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US warns India EB-1 may hit the visa wall

The September bulletin sets India’s EB-1 final-action date at October 15, 2022 and warns the category may become unavailable before September 30.

By Ctrl Alt DebateThe Outside World
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A long queue of faceless visa applicants and paperwork approaches a tall wall labelled EB-1 limit, beside an almost empty box of visa numbers and a calendar marked 30 Sep.

The September bulletin places India’s EB-1 final-action date at October 15, 2022, and warns the category could become unavailable before September 30.

Illustration generated from an editorial brief

Indian employment-based immigration faces another deadline-shaped obstacle: the U.S. Department of State says India’s EB-1 category may become unavailable in the coming weeks if its pro-rated limit is reached before the fiscal year ends on September 30, 2026.

The September Visa Bulletin sets India’s EB-1 final-action date at October 15, 2022. Its dates-for-filing cut-off is December 1, 2023. India’s EB-2 and unreserved EB-5 categories are listed as unavailable, while EB-3’s final-action date is January 1, 2014.

The warning is conditional, not a prediction that every Indian applicant will be affected. The bulletin refers to applicants “chargeable to India”, and the number of people at risk is not provided. Cut-off dates govern visa-number availability; they are not permanent refusals. Applicants in the United States must also follow USCIS instructions on which chart applies to adjustment-of-status filings. The State Department has supplied the warning. The arithmetic, as usual, is left for families to lose sleep over.

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