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- India EB1 October 2025 Visa Bulletin Update: Date of Filing Advances to Apr 2023
Update: As of Sept 15, 2025, USCIS has confirmed that the Date of Filing (DOF) will be used 🎉 The October 2025 Visa Bulletin is out, and as expected, there’s finally some movement for India EB1 applicants. While the Final Action Date (FAD) continues to remain unchanged, the Date of Filing (DOF) has advanced by a full year — from April 15, 2022, to April 15, 2023 . For those following closely, this is a significant development. It means that many applicants who were stuck in the 2022 queue now might get the opportunity to file their adjustment of status (AOS) applications in the new fiscal year. Although final approval of green card still depend on the Final Action Date, the forward movement in the Filing Date allows more applicants to get into the pipeline, secure EAD/AP benefits, and prepare for the next stages of their green card journey. What Changed in India EB1 October 2025 Visa Bulletin Let’s break it down clearly: Final Action Date (FAD): Remains the same, no forward movement for India EB1. Date of Filing (DOF): Moved ahead by one year — from April 15, 2022 → April 15, 2023 . This pattern is something we’ve seen before. When USCIS expects demand to be high , they often advance the Date of Filing to allow more applicants to prepare for their I-485 paperwork, even if the actual Final Action Date is stuck. This helps the agency manage demand while also preparing the system for future approvals. Example Case To make this clearer, let’s look at this example. Suppose, my priority date is August 15, 2022 under EB1 (India). The Date of Filing for my category is April 15, 2023, which means if USCIS allows DOF, I’m eligible to file right now. But the Final Action Date is only at April 15, 2022, which lags behind my date by about a year. If USCIS allows filing based on DOF , I can go ahead and file my I-485 along with applications for EAD and Advance Parole. Even though my green card wouldn’t be approved until the FAD catches up, I’d still benefit in the meantime by getting work authorization and travel flexibility. On the other hand, if USCIS requires applicants to use the FAD chart, then I’m stuck waiting. My date isn’t yet current under FAD, so I can’t file anything—not even the EAD. This is what we have today as of current month's chart. Next month chart will be announced soon . Source: USCIS Difference Between Date of Filing and Final Action Date The Date of Filing is exactly what it sounds like—the date that USCIS allows you to submit your I-485 Adjustment of Status application. If your priority date is earlier than the DOF listed for your category and country, you can send in your green card application package, which typically includes your I-485, I-765 (EAD), and I-131 (Advance Parole). The Final Action Date , on the other hand, is when a visa number is actually available to you. In other words, USCIS or the consulate can only approve your green card when your priority date is earlier than the FAD listed. Until then, even if you’ve filed your application, it will remain pending in the system. So, DOF is like being allowed to enter the waiting room, while FAD is when your number is finally called. Why Did the Filing Date Move for India EB1? Every October, the new fiscal year quota opens up, and historically, this is when we see the most movement. Last month, I mentioned in my analysis that there was a good chance of movement in EB1 India at the start of FY2026 (October 2025 bulletin). That prediction seems to have played out to some extent. The logic is simple: Fresh Quota Reset – With the start of the new fiscal year, unused visas from family-based categories and spillover from other countries are reallocated. While the spillover was not significant, the numbers still increased to 150,037 from 140,000, which is an improvement. High Pending Demand – USCIS likely has a large number of pending EB1 India applications, so they want to allow more applicants to get into the system. Pipeline Management – By advancing the Filing Date (when USCIS announces that the DOF chart can be used), USCIS can process paperwork, issue EADs, grant Advance Parole, and get cases ready so that when the Final Action Dates move forward in the future, green card approvals can happen smoothly. What This Means for India EB1 Applicants If your priority date is earlier than April 15, 2023 , you may now be eligible to file your I-485 (Adjustment of Status) under the Date of Filing chart. This is a big relief for many applicants who were stuck waiting and could not proceed with their cases. Here’s what you gain once you file: EAD (Employment Authorization Document) → You can work freely without H-1B/L-1 restrictions. AP (Advance Parole) → You can travel outside the U.S. without needing a visa stamp. H-1B Flexibility → No longer tied to strict H-1B rules, giving you more career options. Early Start in the Queue → Even though FAD is stuck, you’re now “in line,” which matters when approvals eventually open up. Of course, approvals will still not happen until the Final Action Date moves. But being able to file is the first step that unlocks a lot of benefits. Processing Times Will Stretch The flood of applications doesn’t just affect green card adjudications. It slows everything. I-485 (Green Card Applications): Expect longer queues before adjudication even starts. I-765 (EAD): Processing times may stretch, delaying work permits that many applicants are counting on. I-131 (Advance Parole): Travel documents that once arrived in a few months could now take twice as long. See current USCIS processing times here . The Bigger Picture: What to Expect Next Now the big question — when will the Final Action Dat e for India EB1 move? Based on past patterns: Short Term (Next 6–12 months): FAD may stay frozen while USCIS assesses demand from the newly filed cases. Don’t expect immediate movement. Read more . Medium Term (Mid FY2026): If demand balances out and spillover remains strong, we could see incremental movement in FAD. Long Term: EB1 historically recovers faster than EB2 or EB3 for India, so while it may take time, chances of FAD catching up are better here compared to other categories. The advancement in DOF is actually a positive sign — it signals that USCIS is preparing for eventual FAD movement. They wouldn’t open up Filing Dates without anticipating some space in the future. Other Ripple Effects Nobody Talks About Beyond the obvious, there are knock-on effects that many applicants won’t see coming: Biometrics centers overloaded: Fingerprint appointments could be booked out for weeks or months. Scramble for medical exams: Civil surgeons in hotspots like California and New Jersey could be overwhelmed, driving up wait times and costs. USCIS revenue spike: Filing fees from 30,000–40,000 applicants means tens of millions flowing in overnight—but money doesn’t instantly translate to faster service. Retrogression risk: If demand spirals out of control, EB1 India dates could retrogress in future bulletins, freezing many of these new cases mid-process. Travel traps: Applicants who travel without Advance Parole after filing risk abandoning their I-485—a mistake many make in the rush. These side effects often get overlooked in the initial excitement, but they become painfully real once the system is flooded. The Job Market Ripple An under-discussed effect is what this does to the job market. With tens of thousands of new applicants receiving EADs: More mobility: Applicants tied to H-1B or L-1 restrictions will now switch jobs freely. Wider access: Some companies that only hire citizens or green card holders may open doors to EAD holders. Increased competition: Certain high-skilled roles, especially in tech and research, could see more applicants in play. In short, DOF filings don’t just shake USCIS—they ripple across entire industries. Our Prediction on India EB1 Back in my previous updates , I had mentioned that October 2025 could bring some movement for EB1 India, especially in new fiscal year. That’s