The priority-date wait.
Congress caps employment-based green cards at about 140,000 per year, and no single country of birth may take more than roughly 7% of them. Countries that generate more demand than that share — overwhelmingly India and China — develop multi-year backlogs, while applicants from most other countries move through with little or no wait. Your position in the queue is fixed by your priority date: generally the day your PERM labor certification or I-140 petition was filed. When the Visa Bulletin's cut-off date for your category and country passes your priority date, a visa number becomes available. India-born applicants weighing EB-2 NIW against the backlog can read our EB-2 NIW priority-date strategy for Indian nationals.
Priority dates by category.
Final Action Dates from the July 2026 Visa Bulletin. "Current" means no wait — a visa number is immediately available. Mexico follows the "All other countries" column for employment-based categories. Dates move every month and can retrogress without warning.
| Category | All other countries | China (mainland) | India |
|---|---|---|---|
| EB-1 — Extraordinary ability / multinational | Current | Jun 2023 | Oct 2022 |
| EB-2 — Advanced degree / NIW | Current | Sep 2021 | Unavailable |
| EB-3 — Professionals & skilled workers | Aug 2024 | Dec 2021 | Jan 2014 |
| EB-3 — Philippines | Aug 2023 | — | |
| EB-5 — Investor (unreserved) | Current | Dec 2016 | Unavailable |
| EB-5 — Investor (rural / HUA / infrastructure set-asides) | Current | Current | Current |
These dates change monthly — and move backward as often as forward. In July 2026, EB-2 India and EB-5 unreserved India became unavailable for the remainder of FY2026 (through September 30). EB-1 India retrogressed again, to October 2022. The State Department has flagged possible further EB-1 India retrogression before fiscal year end. Confirm the current month's cut-offs, and whether the Final Action Dates or Dates for Filing chart applies, on the official Department of State Visa Bulletin.
Planning around the backlog.
For applicants born in a current country, the priority-date wait is a non-issue — petition approval is most of the battle. For Indian and Chinese nationals, it is often the single biggest factor in the strategy, and there are levers worth evaluating early.
Choose the category carefully
EB-1A (extraordinary ability) sits ahead of EB-2 and EB-3 in the queue for backlogged countries and allows self-petition. For a strong profile, building toward EB-1A can save years over EB-2 NIW. Compare petition times.
Lock in an early priority date
Your priority date is your place in line — and it can be retained and ported across petitions. Filing sooner, even in a backlogged category, preserves your position while you pursue a faster path in parallel.
Use cross-chargeability
A spouse born in a current country can change the country your case is charged to — potentially skipping the India or China queue entirely. We screen for this at intake.