Approved Employment-Based Petitions Reach Nearly 896,000 with India Representing Majority of Pending Cases
U.S. Citizenship and Immigration Services (USCIS) has released its FY2026 first quarter performance data detailing the number of approved employment-based immigrant petitions awaiting visa availability. According to the data, nearly 896,000 beneficiaries with approved Forms I-140, I-360, and I-526 remain in the queue for a visa number due to statutory annual limits and per-country caps.
The figures underscore the ongoing structural imbalance between demand for employment-based immigrant visas and the limited number allocated each fiscal year. After an employment-based petition is approved, a foreign national must wait for a visa to finalize permanent residency. Recent data shows many individuals have cleared the petition stage but cannot proceed due to quota limits.
Indian nationals account for 486,400 of the pending beneficiaries, representing 54 percent of the total backlog. China is the next largest group with 73,436, followed by 286,740 beneficiaries from all other countries combined. The high number of pending cases among Indian-born professionals significantly influences visa bulletin updates. This is especially true for the EB-2 and EB-3 categories.
EB-2 Advanced Degree Category Dominates the Backlog
The employment-based second preference (EB-2) advanced degree category constitutes the single largest portion of the pending queue. USCIS reports 403,646 approved beneficiaries in this subcategory awaiting visa availability. Of these, 351,177 are chargeable to India, accounting for approximately 87 percent of the EB-2 advanced degree backlog.
By comparison, the number of EB-2 advanced degree beneficiaries from countries outside India, China, Mexico, and the Philippines totals 17,413. The data highlights the unequal effects of per-country limits on high-demand nations, especially India. In the EB-2 category, priority dates have faced significant retrogression and minimal progress recently.
For many Indian nationals in the EB-2 and EB-3 categories, approved petitions do not equate to near-term permanent residence. Instead, visa availability may depend on future quota reallocation, annual limit changes, or broader legislative reform.
EB-4 Special Immigrants Emerge as a Significant Component of the Queue
The employment-based fourth preference (EB-4) category represents the second-largest segment of the overall employment-based backlog. USCIS data indicates that 231,005 approved beneficiaries are awaiting visa numbers in this classification.
Unlike EB-2, the EB-4 backlog is concentrated in the “Rest of World” category, which accounts for 205,142 pending beneficiaries. The EB-4 category encompasses religious workers and specific broadcasters. It also includes Iraqi and Afghan nationals who aided U.S. government operations, along with other special immigrant classifications. While often less visible in public discussion than EB-2 and EB-3 professional categories, EB-4 now represents more than one quarter of the total employment-based queue awaiting visa availability.
The magnitude of the EB-4 backlog has operational implications, particularly given that this category has seen periods of visa retrogression in recent fiscal years due to heightened demand.
Ongoing Impact on Employers, Workers, and Investors
The nearly 896,000 approved petitions pending final action dates reflect cases that have already met substantive eligibility requirements under employment-based immigration law. However, numerical limitations under the Immigration and Nationality Act continue to slow progression to adjustment of status or immigrant visa issuance.
For employers, extended backlogs may prolong workforce planning challenges, particularly for multinational companies and technology sector employers with significant numbers of Indian national employees in H-1B status awaiting permanent residence. Extended wait times can affect job mobility, retention strategies, and long-term talent planning.
For foreign national workers and their families, prolonged visa unavailability can have downstream effects on dependent children approaching age-out thresholds, geographic mobility restrictions under temporary visa classifications, and long-term personal planning.
Investors and petitioners in EB-4 and related categories may also face extended timelines despite having already secured petition approval.
Relationship to the Visa Bulletin and Future Movement
USCIS approval data reflects only one part of the green card allocation process. Final action dates are controlled by the Department of State through the monthly Visa Bulletin, which distributes immigrant visa numbers according to annual numerical limits and per-country caps.
The size and distribution of the pending inventory provide important context for anticipated visa bulletin movement. Substantial backlogs in categories such as EB-2 for India and EB-4 worldwide suggest continued pressure on visa number allocation unless annual limits increase or demand patterns shift.
Immigration Professional Association continues to monitor how this inventory data translates into operational developments, including future visa bulletin adjustments and category-specific retrogression trends, as FY2026 progresses.
