EB-1 India priority date movement and retrogression in the U.S. Visa Bulletin chart
EB-1 India priority date movement and retrogression in the U.S. Visa Bulletin chart

EB-1 India Backlog Reality Check: How to File Strategically When Priority Dates Stop Moving

Author Author EB1A Experts | February 10, 2026 | 10 Mins

1. The Shock Many Indian Applicants Didn’t Expect

Meera (name changed) had been preparing to apply for an EB1A green card for months. She had done the research, reviewed success stories, and believed she was finally on the fastest path to permanent residency. Then the latest Visa Bulletin was released. The dates for Indian applicants barely moved. Suddenly, the pathway that once felt predictable started to feel uncertain, and questions about her long-term future in the US became urgent. If this sounds familiar, you are not alone.

For years, EB-1 felt like the fast lane to a green card. Many high-achieving Indian professionals filed with the expectation that approval would quickly translate into permanent residency. Then the Visa Bulletin stalled. Dates stopped moving. In some months, they even moved backward. Suddenly, the assumption that EB-1 India always stays current disappeared.

This shift caught thousands off guard. The EB-1 India backlog became a real conversation, and applicants began asking a difficult question: How long is the EB-1 India green card wait time now?

The reality is simple but uncomfortable. EB-1 is still one of the strongest pathways, but it is no longer immune to demand. Strategy, timing, and preparation now matter more than ever for EB-1 India applicants.

2. Quick Snapshot: Where EB-1 India Stands Today

Here is the reality in plain terms. The dates for EB-1 India are no longer consistently current. Movement in the latest US visa bulletin now happens in spurts, followed by long pauses. Some months bring encouraging forward movement. Others bring complete stagnation.

The February 2026 latest US Visa Bulletin shows EB-1 India with a Final Action Date of February 1, 2023. By comparison, EB-2 India sits at July 15, 2013, and EB-3 India at November 15, 2013.

The good news is that the backlog in EB-1 remains significantly smaller than EB-2 and EB-3. The bad news is that it exists, and applicants must plan around it. Watching EB-1 priority date movement month to month has become part of the journey.

The takeaway is clear. Understanding the EB-1 priority date india landscape is now essential before filing.

3. Why Is EB-1 India Backlogged?

The EB-1 India backlog did not appear overnight. Several forces converged at once.

  • Per-country caps limit how many green cards each country can receive annually. India’s massive demand means these limits are reached quickly.
  • Spillover exhaustion also played a role. For years, unused green cards from other categories flowed into EB-1, accelerating processing. That surplus has largely disappeared.
  • Another major factor is the surge in EB-1A filings from India. As EB-2 wait times stretched into decades, more professionals pivoted toward EB-1. This shift dramatically increased the demand.
  • Operational realities matter too as consular and USCIS capacity constraints slow adjudications and visa issuance.

Together, these factors created the perfect storm: rising demand, fixed supply, and a visa bulletin that must balance both. The result is periodic EB-1 India retrogression and slower forward movement.

EB-1 India priority date movement and retrogression in the U.S. Visa Bulletin chart

4. How the US Visa Bulletin Actually Works

The visa bulletin can feel mysterious, but its mechanics are straightforward once you understand the basics.

There are two charts:

  • Final Action Dates determine when green cards can be issued.
  • Dates for Filing determine when applicants can submit paperwork early.

Movement is not linear. Dates move forward when visa numbers are available and pause when demand exceeds supply. This is why EB-1 priority date movement often feels unpredictable.

USCIS also decides each month which chart applicants can use. Sometimes you can file earlier, and other times, you must wait for the Final Action Date.

Understanding the latest US visa bulletin helps applicants make informed decisions instead of reacting emotionally to monthly changes.

5. What Does “Priority Date Current” Really Mean?

Seeing your EB-1 priority date India become current might feel like reaching the finish line. In reality, it means you are eligible to move into the final processing stage.

It does not guarantee immediate approval or instant green card issuance.

Background checks, visa availability, processing queues, and administrative steps still take time. Even when dates are current, there may be a waiting period before final approval.

Understanding this distinction prevents unrealistic expectations and helps applicants plan more calmly around EB-1 priority date movement.

6. Can EB-1 India Retrogress Again?

Yes, and it likely will.

EB-1 India retrogression is cyclical. When many applicants become eligible at once, the system pulls dates backward to manage demand. Once the surge stabilizes, forward movement resumes.

Retrogression can feel discouraging, but it does not mean filing was a mistake. In many cases, applicants who filed earlier benefit the most once movement resumes.

This cycle is part of the system. Planning around it is far more effective than fearing it.

7. Is EB-1 Still Faster Than EB-2 for India?

Despite the EB-1 India green card wait time, EB-1 generally remains faster than EB-2 for Indian nationals.

EB-2 India faces a multi-year backlog that can stretch into decades. The surge in EB-2 NIW filings has only increased demand further, lengthening the EB-2 visa processing time.

Even with occasional EB-1 pauses, the line remains significantly shorter. For many professionals, EB-1 still offers the most realistic path to permanent residency within a reasonable timeframe.

The comparison is not about perfection but relative advantage.

8. Why Filing EB1A During Backlog Can Still Make Sense

Many professionals hesitate to file during a backlog. That hesitation can be costly. Filing early locks your EB-1 priority date India. This single step places you in line ahead of future surges. Waiting means joining the line later when demand may be even higher.

Early filing also provides flexibility. Applicants can upgrade strategies, explore parallel paths, and adapt as the immigration landscape evolves.

Organizations like EB1A Experts often emphasize this mindset shift. The goal is not perfect timing. It is strategic positioning.

