If you’re waiting for your employment-based green card, I know the frustration you’re feeling. Every month you check the Visa Bulletin, hoping for movement. Some months there’s progress, other months there’s none. Let me give you the complete breakdown of where things stand in January 2026, because H1bVisajobs.com is committed to keeping you informed with accurate, actionable information.
The January 2026 Visa Bulletin brings some positive news – there’s actually movement in several categories. But before you get too excited, let me put it in context. The overall backlog situation remains challenging, especially for India and China-born applicants.
January 2026 Priority Dates: Dates for Filing
Here’s good news first. USCIS is using the Dates for Filing chart for January 2026. This is the fourth consecutive month they’ve done this, which signals they have capacity to accept more I-485 adjustment of status applications. According to USCIS official guidance, this means you can file earlier than the Final Action Dates would suggest.
For EB-2, the Dates for Filing moved forward to October 15, 2024 for all countries except India and China. That’s a three-month advancement, which is significant. For China, the date moved to January 1, 2022, a one-month advancement. For India? December 1, 2013. No change. Still stuck over 12 years in the past.
For EB-3, the dates are July 1, 2023 for most countries with no movement. China remains at January 1, 2022 with no change. India sits at August 15, 2014, also unchanged. These dates tell you when you can file your I-485, not when your green card will actually be approved.
Final Action Dates: When Green Cards Are Issued
The Final Action Dates determine when green cards are actually issued or when you can have your consular interview. These are the dates that matter for getting your permanent resident status.
For EB-2, the Final Action Date for all countries except India and China advanced to April 1, 2024 – a three-month jump. China moved to September 1, 2021, also advancing three months. India inched forward to July 15, 2013, a two-month advancement. Small, but progress is progress.
For EB-3, most countries moved to April 22, 2023, advancing just one week. China advanced to May 1, 2021, a one-month gain. India moved to November 15, 2013, a small advancement. For EB-3 Other Workers, the dates vary significantly by country.
The India Backlog: A Decade-Plus Wait
Let me be direct with you about the India situation because it affects so many of our readers. If you’re India-born and waiting for an EB-2 green card, you’re looking at a wait of 12 to 15 years or more. For EB-3, it’s 11 to 13 years or longer.
These aren’t exaggerations. The priority dates for India are stuck in 2013-2014. That means someone filing for a green card today might not receive it until 2038 or later. That’s an entire career waiting for permanent status. For strategies to navigate this, check our green card processing guide.
This situation exists because of per-country limits that cap any single country at 7% of total green cards, regardless of demand. India and China, with their large populations of skilled workers in the U.S., are disproportionately affected by these limits.
China Backlog: 5-8 Years
For China-born applicants, the situation is better than India but still significant. EB-2 waits are currently 5 to 8 years. EB-3 waits are similar, ranging from 5 to 7 years.
The January 2026 bulletin shows some positive movement for China, with the EB-3 Other Workers category advancing a full year in the Dates for Filing chart. This suggests USCIS is working to reduce some categories of the backlog.
Rest of World: 1.5 to 5 Years
If you were born in a country other than India, China, Mexico, or the Philippines, your wait times are considerably shorter. EB-2 waits range from 1.5 to 3 years. EB-3 waits are 3 to 5 years.
The January bulletin shows the best movement for this category, with EB-2 advancing three months. If you’re in this group, the outlook is relatively positive compared to the country-specific backlogs.
Processing Times: What to Expect
Even after your priority date becomes current, you still face processing delays. According to Department of Labor data, here’s what the timeline looks like.
PERM Labor Certification currently takes 15.5 to 24 months. The DOL is processing applications from August 2024, meaning about a 16-month backlog. This is your first major hurdle if you’re starting the green card process.
I-140 Petition approval takes approximately 8 months without premium processing. If you pay for premium processing, it’s 15 days. Given the uncertainty in immigration policy, many employers are opting for premium processing to lock in approvals quickly.
I-485 Adjustment of Status takes about 7 months median after your priority date becomes current. This final step gets you to your green card, assuming no complications or requests for evidence.
