Indian nationals’ wait for US green card now gets longer with new USCIS rule

Hyderabad: A new rule in the May 2026 Visa Bulletin has made the already difficult path to a US green card even harder for Indian nationals, closing a brief window that offered relief to thousands stuck in long queues.In a significant shift, the US Citizenship and Immigration Services (USCIS) has decided to use a stricter system for employment-based visas. Put simply, Indians can now apply for a green card only when their turn in the queue actually arrives, not earlier, as was allowed until April. "Until last month, the rules were more flexible. Many Indians were allowed to apply in advance, even if their final approval would come later. That early application helped them secure benefits like job flexibility and travel freedom while waiting. But that window has now been shut," said Ana Gabriel Urizar, principal immigration attorney at Manifest Law, an immigration law firm in the US. The impact is immediate. In the EB-2 category, commonly used by Indian professionals, applicants could file in April if their applications dated back to Jan 15, 2015, or earlier. In May, that cutoff has moved back to July 15, 2014. "In simple terms, thousands who were eligible just weeks ago are no longer allowed to apply. A similar rollback has happened in the EB-1 category. In April, Indians whose applications dated back to Dec 1, 2023, could apply. Now, only those with applications filed before April 1, 2023, are eligible. This sudden shift has pushed many applicants out of the process overnight," said Haley Davidsom, an immigration analyst from the US. She added: "This is a major setback for Indian applicants who were preparing to file. Many had their documents ready, but the rule change has suddenly taken away their chance." Other visa categories like family-sponsored, diversity immigrant category and others also saw some changes in dates. Regarding the availability of the employment and family-based categories, the bulletin read: "The immigrant visa issuance rates for aliens from certain countries have decreased in light of various actions the administration has taken to protect national security and public safety, and to otherwise advance the interests of the United States. Note that as additional immigrant visa demand materialises, or administration actions are amended, retrogression may be necessary later in the fiscal year to keep issuances within annual limits." The impact is severe for Indians in employment-based categories, where backlogs remain the highest. Over 10.2 lakh Indians are currently waiting for green cards, including about six lakh primary applicants and a large number of dependents. With a 7% per-country cap and sustained demand, wait times can stretch for decades. Some estimates suggest delays could extend beyond a century, with as many as four lakh individuals unlikely to receive permanent residency in their lifetime. For Indian families, the consequences go beyond paperwork. "Applying for a green card is not just about permanent residency. It also provides stability. Without being able to apply, many remain tied to temporary work visas, facing job restrictions and uncertainty about their future. Even when progress is made, it can be reversed very quickly," said an affected individual on the condition of anonymity.