exactly what we’re seeing now. While it’s not the Final Action Date movement we all hoped for, this is still an important step forward. Sometimes, the first sign of recovery in a category comes through Filing Date movement. USCIS uses it as a tool to manage expectations and prepare the ground for bigger shifts later. So in that sense, this is a win for EB1 India applicants. Final Thoughts on India EB1 October 2025 For India EB1 applicants, the October 2025 Visa Bulletin brings a mix of stability and opportunity. The Final Action Date remains unchanged, which means approvals are still on hold for many. But the Date of Filing moving forward to April 15, 2023 is a strong positive, giving thousands of applicants the chance to finally file their adjustment of status in coming months. This development aligns with what we predicted for the new fiscal year — that USCIS would likely make some adjustments in Filing Dates to handle fresh visa numbers. It’s not the end goal yet, but it’s progress in the right direction. If your date is current under the Filing Date chart , my advice is simple: file as soon as possible . This ensures you lock in benefits like EAD and AP while waiting for the Final Action Date to catch up. The road ahead may still be long, but October 2025 is proof that movement is happening, step by step. Related Topics
- Green Card Priority Dates Explained: NVC Consular Processing vs Adjustment of Status
When applying for a U.S. green card, one of the most confusing parts is understanding priority dates and how they affect your case. The process looks different depending on where you apply: applicants inside the U.S. file through Adjustment of Status (AOS) with USCIS, while those outside the U.S. go through the National Visa Center (NVC) and consular processing at a U.S. embassy or consulate. Knowing how to read the Visa Bulletin—and whether the Date of Filing or the Final Action Date applies—determines when your green card case can move forward. This guide explains how priority dates affect both NVC consular processing and Adjustment of Status, and why the difference between the two charts matters. Date of Filing vs Final Action Date — AOS vs NVC Feature / Benefit Adjustment of Status (AOS) 🇺🇸 NVC Consular Processing 🌍 Can file early when DOF is current ? ✔️ Yes ❌ No Work permit (EAD) while waiting ✔️ Yes ❌ No Travel permit (Advance Parole) while waiting ✔️ Yes ❌ No Green card approval timing ❌ Only when FAD is current ❌ Only when FAD is current Effect of retrogression ✔️ Case paused, but keep EAD/AP ❌ Case stuck, no benefits What is NVC Consular Processing? If you’re applying for a green card from outside the U.S., the first step is filing a petition (Form I-130 for family-based or Form I-140 for employment-based cases) with USCIS. Once that is approved, the second step goes through the National Visa Center (NVC), which collects your forms, fees, and documents before forwarding your case to the U.S. embassy or consulate for an interview. Family-Based NVC Example: A U.S. citizen files Form I-130 for their spouse. After approval, the case goes to the NVC. The applicant completes the DS-260 immigrant visa application, submits documents like a birth certificate and marriage certificate, and then waits for the interview at the embassy. Employment-Based NVC Example: A worker approved through Form I-140 (or in some categories self-petitioning, like EB-1A or EB-2 NIW) also goes through NVC. They pay the fees, complete the DS-260 , and send in supporting documents before the embassy interview. In both cases, the interview is scheduled only when the Final Action Date is current (not the Date of Filing). Once the immigrant visa is issued, you can travel to the U.S., and your green card is mailed to your U.S. address after arrival. Step-by-Step: NVC Consular Processing (Outside the U.S.) File I-130 (Family-Based) or I-140 (Employment-Based) with USCIS. After USCIS approval → case sent to NVC. NVC contacts you by email with instructions for the second step. File DS-260 (immigrant visa application) and pay the NVC immigrant visa fee (~$345 per person). Submit civil (birth, marriage, etc.) and financial documents to NVC. Check your NVC case status online with your case number and invoice number. Check the Visa Bulletin . Your interview is scheduled only when the Final Action Date is current (not Date of Filing). Wait for and attend your interview at the U.S. embassy/consulate. Receive the immigrant visa (IV). Travel to the U.S. using your immigrant visa. Green Card is mailed to your U.S. address after arrival. What is Adjustment of Status (AOS)? Adjustment of Status lets eligible applicants already inside the U.S. apply for a green card without leaving the country. After your petition (I-130 family-based or I-140 employment-based) is approved—and when USCIS says your priority date is current (they announce monthly which Visa Bulletin chart to use)—you file Form I-485. While the case is pending, you can typically get work authorization (EAD) and Advance Parole for travel. Most cases end with an interview at a local USCIS field offices, and the green card is mailed to your address if approved. Family-Based AOS example: A U.S. citizen’s spouse in the U.S. often files I-130 and I-485 together (concurrent filing) and stays in the U.S. for biometrics and interview until visa bulletin is current—no embassy visit. Employment-Based AOS example: A worker in valid U.S. status files I-485 when their priority date is current per USCIS’s monthly guidance (some categories can self-petition, e.g., EB-1A, EB-2 NIW). They remain in the U.S. for processing; no consular interview. Step-by-Step: Adjustment of Status (Inside the U.S.) File I-130 (Family-Based) or I-140 (Employment-Based) with USCIS. Check the Visa Bulletin – you can only move forward if your Final Action Date (or in some cases Date of Filing ) is current. File Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. Pay the I-485 filing fee (varies by age and category, typically $1,140 + $85 biometrics fee). Submit supporting documents (birth/marriage certificates, financial documents, I-864 affidavit of support if family-based, etc.). Attend biometrics appointment at a USCIS Application Support Center. Receive EAD (Employment Authorization Document) and, in many cases, Advance Parole travel document while your green card application is pending. Attend your USCIS interview (if required, usually at a local USCIS field office). Wait for USCIS decision – if approved, you receive your green card directly by mail at your U.S. address. October 2025 Visa Bulletin — A Perfect Example The October 2025 Visa Bulletin is the perfect example to understand this difference that created a lot of buzz because of a big shift in the Date of Filing (DOF) chart, while the Final Action Dates (FAD) hardly moved at all. For example, in the EB-1 category for India, the Date of Filing advanced by almost one full year, but the Final Action Date stayed the same. If you don't know the difference between these dates, here is the brief difference: Date of Filing (DOF): The earliest date you can submit your green card application package (Form I-485 for Adjustment of Status, or DS-260 for NVC Consular Processing). Final Action Date (FAD): The date when a visa number is actually available, and your case can be approved or an interview scheduled. Impact on Adjustment of Status (Inside the U.S.) Good news: When DOF moves forward, AOS applicants benefit because USCIS often allows early filing of Form I-485. Why it matters: Filing early means you can get EAD (work permit) and Advance Parole (travel document) while you wait, even though your green card won’t be approved until the FAD is current. Limitation: The actual green card is issued only when the Final Action Date is current. Retrogression impact: If the Final Action Date retrogresses (moves backward) after you file, your case approval will be paused until the FAD becomes current again. The good part? Your EAD and Advance Parole remain valid as long as your I-485 is pending. Impact on NVC Consular Processing (Outside the U.S.) No real