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Current Green Card Priority Date for India for Employment-Based Permanent Residency, and Predictions
Updated on Oct 15, 2024: Based on the Nov 2024 Visa Bulletin published by the US Department of State.
This page shows the current Green Card Priority Dates for India across EB1, EB2, EB3, EB4, and EB5 categories. Suppose your priority date on the I-797 notice for your I-140 application is earlier than the current priority date. In that case, your I-485 application is ready to proceed to the final step of the Green Card process.
The U.S. Department of State releases a monthly visa bulletin, and the dates provided here reflect the regularly updated 'Date for Filing' and 'Final Action Date' per visa bulletin. Bookmark ⭐ (press ctrl + D) / save this page for future reference.
Priority Date India | Current (Dates for Filing) | Current (Final Action Date) |
EB1 Priority Date India | Apr 15, 2022 | Feb 01, 2022 |
EB2 Priority Date India | Jan 01, 2013 | Jul 15, 2012 |
EB3 Priority Date India | Jun 08, 2013 | Nov 01, 2012 |
EB4 Priority Date India | Feb 01, 2021 | Jan 01, 2021 |
EB5 Priority Date India | Apr 01, 2022 | Jan 01, 2022 |
Key Points
Use 'Dates for Filing' to file the I-485 application (according to the USCIS Nov 2024 Visa Bulletin).
Dates for Filing: Generally, these are earlier dates, compared to the Final Action Date, that allows applicants to start the I-485 application process before their priority date becomes current. The significance of this increases if USCIS determines to use this for I-485 processing.
Final Action Date: These dates indicate when green cards can be finally issued/approved based on the applicant's priority date.
Table of Contents: Green Card Priority Date India
Green Card Backlog for Indians
The following table and chart show the green card backlog for each employment-based category for Indians:
The backlog only shows the time difference between today's and the current green card priority date (dates for filing) for Indians.
This does not mean the priority date will become current in the given time frame. Priority date movement depends upon several factors explained in the next section.
Green Card Wait Time for India
To calculate the green card wait time for India in the employment-based categories (EB1, EB2, EB3, EB4, and EB5), or how priority dates will move, we need to understand three things:
India's Annual Limit: How many green cards can be issued annually for Indians under employment-based categories?
Spillovers: How does spillover from other categories affect the number of available visas?
Pending Applications: How many I-485 applications are currently pending?
Green Card Annual Cap
The U.S. issues 140,000 green cards annually across all employment-based (EB) categories. However, unused family-based green cards from the previous fiscal year are also added to employment-based green cards, and these additional numbers can sometimes make a huge difference.
For example, in FY 2022, from Oct 1, 2021, to Sept 30, 2022, the employment-based green card limit was 281,507 (more than double the typical limit of 140,000) due to unused family-sponsored visa numbers from FY 2021 being added to the employment-based limit for FY 2022. This was during COVID-19.
You can refer to the following table for the last 3 years of data for total employment-based green cards:
Related: H1B, H4 and H4 EAD concurrent filing
Green Card Annual Limit for India
For this calculation, let's use the standard limit of 140,000. With a 7% per-country cap, Indians can receive approximately 9,800 green cards annually. This limit applies to all employment-based categories (EB-1, EB-2, EB-3, EB-4, and EB-5).
Further, each category has its limit; for example, EB1, EB2, and EB3 each have 28.6%, while EB4 and EB5 each have 7.1%.
Spillovers
Typically, unused green cards from the EB4 and EB5 categories spill over to the EB1 category, thus increasing the number available for EB1.
Additionally, unused family-based visas from the previous fiscal year are sometimes added to the employment-based visa annual limits, typically benefiting the EB1 category. As a result, the other EB categories rarely get a chance to utilize these additional visas.
In short, EB1 green cards are typically higher than the standard annual limit due to these spillovers.
We will use the standard limit of 140,000 for India's green card wait time prediction. Let's assume that, the maximum number of green cards that can be issued under EB1 is approximately 2,803 per year (excluding spillovers).
One thing to note is that the number of available visas can significantly impact these predictions. If the number of available visas exceeds the annual quota, it depends on USCIS's capacity to process them promptly.
For example, if there are 5000 available visas for an employment-based category due to spillovers or other factors, USCIS can process more than 3000 visas, which exceeds the annual limit.
Related: How to apply for OCI for minors?
Pending I-485 Applications
USCIS publishes reports for these pending applications, you can find them on the USCIS website. In brief, the report provides an overview of the estimated volume of pending adjustment of status applications in the employment-based preference categories currently in the USCIS inventory.