For EB-1 India applicants, early action often beats waiting for the perfect moment.

9. Strategic Pathways While You Wait

A waiting period does not have to be passive. The most successful applicants treat this phase as a time to strengthen flexibility, protect status, and create multiple paths to the finish line.

  • Maintain valid nonimmigrant status: Your ability to remain and work in the US should never depend on a single pending petition. Keeping H-1B, L-1, or other status active protects your long-term options and reduces unnecessary stress if timelines shift.
  • Use concurrent filing when available: When the Visa Bulletin allows, filing Adjustment of Status early can unlock employment authorization and advance parole. These benefits provide stability and career mobility while your green card moves through the system.
  • Pursue EB-2 NIW as a parallel strategy: Many professionals benefit from running EB-1 and EB-2 NIW together. This dual-track approach creates a safety net and increases the chances of steady progress even if one category slows.
  • Evaluate cross-chargeability through your spouse: If your spouse was born outside India, your timeline could change dramatically. This single strategy has the potential to bypass the EB-1 India backlog entirely in some cases.
  • Choose consular processing vs. Adjustment of Status carefully: Each route has different timelines, travel implications, and risk factors. Planning this decision early helps avoid delays later.

The key idea is momentum. A proactive, multi-path strategy turns waiting into forward progress instead of uncertainty.

10. Cross-Chargeability: The Most Underused Accelerator

Cross-chargeability is one of the most powerful yet underused strategies. It allows applicants to use a spouse’s country of birth instead of their own when determining visa availability. For many Indian applicants, this can dramatically shorten wait times.

This strategy applies when a spouse was born in a country with shorter queues. It is entirely legal and fully supported by immigration law. Understanding how country of residence and country of birth interact with EB-1 priority date India can unlock opportunities many applicants never realize exist.

11. How PERM Timelines Compare (and Why They Matter)

Employer-sponsored green cards often begin with PERM labor certification. This step involves prevailing wage determinations, recruitment, and extensive documentation.

The PERM processing time can stretch well beyond a year before the immigrant petition even begins. These long front-loaded delays make the PERM timeline significantly slower at the start.

For professionals evaluating options, comparing PERM-based paths with the EB-1 self-petition route provides important perspective.

12. Common Strategic Mistakes Indians Make

Many delays are not caused by the system alone but by avoidable strategic missteps.

Waiting for the “perfect” moment is the most common mistake. Visa Bulletin movement is unpredictable, and delaying your filing often means joining a longer line later. Another frequent issue is rushing into weak EB1A petitions without building strong evidence first, which can lead to denials that slow future options.

Some professionals assume employer-sponsored paths are automatically safer and postpone self-petition routes like EB-1 India until it is too late. Others rely on a single strategy instead of pursuing parallel pathways that create flexibility and protection.

The strongest applicants move early, prepare thoroughly, and keep multiple options open rather than betting everything on timing alone.

Working with experienced advisors such as EB1A Experts can help applicants avoid these pitfalls and make more confident decisions.

13. What a Smart EB-1 India Strategy Looks Like in 2026

A strong approach begins with an honest, strength-first evaluation of your profile. Instead of rushing to file, successful applicants focus on building credible, well-documented evidence that clearly demonstrates sustained impact and recognition.

Depth now matters more than volume. Carefully curated achievements, strong recommendation letters, and a clear narrative carry more weight than large but unfocused documentation. At the same time, smart planning rarely relies on a single path. Parallel options, backup strategies, and flexibility are essential in a landscape shaped by the EB-1 India backlog.

Most importantly, applicants adopt a long-term mindset. Understanding how the EB-1 priority date India may move over time helps them plan decisions around career growth, status maintenance, and future opportunities. In 2026, success comes from preparation, positioning, and patience working together.

14. Backlog Doesn’t Mean Stop. It Means Plan Better.

The EB-1 India green card wait time is longer than it once was, but EB1 remains one of the most powerful pathways available to Indian professionals.

The people who succeed are rarely the ones waiting for perfect movement in the EB-1 India visa bulletin. They are the ones who file early, plan strategically, and stay prepared for every shift in the system.

Backlog is not a signal to pause.

It is a signal to plan smarter and act sooner.

FAQs

1. Is EB-1 India currently backlogged?

Yes. EB-1 India now experiences periodic backlog and retrogression.

The Visa Bulletin shows increased demand from Indian applicants in recent years. Per-country limits restrict how many EB-1 visas India can receive annually. When demand exceeds supply, priority dates stop moving or move backward. This does not mean EB1A or the EB1A visa is unavailable. It means applicants must wait for visa numbers before USCIS can issue green cards.

2. How long is the EB-1 India green card wait time?

There is no fixed timeline, but EB-1 India is still faster than EB-2 or EB-3.

The wait depends on Visa Bulletin movement, USCIS processing speed, and demand levels. Some applicants may wait months, while others may wait longer depending on when they file. Even with a backlog, EB1A remains one of the quickest employment-based options for Indian professionals.

3. Should I delay filing an EB1A petition until dates move forward?

No. Filing early is usually the smarter strategy.

Your priority date is locked when USCIS receives the I-140 petition. Filing earlier places you ahead of future applicants in the queue. Waiting for the Visa Bulletin to move can result in joining a longer line later. Early filing also allows applicants to maintain flexibility and pursue parallel immigration strategies.

4. Can EB-1 India retrogress again in the future?

Yes. EB-1 India retrogression is cyclical and expected.

When many applicants become eligible at the same time, the Department of State moves dates backward to manage visa usage. This ensures visa numbers last through the fiscal year. Retrogression does not affect the validity of an approved EB1A petition. It simply means waiting for visa numbers to become available again.

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