benefit: NVC applicants cannot take advantage of early filing. Interviews are scheduled only when the Final Action Date is current. What it means: Even if the Date of Filing chart shows progress, you must wait for the FAD before NVC schedules your consular interview. Retrogression impact: If the Final Action Date retrogresses, your case will be stuck at NVC. Even if you’ve already submitted all documents, the embassy will not issue interview appointments until the FAD becomes current again. Unlike AOS, you get no interim benefits (like EAD or travel authorization). Real Example: EB-1 India in October 2025 In the October 2025 Visa Bulletin, the EB-1 India category showed a clear gap between the two charts. The Date of Filing (DOF) advanced to April 15, 2023, while the Final Action Date (FAD) stayed back at February 15, 2022. This difference has very different consequences depending on whether an applicant is filing through Adjustment of Status (AOS 🇺🇸) inside the U.S. or NVC Consular Processing (🌍) abroad. For example, let’s consider two applicants—one with a priority date of August 15, 2022, and another with a priority date of January 15, 2022. Priority Date Adjustment of Status (AOS 🇺🇸) NVC Consular Processing 🌍 Aug 15, 2022 Eligible to file I-485 now because DOF is April 2023. The applicant can receive EAD and Advance Parole while waiting. However, the green card itself will not be approved until FAD passes Aug 2022. Cannot move forward. The embassy will not schedule an interview until the Final Action Date reaches Aug 2022. No interim benefits. Jan 15, 2022 Can file I-485 and, since FAD is already February 2022, the case can move to approval immediately . Eligible for interview and immigrant visa issuance because FAD is current . This example shows why the October 2025 Visa Bulletin is such a perfect illustration: AOS applicants benefit from the ability to file early under the Date of Filing chart and enjoy interim benefits, while NVC applicants remain tied to the Final Action Date and cannot move forward until it becomes current. Final Thoughts The October 2025 Visa Bulletin is a textbook example of how the two charts affect applicants differently: Adjustment of Status filers may gain the ability to file early and access benefits like EAD and Advance Parole, while NVC applicants must wait until the Final Action Date is current before moving forward. If you are currently waiting, here are two essential tools to bookmark: Visa Bulletin (U.S. Department of State) – published monthly with updated cutoff dates. CEAC Case Status Check – to track your case status if your application is with the NVC. Key takeaway: If you’re in the U.S., early filing under the Date of Filing chart can give you work and travel benefits even before your green card is issued. If you’re outside the U.S., patience is the only option—you must wait for the Final Action Date to become current. Pro tip: Visa Bulletin movement, especially retrogression, can be unpredictable. Always consult an experienced immigration attorney to understand how the monthly changes apply to your specific case. Related Topics
- H1B Visa 100K Executive Order – Everything You Need to Know
As of September 20, 2025, The H1B 100k executive order has created huge confusion in the last 24 hours. Many people are worried about what it really means and how it will affect H1B visa holders. The order itself was signed by President Donald Trump, and you can read the original White House document here. Normally, the cost of filing an H1B visa is a few thousand dollars, usually between US$2,000 and US$8,000. This includes the basic petition fee, training fee, fraud prevention fee, and sometimes an extra fee for premium processing. Please see the table below for the detailed breakdown: Fee Type Amount Registration Fee $215 — for entering the lottery registration. Base Filing Fee (Form I-129) $780 if employer has 26+ full-time employees; $460 for small employers / non-profits. ACWIA Training Fee $750 (if 1-25 employees) or $1,500 (if 26+). Fraud Prevention & Detection $500. Public Law 114-113 Fee $4,000 (if employer has many H1B/L1 workers). Asylum Program Fee $600 for larger employers; $300 for small ones; exempt for nonprofits in some cases. Premium Processing (optional) $2,805 — speeds up processing (15 days). But after this news broke, people started saying the cost has gone up by $100,000. Some even thought it means $100,000 every year for each visa. This sounded like a shocking increase of thousands of percent compared to the current cost. Part of the panic came from a statement by Howard Nutlick, who mentioned “ a hundred thousand dollars a year ” at the 1:15 mark in this video. That one line spread quickly on social media, including this viral post on X, and made the situation even more confusing. Reference: The New York Post Within hours, WhatsApp groups, online forums, and social media were full of worried messages. Some H1B workers even rushed to fly back from India, fearing they might not be allowed to return later. Flight prices doubled over the weekend as panic spread. Microsoft urged its employees to return to the US by Sunday following Trump's executive order on H1B visas affecting several individuals. Many other companies also emailed their foreign employees with the same request. The H1B 100k executive order would have the biggest impact on large tech and consulting companies, since they file the highest number of H1B petitions each year. Companies like Amazon, Infosys, Cognizant, Google, TCS, Meta, Microsoft, and Apple together account for tens of thousands of H1B workers annually. A $100,000 fee per petition would add billions in costs, forcing these firms to rethink hiring strategies, shift roles overseas, or cut back on future H1B sponsorships. Company Approx # of H-1B Visa Beneficiaries / Approvals (recent data) Amazon ~ 9,265 Infosys ~ 8,140 Cognizant ~ 6,321 Google ~ 5,364 Tata Consultancy Services (TCS) ~ 5,274 Meta Platforms ~ 4,844 Microsoft ~ 4,725 Apple ~ 3,873 In this blog, we will explain what the H1B 100k executive order really says, what people misunderstood, and what the real impact is for H1B visa holders. Clearing the Confusion The panic around the H1B 100k executive order finally started to calm down when Karoline Leavitt , Assistant to the President and the 36th White House Press Secretary, made an official clarification. You can see her announcement on her official X account . She made three important points very clear: It is not an annual fee. The $100,000 charge is a one-time fee that applies only when a new H-1B petition is filed. Current H-1B holders will not be charged. If you already have an H-1B visa and are outside the U.S. right now, you do not need to pay $100,000 to re-enter. Your normal travel and re-entry rights stay the same. It applies only to new visas. The fee will apply starting with the next H-1B lottery cycle. It does not affect renewals or people who already hold valid H-1B visas. This official clarification helped stop a lot of the panic, especially for people who thought they might get charged every year, or for simply re-entering the US. USCIS Clarification The next big update came directly from USCIS (U.S. Citizenship and Immigration Services). They confirmed that President Trump’s new H1B visa requirement under the H1B 100k executive order applies only to new, prospective petitions that have not yet been filed. This means that any H1B petitions submitted before September 21, 2025 are not affected by the $100,000 fee. So, if your petition was already filed, you don’t need to worry about this new rule. USCIS repeated this point in an official post on X and also released a formal document to make sure employers and workers understood the details. This second clarification helped calm fears even more, especially for those who thought their already-submitted petitions might suddenly become invalid or cost a lot more. USCIS Newsroom On Friday, Sept. 19, 2025, the USCIS newsroom also published a clarification about President Donald J. Trump signing a proclamation called “Restriction on Entry of Certain