Keep your receipt notices and priority-date records organized.
- Continue to answer requests for evidence and other government notices by their deadlines.
- Review work authorization, travel documents, and any separate immigration status with counsel; a pending case is not a substitute for every required document.
- Before changing employers or making travel plans, ask how the proposed action could affect your particular petition or adjustment case.
Related Video: Understanding the Visa Bulletin
How to Read the Visa Bulletin for Green Cards
Frequently Asked Questions
Was my case automatically canceled when the cap was reached?
No. Exhaustion of available numbers alone does not cancel a pending case. A separate eligibility issue, missed deadline, or other ground may still affect the case.
Can an employer still file an I-140 petition?
Annual immigrant visa availability is separate from petition filing. The employer and beneficiary must still meet the requirements for the petition they are submitting.
Will the October reset guarantee approval?
No. Your priority date, category, chargeability, eligibility, and government processing all remain relevant.
Have questions about your immigration case?
Wilner & O’Reilly can review your documents, identify the rules that apply to your circumstances, and help you plan your next steps. Contact our immigration team to discuss your case.
This article provides general information, not individualized legal advice. Immigration rules and litigation can change. Sources reviewed October 14, 2026.
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