Strategies for Managing the Wait
Given these timelines, what should you do? First, file your PERM as early as possible. The clock starts when your PERM is filed, not when it’s approved. Getting in the queue early is essential.
Second, use premium processing for your I-140. The $2,805 fee is worth it for the certainty and speed. An approved I-140 gives you certain protections and locks in your priority date.
Third, consider EB-2 National Interest Waiver if you qualify. This self-petition option bypasses the PERM process entirely, saving you 18 to 24 months. You need to demonstrate exceptional ability and that your work benefits the U.S. national interest. Not everyone qualifies, but it’s worth exploring. For more information, visit our visa category resources.
Fourth, monitor the Visa Bulletin monthly. The State Department publishes updates mid-month. Sometimes there are unexpected advances, especially when other categories don’t use all their visas and numbers spill over.
EB-1 India: Significant Movement
Here’s a bright spot in the January 2026 bulletin. EB-1 India saw nearly a one-year jump in Final Action dates. This category is for persons of extraordinary ability, outstanding professors and researchers, and multinational managers and executives.
If you might qualify for EB-1, this is worth exploring. The wait times are significantly shorter than EB-2 or EB-3, and the recent movement suggests the backlog is being addressed. Consult with an immigration attorney to assess your eligibility.
The Bigger Picture: Will Reform Happen?
There’s ongoing discussion about eliminating or raising per-country limits. Various bills have been introduced over the years, but none have passed. The most recent efforts have stalled in Congress.
The economic arguments for reform are strong. Keeping highly skilled workers waiting decades for permanent status is bad for American competitiveness. Many choose to leave for countries with clearer immigration pathways. But political realities have so far prevented action.
I wish I could tell you that reform is imminent. I can’t. The best strategy is to work within the current system while advocating for change. Stay connected with immigrant advocacy groups. Make your voice heard. And keep your paperwork in order. For the latest updates, check our immigration news section.
What Happens If You’re Laid Off?
One critical concern during this long wait is employment stability. If you’re laid off while waiting for your green card, your status is affected. Here’s what you need to know.
If your I-140 has been approved for 180 days or more, you can use AC21 portability to transfer to a new employer without losing your place in line. The new job must be in the same or similar occupation. This protection is crucial given the current tech industry volatility.
If your I-140 hasn’t been approved that long, you’ll need to restart the process with a new employer. This is why premium processing for the I-140 is so important – it accelerates your path to portability protection.
Maintaining H-1B Status During the Wait
While waiting for your green card, you’re likely on H-1B status. The six-year H-1B limit doesn’t apply if you have a pending or approved I-140 and your priority date isn’t current. You can continue extending your H-1B in one-year or three-year increments.
This is a critical protection that allows you to remain and work in the U.S. during the decade-plus wait. Make sure your employer understands this and files extensions on time. For more on maintaining status, see our H-1B resources.
Frequently Asked Questions
Q: What’s the current EB-2 wait time for India?
A: Currently 12-15+ years based on the December 2013 priority date. This means applicants filing today may wait until 2038 or later for their green card.
Q: Should I downgrade from EB-2 to EB-3?
A: It depends on the current dates. For India, EB-3 has slightly more recent dates but still involves a decade-plus wait. Consult an attorney to compare your specific situation.
Q: Can I use premium processing for I-485?
A: Premium processing is not available for I-485 adjustment of status applications. It only applies to I-140 petitions and certain other forms.
Q: What happens if priority dates retrogress?
A: If dates move backward (retrogress), pending I-485 applications continue processing, but new filings may be blocked until dates advance again. Already-filed applications are protected.
Q: How do I track my priority date?
A: Your priority date is established when your PERM is filed (or I-140 for categories not requiring PERM). Check the monthly Visa Bulletin at travel.state.gov to see when your date becomes current.
Q: Is concurrent filing still available?
A: Yes, if your priority date is current when filing, you can file I-140 and I-485 concurrently. This saves time by processing both petitions simultaneously.