Nonimmigrant Workers”. This is an early step to change the H-1B visa program, with the goal of stopping misuse and protecting U.S. workers. What the Proclamation Does Starting Sept. 21, 2025 at 12:01 a.m. (EDT), every new H-1B petition (including the 2026 lottery) must include a $100,000 payment. The Department of Homeland Security (DHS) and the Department of State are responsible for carrying out these rules. Guidance has already been issued by USCIS, Customs and Border Protection (CBP), and the State Department. What It Does NOT Do It does not affect H-1B visas that were already issued, or petitions filed before Sept. 21, 2025. It does not change fees for H-1B renewals. The new $100,000 fee only applies to new petitions. Current H-1B holders can still travel in and out of the U.S. as usual. What’s Coming Next The Department of Labor will propose new rules to raise the required wage levels , so H-1B workers are truly high-skilled and highly paid. The Department of Homeland Security will propose changes to the H-1B lottery to favor higher-skilled, higher-paid applicants. CBP Statement Finally, CBP (U.S. Customs and Border Protection) also stepped in to clear the air. In an official post on X , they wrote: Let’s set the record straight: President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025 are not affected. Any reports claiming otherwise are flat-out wrong and should be ignored. This strong statement from CBP backed up what both the White House Press Secretary and USCIS had already clarified. Together, these official updates made it clear that the H1B 100k executive order only impacts future petitions, not current visa holders or already filed cases. Conclusion The past 24 hours have been full of panic, rumors, and confusion about the H1B 100k executive order . Many thought it meant H1B holders would suddenly have to pay $100,000 every year, or even just to re-enter the U.S. But now the facts are clear: The $100,000 fee is a one-time charge for new petitions only. Current H1B holders and renewals are not affected. Petitions filed before September 21, 2025 stay valid and will not face the new fee. Official statements from the White House Press Secretary, USCIS, and CBP all confirm the same thing. So while the fee is still a big change for future applicants, it is not the nightmare scenario that many feared at first. For now, H1B visa holders can continue their plans without worrying about surprise re-entry fees or retroactive costs. Going forward, employers and applicants will need to prepare for the higher expense in the next lottery cycle, but at least the confusion is cleared. FAQs on the H1B 100K Executive Order Is the $100,000 H1B fee an annual fee? No. The $100K fee under the H1B 100k executive order is a one-time fee that applies only when filing a new petition, I-129. It is not charged every year. Does the $100K fee apply to current H1B holders? No. If you already have an H1B visa, you will not be charged $100,000 to keep working or to re-enter the U.S. Does this apply to H1B renewals? No. The fee only applies to new petitions filed in the upcoming lottery cycle. Renewals and extensions are not affected. What about petitions already filed before the order? Petitions submitted before September 21, 2025 are not impacted by the new fee. When will the $100K fee actually start? It will take effect starting with the next H1B lottery cycle for new applicants. Related Topics
- Current I-140 Processing Time at Texas and Nebraska Service Center for Green Card Applications
This page shows the current I-140 processing times for EB1a, EB1b, EB1c, EB2, EB3, and other employment-based green card application categories at Service Center Operations (SCOPS). USCIS no longer provides separate processing times for individual service centers; instead, all service center cases are reported under SCOPS. The data shown here is updated regularly based on official USCIS processing time reports. Current I-140 Processing Time Recently Approved I-140 Cases FAQ: I-140 Processing Time How can I determine which service center is processing my I-140 application? Refer to the first three letters of your I-140 receipt number; 'SSC' indicates the Texas Service Center, while 'NSC' indicates the Nebraska Service Center. What's the average processing time for I-140 premium processing? 45 days for EB1c and EB2-NIW categories. 30 days for EB1a, EB1b, EB2 and EB3 categories. What's the I-140 premium processing fee? The I-140 premium processing fee is $2,805. How do I request premium processing for Form I-140 after applying? You can request I-140 premium processing by using Form I-907 . Next: Current green card priority date India Related Posts ✔ I-485 processing time ✔ How to expedite the I-485 application? ✔ How to apply for H4 EAD? Related Topics
- Form I-131 Explained: Everything You Need to Know About the Travel Document
This page displays the current processing times for Form I-131 (Application for Travel Document) under Service Center Operations (SCOPS). USCIS no longer provides separate processing times for individual service centers; instead, all service center cases are reported under SCOPS. The data shown here is updated regularly based on official USCIS processing time reports. Current I-131 Processing Time Recently Approved I-131 Cases If you are a green card applicant, permanent resident, refugee, or asylee in the United States, there may be times when you need official permission to travel abroad and return without losing your status. That’s where Form I-131, Application for Travel Document, comes in. Understanding this form is crucial because traveling without it could cause your application to be abandoned or your legal status to be put at risk. What is Form I-131? Form I-131 is filed with U.S. Citizenship and Immigration Services (USCIS) to request a travel document. Depending on your situation, it can serve different purposes: Advance Parole: For those with a pending green card application (Form I-485). It allows you to leave the U.S. temporarily and return without abandoning your application. Re-Entry Permit: For permanent residents (green card holders) who plan to remain outside the U.S. for more than one year but less than two years. Refugee Travel Document: For refugees or asylees who need permission to travel abroad and return. Who Should File Form I-131? You should consider filing Form I-131 if you fall into one of these categories: Pending Green Card Applicants (AOS): If you filed Form I-485 and want to travel before approval, you must apply for Advance Parole. Leaving without it will result in USCIS treating your case as abandoned. Green Card Holders: If you intend to spend extended time outside the U.S. (typically 1–2 years), you should file for a Re-Entry Permit to avoid being considered as having abandoned your residency. Refugees or Asylees: If you were granted refugee or asylum status and want to travel abroad, you need a Refugee Travel Document to re-enter the U.S. legally. How to File Form I-131 Step 1: Complete the Form You can download Form I-131 directly from the USCIS website . Fill it carefully based on the type of travel document you are applying for (Advance Parole, Re-Entry Permit, or Refugee Travel Document). Step 2: Gather Required Documents Typical documents include: A copy of a government-issued ID (passport, green card, or driver’s license). Proof of pending I-485 (if applying for Advance Parole). Two passport-style photos. Supporting evidence for the type of request (e.g., explanation of travel necessity). Step 3: Pay the Filing Fee As of 2025, fees vary: Advance Parole: $575 Re-Entry Permit: $660 (includes biometrics fee) Refugee Travel Document: $135–$220 depending on age (Fee amounts are subject to USCIS updates, so always check the latest fee schedule before filing.) Step 4: Submit Your Application Mail the completed Form I-131 with supporting documents and fee payment to the correct USCIS lockbox address (based on your category and state of residence). Step 5: Biometrics Appointment (If Required) For re-entry permits and some Advance Parole cases, USCIS requires fingerprints and biometrics. You’ll receive a notice to attend an appointment at a local Application Support Center. Common Mistakes to Avoid Traveling before approval: If you leave the U.S. without Advance Parole while your I-485 is pending, your application will be denied as abandoned. Not applying early enough: Apply at least 6 months before planned travel, since processing can be slow. Incorrect category selection: Choose the correct type of travel document (Advance Parole, Re-Entry, or Refugee Travel Document). Missing supporting documents: Incomplete applications are a leading cause of delays or rejections. Form I-131 is more than just a travel form—it’s your safeguard to maintain legal immigration status while traveling abroad. Whether you’re a green card applicant, permanent resident, refugee, or asylee, understanding how and when to file is essential. Next: I-485 processing time Related Posts ✔ Contacting congressman for expedited request ✔ Current green card priority date for India ✔ I-485 processing time for family-based Related Topics
