
On 26 January the US administration confirmed an executive order, effective 21 January, that suspends immigrant-visa issuance to nationals of 75 countries deemed to have low repatriation cooperation. Although Indians are not on the banned list, the policy has an unexpected knock-on effect: approximately 50,000 family-sponsored green cards could go unused in Fiscal Year 2026. Under US law, any shortfall in family quotas rolls over to the employment-based (EB) categories the following year.
A similar rollover during the pandemic fueled record priority-date advancement for EB-2 and EB-3 India, prompting thousands of Indian professionals to file I-485 adjustment applications. Immigration attorneys anticipate a repeat in FY 2027 if the new ban remains in place for a full year. Early projections suggest EB annual limits could rise from 140,000 to roughly 190,000, giving long-backlogged Indian applicants an unexpected lifeline.
Indian firms with US operations should encourage eligible employees to ensure PERM labour-certification validity, medicals and police-clearance documentation are up to date so they can file quickly once priority dates advance. Families considering EB-5 investment routes may wish to reassess timelines, as an enlarged EB quota could present a cheaper, employment-based alternative.
Critics argue the policy politicises family immigration and may face legal challenges, but until courts intervene, strategic planning now could shave years off green-card waits for Indian nationals.
A similar rollover during the pandemic fueled record priority-date advancement for EB-2 and EB-3 India, prompting thousands of Indian professionals to file I-485 adjustment applications. Immigration attorneys anticipate a repeat in FY 2027 if the new ban remains in place for a full year. Early projections suggest EB annual limits could rise from 140,000 to roughly 190,000, giving long-backlogged Indian applicants an unexpected lifeline.
Indian firms with US operations should encourage eligible employees to ensure PERM labour-certification validity, medicals and police-clearance documentation are up to date so they can file quickly once priority dates advance. Families considering EB-5 investment routes may wish to reassess timelines, as an enlarged EB quota could present a cheaper, employment-based alternative.
Critics argue the policy politicises family immigration and may face legal challenges, but until courts intervene, strategic planning now could shave years off green-card waits for Indian nationals.
Source: The Economic Times