Every application on the report with a priority date earlier than the given priority date is ahead in the queue for adjustment of status. I will go through each category individually to predict the wait time. Let's begin with the EB1 green card predictions for India.
Related: I-485 processing time for family-based, and employment-based
EB1 Green Card Prediction for India
For India, EB1 category green cards will reach Dec 2022 priority dates in approximately 3 years and 5 months.
Calculation: Indians can receive 2803 green cards annually under the EB1 category. According to the USCIS report, approximately 9,582 applications are pending between Apr 2022 and Dec 2022. Dividing these two will give you an EB1 green card prediction of 3 years and 5 months.
Note: In the latest report, the available visas for the EB1 category are 3,904, which means we should use a higher value instead of the annual limit of 2803, but here, we are trying to predict the normal scenario without any spillovers. Based on the USCIS work capacity for available visas, sometimes, you might see the EB1 priority dates moving faster.
Description | Calculations |
Current EB1 priority date for India (Dates For Filing) | Apr 15, 2022 |
Available EB1 visas | 3904 |
Awaiting EB1 availability | 10957 |
Total EB1 applications until Dec 2022 | 14861 |
Pending EB1 applications between Apr 2022 and Dec 2022 | 9582 |
EB1 green cards issued per year for India | 2803 |
EB1 prediction for India to reach the Dec 2022 priority date | 9582 / 2803 = 3 years and 5 months |
After your EB1 priority date becomes current, you must file an I-485 application called an adjustment of status (if you are applying from within the US). This is the final step of green card processing.
The processing time for the I-485 will depend on your zip code and USCIS field office location, which you can calculate using the link provided.
The following chart shows how many EB1 applications are waiting for each month between 2020 and 2022. You can see there was a large increase in the number of EB1 applications filed in 2022.
Unfortunately, the EB1 applications for 2022 are huge, so it might take some time to move.
EB2 Green Card Prediction for India
For India, EB2 category green cards to reach Dec 2014 priority dates will take approximately 10 years and 4 months.
Description | Calculations |
Current EB2 priority date for India (Dates For Filing) | Jan 01, 2013 |
Available EB2 visas | 1,548 |
Awaiting EB2 availability | 32,270 |
Total EB2 applications until Dec 2014 | 33,818 |
Pending EB2 applications between Jan 2013 and Dec 2014 | 29,037 |
EB2 green cards issued per year for India | 2,803 |
EB2 prediction for India to reach the Dec 2014 priority dates | 29037 / 2803 = 10 years and 4 months |
Indians can receive a maximum of approximately 2,803 green cards annually under the EB2 category, typically with no spillovers to add as spillovers are mostly consumed by the EB1 category.
Now, if you refer to the USCIS report, approximately 29,037 applications are pending until Dec 2014. Dividing both will give you the EB2 prediction of ~10 years and 4 months assuming there is no retrogression. With retrogression (backward movement), it's impossible to predict the wait time.
The following chart shows how many EB2 applications are waiting for each month between 2012 and 2014.
EB3 Green Card Prediction for India
For India, EB3 category green cards to reach Dec 2014 priority dates will take approximately 4 years and 11 months.
Description | Calculations |
Current EB3 priority date for India (Dates For Filing) | Jun 08, 2013 |
Available EB3 visas | 1,695 |
Awaiting EB3 availability | 16,426 |
Total EB3 applications until Dec 2014 | 18,121 |
Pending EB3 applications between Jun 2013 and Dec 2014 | 13,743 |
EB3 green cards issued per year for India | 2,803 |
EB3 prediction for India to reach the Dec 2014 priority dates | 13,743 / 2803 = 4 years and 11 months |
Indians can receive a maximum of approximately 2,803 green cards annually under the EB3 category, typically with no spillovers here. Now, if you refer to the USCIS report, approximately 13,743 applications are pending until Dec 2014. Dividing both will give you an EB3 prediction of 4 years and 11 months.
EB3 predictions are currently more favorable, but as you know, EB2 applicants can downgrade to EB3, which will automatically balance out wait times over time.
The following chart shows how many EB3 applications are waiting for each month between 2012 and 2014.
FAQs on Green Card Priority Date India
What is an Employment-based (EB) Green Card?
An employment-based green card, officially known as an employment-based immigrant visa or EB visa, allows foreign nationals to live and work permanently in the United States.
These green cards are typically obtained through employer-sponsored immigration processes. There are several preference categories (EB-1, EB-2, EB-3, EB-4, and EB-5), each with its eligibility criteria and requirements.