- Form I-129 Processing Time by USCIS Service Center Operations (SCOPS)
This page shows the current processing time for Form I-129 at various USCIS centers: California, Texas, Nebraska, Vermont Service Center and SCOPS. You can also get processing times using the Dataneb Processing Time Calculator , specially tailored to your needs. To begin, refer to the first three letters of your I-129 receipt number to identify the service center, and then use the following tables to see their average processing times. You can also apply for I-129 premium processing , which has an additional fee and a processing time of 15 business days. I-129 Processing Time at Service Center Operations (SCOPS) To precisely calculate the estimated time for your case, use the Dataneb processing time calculator . Next: GC priority dates for India Related Posts ✔ How to apply for H4 EAD? ✔ H4 and EAD concurrent filing ✔ How to apply for B2 visa for parents Related Topics
- USCIS Announces New 128-Question Citizenship Test: What Applicants Need to Know
The 2025 Naturalization Civics Test , announced by U.S. Citizenship and Immigration Services (USCIS) on September 18, 2025, is an updated version of the civics component required for U.S. citizenship through naturalization. Why did USCIS update the civics test? The 2025 changes are part of a broader effort to “restore integrity” and promote stronger civic attachment among new citizens. The revisions build on a test format briefly rolled out in 2020, now reintroduced with modifications. USCIS states that the new version will ensure applicants have a comprehensive understanding of U.S. history, democracy, and civic principles before earning citizenship. The English language requirements (reading, writing, speaking, and understanding) remain unchanged from prior versions. Feature Old/2008 Civic Test New / 2025 Civic Test Question bank size 100 possible questions Increased to 128 questions. Number of questions asked in interview 10 questions orally. 20 questions orally. Passing requirement At least 6 correct out of 10. At least 12 correct out of 20. Stopping early in interview Must answer all 10 (or in some cases all 20 in 2020 version) regardless of already having enough correct or wrong. New rule: Interviewer will stop once applicant has 12 correct answers (pass) or 9 incorrect answers (fail). English test parts Reading, speaking, writing still required. No changes to the English speaking, reading, writing requirements. 65/20 Special Exemption (applicants 65+ & permanent residents 20+ years) They have a shorter test (10 questions drawn from a special 20-question list, need fewer correct answers). This exemption continues, but the question bank/special list gets updated in the 2025 version. When Does the New Test Take Effect? The official announcement came in the Federal Register on September 18, 2025. Under this timeline, the updated exam will apply to Form N-400 naturalization applications filed on or after October 20, 2025—thirty days after publication. If you submitted your application before October 20, 2025, or within the 30-day transition window, you’ll continue with the familiar 2008 naturalization civics test. Anyone filing on or after October 20, 2025 will be required to take the new USCIS 128-question citizenship test. N-400 Filing Date Version of Civics Test Before Oct. 20, 2025 2008 Naturalization Civics Test ( 100 questions ) On or After Oct. 20, 2025 2025 Naturalization Civics Test ( 128 questions ) What These Changes Mean for Applicants The announcement that USCIS announces new 128-question citizenship test carries real implications for anyone planning to apply for naturalization in the coming months. The first step is checking your N-400 filing date carefully. If you submit your application before October 20, 2025, you’ll still face the 2008 version of the test. But if you file on or after that date, you’ll need to prepare for the expanded 128-question pool and the new interview format. USCIS published the official 128 citizenship questions and answers , and those preparing for the exam should make sure they are studying the correct version. Simply relying on older USCIS citizenship test practice guides that cover only 100 questions will no longer be enough. Another key change is the new “early stop” rule. Unlike before, where you had to go through all the questions, the interview now ends once you either reach 12 correct answers (a pass) or 9 incorrect answers (a fail). Beyond the civics questions themselves, USCIS has also highlighted stricter attention to an applicant’s good moral character. Officers are looking not just at whether you avoid disqualifying crimes but also at whether you’ve shown positive contributions to your community. Having records of steady employment, tax compliance, or community service may strengthen your application during the naturalization process. For some, these updates are seen as a positive step. They ensure that new citizens have a deeper knowledge of U.S. history, government, and civic responsibilities. Supporters also point out that the stop rule may actually make interviews shorter for well-prepared applicants. On the other hand, critics argue that doubling the size of the USCIS civics exam creates unnecessary barriers for those with limited English skills or low literacy. In short, the stakes are higher—but with the right preparation and awareness, applicants can position themselves for success under the new system. Useful Resources to Prepare for the Test If you’re getting ready for the new USCIS 128-question citizenship test , the best place to start is with official study materials. Below are direct links to trusted resources from USCIS and the Federal Register: 2025 Civics Test Page – Full list of 128 questions and answers, test format, and scoring details. General Study Materials – Free flashcards, videos, mobile apps, and practice tests for civics and English. Test Version Updates – Guidance on whether the 2008 or 2025 civics test applies based on your filing date. Naturalization Interview Overview – Complete explanation of the interview process, including civics and English components. Federal Register Notice – Legal publication of the 2025 test implementation. USCIS News Release – Official USCIS announcement and background. Policy Manual, Volume 12, Part E, Chapter 2 – Rules on civics testing, exemptions, and waivers. Use USCIS’s free flashcards or apps such as the Civics Test Study Tool to practice daily. Officers often expect exact wording in answers—for example, “The Constitution” not just “Constitution”. Many libraries and community organizations also run free prep classes that can be especially helpful for English learners. Final Thoughts When USCIS announces new 128-question citizenship test, it signals more than just a bureaucratic update—it reflects how the U.S. defines civic knowledge and belonging. For applicants, the message is clear: prepare early, use official study resources, and know which version of the test applies to your filing. Citizenship has always been a milestone that carries both responsibility and pride. With these new changes, demonstrating your commitment to civic principles is more important than ever. Related Posts ✔ N-400 processing times ✔ My DV lottery journey Related Topics
