
The country of chargeability determines which Visa Bulletin column applies to an applicant's priority date, and by extension, how long the wait between I-140 approval and green card issuance will be.
According to the July 2026 Visa Bulletin, EB-2 is unavailable for Indian-born applicants for the remainder of FY 2026, China moved to a September 2021 final action date, and most other countries remain current.
Beyond Border attorneys have collectively handled 4,000+ immigration cases across EB-2 NIW and EB-1 pathways, and this guide reflects the bulletin as of July 2026.
The dates below are current as of the July 2026 Visa bulletin.
For the majority of nationalities, an approved I-140 moves straight to the I-485 or consular stage with no wait time at all. Compare all EB categories side by side in the I-140 priority date backlog country-by-country guide or see the EB-2 NIW India wait time.

Your country of chargeability is your country of birth. Every employment-based green card is charged against the annual allocation of the applicant’s country of birth. Your current residence and citizenship do not matter. This means, an Indian-born engineer holding Canadian citizenship is chargeable to India.
The United States issues at least 140,000 employment-based preference green cards per fiscal year. Under INA Section 202, no single country may receive more than 7% of the combined family and employment preference totals, which is 25,620 visas for FY 2026. In practice, that holds each country to roughly 9,800 employment-based visas in a typical year.
When demand from one country exceeds its share, a queue forms by priority date. Applicants born in countries with current dates skip the queue entirely.
Note: A married applicant may sometimes charge to a spouse’s more favorable country of birth. This cross-chargeability rule can move an Indian-born applicant married to, for example, a Colombian-born spouse out of the backlog entirely. Review the country of chargeability guide for the full framework.
The July 2026 bulletin marks EB-2 India with a “U,” which means that India has exhausted its EB-2 allocation for FY 2026, and no more visas can be issued.
Unavailability pauses visa issuance, not your case. Meaning USCIS still continues to accept and adjudicate I-140 petitions, so filing now will capture your priority date. However, there is no I-485 approval and no immigrant visa issuance until numbers reset in FY 2027. The practical lesson for applicants near a cutoff is to file whenever a window opens rather than waiting for a better month.
The Department of State publishes the Visa Bulletin monthly with two charts per category. The Dates for Filing chart controls when you may submit Form I-485, which unlocks an Employment Authorization Document and Advance Parole while you wait. The Final Action Dates chart controls when USCIS may approve the I-485 and issue the green card.
USCIS announces each month which chart governs adjustment filings, so check that page alongside the bulletin before you file anything.
The EB-2 retrogression risk arises when the State Department determines that previously-issued visa numbers have consumed more than the annual allocation. When this occurs, the cutoff date moves backward, temporarily closing the filing window. Applicants near the current cutoff should file I-485 at the earliest available opportunity rather than waiting.
Beyond Border focuses on employment-based green card pathways for high-skilled professionals. We assess how your country of chargeability shapes the realistic timeline, whether cross-chargeability applies to your case, whether your evidence supports an EB-1A parallel filing, and when the bulletin gives you an I-485 window worth acting on.
If your evidence does not yet support the category you want, the honest move is to strengthen it before filing, and we will tell you which position you are in. To find out how your country of chargeability and evidence interact, book a free consultation for a thorough assessment of your case.
Because U.S. law sets per-country visa limits, causing backlogs when demand exceeds supply.
Yes, NIW removes employer requirements but not priority-date delays.
No, applicants must wait until visa numbers become available.
It speeds up I-140 approval but not priority date advancement.
Yes, except those with exceptionally high demand such as India and China.