Immigration News Roundup: July Visa Bulletin Makes EB-2 India Unavailable
This week: the July 2026 Visa Bulletin makes EB-2 India unavailable this fiscal year, EB-3 categories advance, and the $100,000 H-1B fee heads to appeal.
Accurate as of June 15, 2026. Immigration rules change quickly, so confirm current details with an immigration attorney before you act.
The July 2026 Visa Bulletin, released in mid-June, delivered the retrogression it had warned about a month earlier. EB-2 India is now unavailable for the rest of the fiscal year. There is better news lower down the employment-based ladder, plus an update on the H-1B fee fight.
EB-2 India Is Now Unavailable
The State Department confirmed that India's pro-rated EB-2 limit for fiscal year 2026 has been reached, so the EB-2 India category is unavailable. No numbers are available for the rest of the fiscal year. The bulletin noted the date is likely to advance again in October, when a new fiscal year's allocation begins.
At the same time:
- EB-1 India retrogressed further, to October 15, 2022.
- India EB-5 unreserved also became unavailable for the remainder of the fiscal year.
For India-born professionals, this is the sharpest reminder yet of how oversubscribed the top employment-based green card categories have become.
EB-3 and China Categories Advance
The news was better elsewhere:
- EB-3 China advanced to December 22, 2021.
- EB-3 for All Chargeability Areas and Mexico advanced to August 1, 2024.
- EB-1 China advanced to June 1, 2023.
Some applicants stuck in EB-2 may find that "downgrading" to EB-3 is now advantageous, a strategy worth discussing with an attorney. Employment-based adjustment filings continue to use the Final Action Dates chart this month.
Is EB-3 downgrading right for you? Our attorneys can compare your options under the new bulletin. Book a strategy session to map your fastest path.
The $100,000 H-1B Fee Heads to the Appeals Court
After last week's ruling that struck down, then stayed, the $100,000 H-1B fee, the government moved its appeal forward, filing its stay request with the First Circuit Court of Appeals by the June 18 deadline. Until the appeals court rules, the fee remains in effect for qualifying petitions. No appellate decision has been issued yet, so employers should continue to plan around the fee.
What Should You Do This Week?
- EB-2 India applicants: the category is unavailable for the rest of the fiscal year, so talk to an attorney about whether an EB-3 downgrade makes sense.
- EB-3 applicants: several categories advanced, so check whether your priority date is now current.
- H-1B employers: the $100,000 fee is still in force pending appeal, so keep it in your filing budget.
Have questions about how these changes affect your case? Our experienced immigration attorneys can help. Schedule a free strategy session today.
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Related Visa Guides
The nonimmigrant H-1B visa allows U.S. companies to employ foreign nationals with theoretical or technical knowledge in a specialty occupation.
The EB2- visa is a U.S. Green Card for professionals with advanced degrees or who can prove exceptional ability in their particular field.
The EB-3 visa is a third preference employment-based green card for skilled, professional, and in some cases "unskilled" workers.