- H1B, H4 and H4 EAD Concurrent Filing, Premium Processing and Processing Time
Note: The Edakunni settlement that required USCIS to process H-4 or L-2 dependent status and employment authorization applications (Forms I-539 and I-765) together with the principal’s H-1B or L-1 petition (Form I-129). This helped reduce delays by ensuring dependent cases were handled alongside the primary worker’s case. However, the settlement expired on January 18, 2025 , meaning USCIS is no longer obligated to bundle these applications, so longer processing times may return. H1B, H4, and H4 EAD concurrent filing or H4 approval with H1 premium processing. Since January 2023, the U.S. Citizenship and Immigration Services (USCIS) has allowed H1B dependents, H4 visa holders, to apply for their H4 EADs (form I-765) and H4 visa applications concurrently with the H1B application (I-129) under the Edakunni Settlement . This means that H4 visa holders can now apply for both their H4 visa and H4 EAD at the same time as the primary H1B petition. This change significantly reduced H4 EAD processing time to less than a month, allowing H-4 visa holders to start working in the US more quickly. You can also file a status change to H4 and EAD together (without H1B), also known as concurrent filing. Edakunni settlement does not apply in this case. You can read this in detail here: H4 COS and EAD concurrent filing . To see more applications like yours, try the Dataneb processing time calculator . The Edakunni settlement applies to L2 dependents as well, but these days, L2 visa holders don't require an EAD to work. You can read about L2S work authorization in more detail here. Between 2015 and January 2023, the process for obtaining an H4 visa and an H4 EAD was a two-step process. First, the H4 applicants would have to apply for an H4 visa. Once they receive the H4 visa, they can apply for an H4 EAD. Related: H1B grace period after layoffs The two-step process could take several months and often cause significant delays for H4 visa holders who want to start working in the US. When H4 and H4 EAD applications are filed separately, the H4 processing time to approve both applications could take up to 6 to 11 months , depending on the service center backlog, and sometimes even longer. Table of Contents: H1B, H4 and H4 EAD Concurrent Filing and Processing Times Edakunni Settlement H4 EAD Processing Time H4 EAD Premium Processing H4 EAD Eligibility H4 EAD Concurrent Filing H4 EAD Expedite Request Change of Status to H4 Processing Time H4 Visa Processing Time (DS-160) FAQs on H4 EAD Edakunni Settlement As per the Edakunni Settlement , USCIS will concurrently adjudicate H4 and H4 EAD applications with the principal's H1B (I-129) petition if they are filed together as a bundle. The term " Bundle " refers to the USCIS processing multiple forms together as a package. The term "properly filed together" means packaged together and filed at the same time and in the same location, consistent with USCIS form instructions. If the H4 and H4 EAD applications were submitted separately or after the principal's H1B petition, the Edakunni settlement will not apply to your case. Reference: Forbes H4 EAD Processing Time The above processing time is specifically for H4 EAD standalone applications (not filed with the H4 COS, I-539 application). Currently, four service centers process H4 EAD applications, and the following date ranges are mostly being processed. We recommend you check USCIS case processing time for more detailed information. You can also concurrently apply for H4 EAD and the H4 status change (I-539). Its processing time is discussed separately in the upcoming section. If you have a valid reason, you can also request expedited requests to speed up the EAD process. Service Center Codes You can find the service center by the state from which you are applying or by the application receipt number. Or, you can refer to the first three letters of your H4 EAD application receipt number. WAC – Western Adjudication Center (California Service Center) SRC – Southern Regional Center (Texas Service Center) LIN – Lincoln Service Center (Nebraska Service Center) EAC – Eastern Adjudication Center (Vermont Service Center) Related: How to apply for H4 EAD? H4 EAD Premium Processing As of Sept 2024, there is no H4 EAD premium processing service offered by USCIS. However, EAD premium processing is available for certain F-1 visa categories , including (C)(3)(A), (C)(3)(B), or (C)(3)(C), with a premium processing fee of $1,685 and processing time of 30 days. It's important to note that H4 EAD does not fall within these eligible categories. The category for H4 EAD (Employment Authorization Document) is (C)(26) on the I-765 form. However, you can still get H4 EAD within 15 days if your employer properly files an H1B extension/transfer (I-129) with premium processing along with an H4 visa application and H4 EAD, all bundled together as per the Edakunni Settlement explained earlier. You need to file the H1B extension/or transfer, H4 (COS), and H4 EAD concurrently with H1B (I-129) premium processing in the same package at the same time, in the same location, and generally, all three requests (H1B, H4, and H4 EAD) should be approved within 15 days if there is no RFE, and usually, H4 EAD is dispatched within 10 days. The fee for Form I-129 premium processing is $2,805 . Related: Indian passport renewal in the USA H4 EAD Eligibility It is important to note that not all H4 visa holders are eligible for an H4 EAD. To be eligible for H4 EAD, the H-4 visa holder's spouse must have a valid H1B status and either: Have an approved Form I-140, Immigrant Petition for Alien Worker, or They are in the sixth year of their H1B status and have a pending Form I-140. Read more . The H4 visa is a non-immigrant visa that allows spouses and dependent children (under 21) of H1B visa holders to enter and stay in the United States. Related: H1B options after layoffs While H4 visa holders are not allowed to work in the US directly, they can apply for work authorization through the H4 EAD application under (c)(26) category. It's important to note that you cannot apply for H4 EAD from outside the US. You must be physically present in the US to submit the H4 EAD application. H1, H4 and H4 EAD Concurrent Filing Note that you can not file an H1B petition yourself so the following steps apply only when your (H1B) employer is willing to file an H1B extension/amendment/transfer (I-129), H4 visa (COS, I-539), and H4 EAD (I-765) together. On January 25, 2023, U.S. Citizenship and Immigration Services (USCIS) resumed the practice of adjudicating Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization) for H-4 and L-2 derivatives in conjunction with the underlying I-129 for the principal applicant, allowing for concurrent filings. The initial step involves preparing the I-129 application for the primary H1B visa holder, whether it's a renewal, amendment, or transfer. If the H-1B visa holder's dependents are also seeking H-4 visas, their change of status applications (I-539) should be filed concurrently with the primary H1B application (applying within the US). If dependents are coming from India, it would be a DS-160 form, not a change of status. Additionally, the Form I-765, Application for Employment Authorization, should be submitted together with the H-4 visa application. This form is used to apply for an H-4 EAD. Ensure that you include the required filing fees and other supporting documentation, such as a copy of their passport, I-94, and marriage certificate, which are similar to the documents needed when applying for H4 EAD for the first time . USCIS will process both the H-1B (I-129) and H-4 visa (I-539) applications simultaneously. If the H-4 change of status is approved without any RFEs, USCIS will then proceed to process the H-4 EAD (I-765) application. Upon