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The US Department of Homeland Security (DHS) precocious announced that the per-country bounds successful EB-2 class for India has been exhausted for the fiscal twelvemonth (FY) 2026. In its announcement, the DHS directed each embassies and consulates to nary longer contented EB-2 visas to Indian applicants for the remainder of the existent fiscal year.
As directed by the US Citizenship and Immigration Service (USCIS), the yearly limits volition reset with the commencement of the caller fiscal twelvemonth (FY 2027) connected October 1, 2026. “At that point, embassies and consulates whitethorn resume issuing migrant visas successful this class to qualified applicants,” the bid stated.
What is EB-2 class visa
EB-2 visa is an employment-based migrant visa class that allows overseas nationals to get a Green Card (permanent residency) based connected their education, skills, oregon nonrecreational achievements.As explained by USCIS, Second penchant petitions are usually accompanied by a signed US Department of Labor (DOL)-approved Form ETA-9089, Application for Permanent Employment Certification, or, for labour certification applications filed connected oregon aft June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Determination).
What DHS said successful its announcement
The State Department, moving successful adjacent collaboration with U.S. Citizenship and Immigration Services, has issued each disposable migrant visas successful the Employment-Based Second Preference (EB-2) class for applicants chargeable to India for fiscal twelvemonth (FY) 2026. The Immigration and Nationality Act (INA) limits the fig of employment-based penchant migrant visas that whitethorn beryllium issued wrong a fiscal year. Specifically, INA 203(b)(2) provides that the yearly bounds for EB-2 visas is 28.6 percent of the worldwide employment limit. Additionally, INA 202(a)(2) establishes that natives of immoderate azygous overseas authorities whitethorn not person much than 7 percent of the full of employment-based and family-sponsored visas, which is prorated among the antithetic visa categories nether INA 202(e).Since each disposable EB-2 visas for applicants chargeable to India successful FY 2026 person been used, embassies and consulates whitethorn not contented visas successful these cases for the remainder of the fiscal year. The yearly limits volition reset with the commencement of the caller fiscal twelvemonth (FY 2027) connected October 1, 2026. At that point, embassies and consulates whitethorn resume issuing migrant visas successful this class to qualified applicants.
