Trump Cracks Down on Legal Immigration: EB-1 Green Cards May Close for India in 2026
The US government has signaled that EB-1 employment-based green cards could become unavailable for Indian nationals, adding pressure to an already severe per-country backlog affecting thousands of applicants.
The United States has indicated that EB-1 employment-based green cards may be cut off for Indian nationals, a development that signals deepening strain on the per-country visa allocation system. Indian-born applicants already face decades-long backlogs in the EB-2 and EB-3 categories, and a potential EB-1 closure would eliminate one of the few faster pathways remaining for highly skilled workers.
The EB-1 category, which covers priority workers including multinational managers and individuals with extraordinary ability, has historically been less backlogged than EB-2 and EB-3 for Indian nationals. However, surging demand and per-country limits — which cap any single country at 7% of annual green card allocations — have begun pushing EB-1 India toward retrogression.
For EB-3 applicants from India, this development underscores the systemic constraints built into the current immigration framework. With EB-1 potentially closing, more Indian applicants may be pushed into or held longer in the EB-2 and EB-3 queues, potentially extending wait times further for those already in the backlog.
Applicants currently in the EB-3 pipeline should monitor the monthly Visa Bulletin closely for any changes to India's priority dates across all employment-based categories. Consulting with an immigration attorney about available options — including potential category portability or concurrent filing strategies — is advisable given the rapidly shifting landscape.
October 2026 brings dramatic gains for China and India EB-3 applicants, with China advancing 27 months to April 2024 and India jumping 12+ months to January 15, 2015. Rest of World and Mexico see a minor one-month retrogression.
For the first time since April 2026, worldwide EB-2 has a cutoff date in the October 2026 Visa Bulletin, with a Final Action Date of January 1, 2025. USCIS designated the Dates for Filing chart for October, creating three distinct applicant positions based on priority date.
The October 2026 Visa Bulletin retrogresses EB-3 for All Chargeability Areas and Mexico, with USCIS using the Dates for Filing chart. India EB-3 remains stuck at January 15, 2015.