approval of the H-4 EAD application, USCIS will issue an Employment Authorization Document (EAD) to the H-4 visa holder. The H-4 EAD is typically valid for the same duration as the H-4 visa. For faster processing, consider requesting premium processing for I-129 to speed up the overall process. Related: B1/B2 visa for parents' H4 EAD Expedite Request An H4 EAD expedited request is a formal appeal submitted to the U.S. Citizenship and Immigration Services (USCIS) to accelerate the processing of an H4 Employment Authorization Document (EAD) application. There are no fees for this request. You can read about how to expedite the H4 EAD application in detail here. The expedited request is different from USCIS premium processing for which you pay an upfront fee. Expedite requests are typically made in cases of urgent humanitarian circumstances or severe financial loss to the applicant or their employer. You can read about the reasons to expedite here. The expedited request must be supported by strong evidence and documentation, clearly proving the urgency and necessity for an expedited request. You can find the expedited request sample letters here. USCIS evaluates each request on a case-by-case basis and may approve the expedited request if the provided evidence meets the criteria for expedited processing. However, it is essential to note that expediting the H4 EAD application is not guaranteed, and USCIS has the sole discretion to approve or deny the request based on the merits of each case. Change of Status to H4 Processing Time (with EAD) The above processing time specifically applies if you are applying for a change of status to H4 with I-765 (which is used to file EAD) within the United States. Currently, the following date ranges are mostly being processed. Change of Status to H4 Processing Time (without EAD) The above processing time specifically applies if you are applying only for a change of status to H-4, without including the I-765 application for EAD. Currently, the following date ranges are mostly being processed. H4 Visa Processing Time (DS-160) If you are applying for an H4 visa for your dependent's first time entering the US, then similar to a B2 tourist visa , you will need to fill out the DS-160 form. The good news is that the interview wait time for an H4 visa interview is much shorter than that for a B2 tourist visa. H4 visa processing time for applications based on DS-160 (first visit to the US) can range from 2 to 6 weeks depending upon how quickly you get the appointment. Below are the appointment wait times for the H visa type in various cities in India: FAQs on H4 EAD Concurrent Filing Processing Time How does Edakunni Settlement affect H4 and EAD premium processing? The Edakunni Settlement means that if you applied for H4 (COS, I-539) and H4 EAD (I-765) along with the primary H-1B application (I-129), USCIS will review them together. But if you filed H4 and H4 EAD separately or after the H-1B, this rule doesn't apply. It's a good idea to submit all the applications together under I-129 premium processing to get the benefit of this rule. Can I work for any employer without a sponsorship requirement or start a business with my H4 EAD? With an H-4 EAD, you have the freedom to work for any employer in the US in a job that's legally allowed. Starting a business with H4 & H4 EAD is possible. However, it won't change your status. You're subject to H-4 restrictions, including not working without H-4 EAD. Do H4 and H4 EAD get approved together? No. First USCIS adjudicates the H4 application, once the H4 application is approved H4 EAD will be processed. While they are related, approval of the first does not guarantee approval of the other. Can I apply for H4 and EAD at the same time? Yes, you can file H4 and EAD simultaneously if you are converting from another visa to an H4 visa within the US via a change of status (I-539). No, you cannot apply together if you are applying from outside the US. You have to get an H4 visa first and be physically present in the US to apply for H4 EAD. Can you apply for H4 and EAD together? No if applying outside the US, and yes if applying within the US. How much is the H4 processing time with the H1B premium under the Edakunni Settlement? Processing time is 15 days, with a fee of $2,805, which is used for I-129 premium processing. What is the average H4 visa processing time? The H4 visa processing time for applications based on DS-160 (for the first entry into the US) can vary from 2 to 6 weeks . However, if you are applying for a change of status (Form I-539) within the US, it is taking 3.5 to 8 months for 80% of cases, as of Sept 2024. You can more precisely check the USCIS case processing time here. Alternatively, if you opt for concurrent filing with an H1B petition under premium processing, the H4 processing time will be significantly reduced (Edakunni Settlement). Is it possible to do an H4 extension with H1B premium processing? Yes. You can file an H4 extension with the primary H1B application under premium processing. Is H4 change of status premium processing available? No, you can not apply for a change of status (Form I-539) to H4 using premium processing. Is there H4 EAD premium processing? No, there is no H4 EAD premium processing but you can submit an expedited request for H4 EAD . The EAD premium processing option is only available for F1 visa categories. Can H4 EAD be filed online? No, the c(26) category which is used for filing H4 EAD is not eligible for submitting the I-765 form online for the Employment Authorization Document (EAD) application. What is the current H4 to EAD processing time? As processing time keeps changing it's recommended to check USCIS case processing time here, you can also read about H4 COS and EAD concurrent filing in detail here. Can the H1B amendment used for H1B, H4, and EAD concurrent filing? Yes, an H-1B amendment can be used for concurrent filing of H-1B, H-4, and Employment Authorization Document (EAD) applications. I don't have a pending H1B extension or transfer. What should I do in that case? If there are significant changes in your employment details, such as a promotion, change in role, or change in duties, you can apply for an H1B amendment, which will update the LCA and Form I-129. Along with the H1B amendment, you can file H4 and EAD requests as well as a bundle. Next: How to Apply for H4 EAD Related Posts ✔ How to apply for passport renewal for parents ✔ How to apply for a minor's passport ✔ Change of status from H1B to B1/B2 visa Related Topics
- EB1 India Priority Date Predictions: FAD May Reach June 15, 2022 by October/November Visa Bulletin
If you’ve been following the EB1 India priority dates, you already know the frustration — there hasn’t been any real movement for almost a year now. The last big shift we saw was in the October 2024 Visa Bulletin , when the Dates for Filing moved to Apr 15, 2022, and the Final Action Date advanced to Feb 1, 2022. A few months later, the Final Action Date nudged forward to February 15, 2022, and that was it — no further movement since. Before that, the last time EB1 India was current was way back in the December 2022 Visa Bulletin due to COVID spillover. Yes, it’s been a long wait — but the upcoming new fiscal year starting Oct 1, 2025, could finally bring some positive changes. Why? It’s simple: a new fiscal year means a fresh allocation of visas for each country, and India should get its share. If you look closely, the last big movement happened in October 2024 , right at the start of the last fiscal year. Below is a quick look at the current EB1 India priority dates, so we can better understand what might happen in the October and November Visa Bulletins. Why EB1 India FAD and DOF Differ So Much? If you’ve been tracking the EB1 India priority dates, you’ve probably noticed a big gap between the Dates for Filing (DOF) and the Final Action Dates (FAD). But what exactly do these terms mean, and why does USCIS keep them so far apart? I’ll explain why understanding this is important, so keep reading. Here’s the simple breakdown: DOF (Dates for Filing) – This