EB1 Green Card (Priority Workers)
This category is for individuals with extraordinary abilities in their field (such as outstanding researchers, professors, multinational executives, managers, or individuals with exceptional abilities in the arts, sciences, education, business, or athletics).
28.6% of the worldwide employment-based preference level, plus any numbers not required for EB4 and EB5 preferences.
EB2 Green Card (Advanced Degrees and Exceptional Ability)
This category includes professionals with advanced degrees (or their equivalent) and individuals with exceptional ability in their field. Generally, a job offer and a labor certification are required, unless the individual qualifies for a National Interest Waiver (NIW).
28.6% of the worldwide employment-based preference level, plus any numbers not required by EB1 preference.
Related: J1 visa to Green Card
EB3 Green Card (Skilled Workers, Professionals, and Other Workers)
This category includes skilled workers (positions requiring at least two years of training or experience), professionals with a bachelor's degree, and other workers with less than two years of experience. Labor certification is generally required, and the employer must demonstrate that qualified U.S. workers are not available for the position.
28.6% of the worldwide level, plus any numbers not required by EB1 and EB2 preferences, not more than 10,000 of which to "*Other Workers".
EB4 Green Card (Special Immigrants)
This category is for special immigrants, including religious workers, employees of certain international organizations, and certain individuals who have worked for the U.S. government abroad.
7.1% of the worldwide level.
EB5 Green Card (Investors)
This category is for immigrant investors who make a qualifying investment in a new commercial enterprise that creates jobs in the US. The investment amount and job creation requirements vary depending on the location of the investment (Regional Center Program or Direct Investment).
7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. The remaining 68% are unreserved and are allotted for all other qualified immigrants.
What is the Green Card Priority Date?
When you submit an immigration petition or green card I-140 application, USCIS assigns a date to your submission. This date is known as your priority date. You can find this date on the I-797 receipt/approval notice. Note that the received date and priority date are two different things. The priority date is essential because it determines your place in line for green card processing.
For example, if you're applying for an employment-based green card, there might be a limited number of green cards available each year. Your priority date establishes when you expressed your intent to immigrate, and it helps determine when you'll be eligible to move forward in the immigration process. The government processes cases in the order of their priority dates, with earlier dates getting priority.
Related: How to apply for H4 EAD?
Dates of Filing vs Final Action Date
The "Final Action Date" is a term used by the U.S. Department of State, specifically in the visa bulletin chart which is published every month. In simple terms, the final action date is the cutoff date that determines when immigrant visas (green cards) can be finally issued to the applicants.
Priority Date: When you submit a green card I-140 application, a priority date is assigned. This date signifies when you expressed your intent to immigrate.
Dates for Filing: Applicants can file the I-485 application when their priority date is current according to the Dates for Filing. This provides you with an earlier opportunity to begin the I-485 process.
Final Action Date: The Visa Bulletin contains charts with final action dates for different categories and countries. These dates are essentially waiting periods. If your priority date is earlier than the final action date listed in the Visa Bulletin for your category and country, it means that a visa is available, and you can proceed with the final steps of your immigration process.
Every month, USCIS determines which date to follow. Most of the time, they go with the "Dates for Filing."
How much time after the priority date is current?
You have one year after your priority date becomes current to proceed with the next steps in the green card application process.
If you don't apply within this timeframe, it may be perceived as though you have opted not to pursue the green card, and the next person in the queue may be given the opportunity. Therefore, it is advisable to regularly check for updates on the current green card priority date.
My green card priority date is current now what?
Once your priority date is current, your wait time is over, and you can move forward with the next steps in the green card application process.
Depending on your current address and eligibility for adjustment of status or consular processing, you will be filing one of the following:
USCIS processing, Form I-485, also called adjustment of status if the current address is within the US.
NVC processing, Form DS-260, also called consular processing if the current address is outside the US.
Once the priority date becomes current how long to get a green card?
For employment-based green cards (adjustment of status or consular processing), the average I-485 processing time for 80% of cases is between 9 and 12 months.
Check the I-485 processing time for the employment-based category.
Check the I-485 processing time for the family-based category.
How long to get a green card under EB2 or EB3 category (India)?
About 13 to 16 years. There are multiple steps involved in green card processing, and the processing time for each step can fluctuate depending on several factors. Here is a rough timeline you can expect:
PERM: ~ 6 to 9 months
Form I-140 processing time: ~ 8 to 12 months (without premium processing)
Wait time for priority date ~ 10 to 13 years
USCIS/ NVC processing ~ 9 to 12 months