tells you when you can submit your paperwork (like I-485 for adjustment of status or DS-260 for consular processing) even if a green card isn’t immediately available. FAD (Final Action Date) – This is when a visa number (green card) is actually available and USCIS or NVC can approve your green card. Every month, USCIS decides whether to follow DOF or FAD for adjustment of status applications. This guidance is published in the Visa Bulletin, and it helps manage the flow of applications so the system doesn’t get overwhelmed. You can also find which dates to use on our Green Card Calculator . For high-demand countries like India, where there are often thousands of EB1 applications each month, USCIS uses FAD as a control mechanism. Think of it like a traffic light — instead of letting everyone apply at once, they let people in gradually. This way: Workloads are more manageable for USCIS and NVC. Applicants aren’t left in a bigger backlog after filing. Visa usage is paced evenly throughout the fiscal year. For example, if there are 2,000 applications between the DOF and FAD range, USCIS won’t let all 2,000 applicants file their I-485s at once. By keeping the FAD date behind, they can control the pipeline and prevent chaos in processing. This is why you’ll often see the DOF ahead of the FAD — it’s not random. It’s a deliberate way to balance demand with processing capacity. Why This Matters Before Looking at Predictions You might be thinking — “ Why are we even talking about this? Can’t we just jump to the EB1 India priority date predictions? ” Well, here’s why. Right now, there’s roughly a two-month gap between the DOF and the FAD for EB1 India. That gap isn’t just a number — it represents a huge pool of pending applications. For India alone, there are an estimated 1,523 EB1 applications stuck between these two dates. Now, consider this: the annual EB1 quota for India is around 3,010 visas per fiscal year. That means nearly half of the yearly (new year) allocation is already in line before we even talk about new filings or any movement in the upcoming Visa Bulletins. This gap plays a critical role in how much movement we can realistically expect in the October and November 2025 Visa Bulletins — and it’s one of the key factors we’ll consider as we dive into the EB1 India predictions next. EB1 India Pending Applications To really understand where we stand today, it’s important to look back at the pending EB1 India applications filed in 2022. These numbers matter because they directly influence priority date movements in the Visa Bulletin — the more pending cases there are ahead of you, the slower the movement will be. Here’s the month-by-month breakdown of EB1 India filings in 2022 as of May 5, 2025 publication: Month (Year 2022) EB1 Applications February 330 March 989 April 738 May 872 June 761 July 829 August 987 September 1,049 October 1,074 November 933 December 2,305 Source: USCIS Immigration and Citizenship Data Looking at the data from 2022, it’s clear that EB1 India applications have been steadily high throughout the year, with most months seeing 700–1,000 filings and a massive spike in December of over 2,300 applications. This consistent demand, combined with the backlog created in the last few months of the year, is a major reason why EB1 India priority dates have barely moved . Understanding these monthly application trends gives us a clearer picture of how and why the upcoming Visa Bulletins might behave, and what applicants can realistically expect in the new fiscal year starting October 2025. How Much EB1 India Can Expect? With the new fiscal year starting October 1, 2025, many applicants are asking: “ How many EB1 visas will India actually get? ” Here’s a breakdown based on last year’s numbers. Total employment-based quota for last fiscal year: 150,037 visas EB1 allocation (28.6% of total EB quota): ~43,000 visas for all countries combined Per-country limit (7% of EB1): ~3,010 visas for India So, India can expect around 3,010 EB1 visas in the fiscal year starting October 2025. EB1 India Movement Prediction ~ June 15, 2022 Based on the current data, I’m expecting India’s EB1 priority date (Final Action Date) to move to around June 15, 2022. The Dates for Filing are likely to follow a bit later, around July 30, 2025. This movement is expected to show up in the October or November Visa Bulletins this year. How Did We Come Up With This Prediction? Let’s break it down. The current backlog of EB1 India applications (2022 filings) is: Feb, 2022: 330 applications Mar, 2022: 989 applications Apr, 2022: 738 applications Assuming half of February and April applications are already considered based on the current Final Action Date and Dates for Filing, that leaves: Feb, 2022: 165 pending Mar, 2022: 989 pending Apr, 2022: 369 pending Total: 1,523 This totals 1,523 pending applications that need to catch up with the Date of Filing of April 15, 2022. With a country quota of ~3,010 EB1 visas for India, there are still roughly 1,487 visas remaining ( 3,010 minus 1,523 ) for new applicants in the upcoming fiscal year starting Oct, 2025. Estimating the Priority Date Movement Now, let’s see how far this remaining quota can go: Remaining April applications: ~369 (half the month) May applications: 872 Half of June applications: ~381 Adding these up gives 1,622 applications , which covers the backlog up to June 15, 2022 for the Final Action Date. At this point, the new fiscal year quota is nearly consumed, which means further priority date movement will likely be very limited in the following months. This analysis excludes any spillovers from other categories or EB2 to EB1 porting, which could significantly change the movement. For longer-term planning or bigger timeframes, consider using the Green Card Calculator for more comprehensive projections. EB1 India Best Case Prediction ~ Aug 6, 2022 After publishing the blog, I realized there’s a minor possibility that could slightly change the calculation. In my previous analysis, I subtracted the pending applications between Feb 15 and Apr 15 — based on the current Final Action Date and Date of Filing as of the Sept 2025 Visa Bulletin . However, what if those numbers (up until Apr 15, 2022) were already counted in the previous year’s allocation, and it’s simply that USCIS is still processing them? I'm not sure on this. But if that’s the case, then we wouldn’t need to subtract the 1,523 cases from that DOF-FAD gap. For the best-case scenario , we could then count 3,010 visas starting from April 15 onward . Here’s how the pending cases line up: Apr 2022 (half month): 369 pending May 2022: 872 pending Jun 2022: 761 pending Jul 2022: 829 pending Aug 2022: 987 pending Total: 3,818 Totaling 3,818 cases from mid-April to end of August. With 3,010 visas available, this would take the dates forward to somewhere in first week-August 2022 — about Aug 6, 2022 . This could mean a slightly better movement than originally projected, assuming USCIS counts up to mid-April in the previous cycle. Again, this is just an updated thought experiment, but it’s worth considering in your own projections. Final Thoughts Based on the detailed calculations in this blog, India’s EB1 Final Action Date is projected to move to around June 15, 2022 in the new fiscal year or the upcoming October/November Visa Bulletin. In a best-case scenario—where visas up to April 15, 2022 were already counted in the previous year’s allocation—the movement could even reach August 6, 2022 . I hope you found this blog helpful! Please note that this is just my point of view and should not be considered legal advice. For any official guidance, it’s best to consult an authorized immigration attorney. That said, feel free to leave a comment—your insights or questions might help others navigate these EB1 India priority date predictions. Related Topics
- In 2025, Why Is India's EB1 Green Card Priority Date Not Moving?
If you apply for a green card today, in 2025 , under the EB1 category and you’re India-born—brace yourself—it might take you another 10+ years to receive your green card. Yes, you read that right. Ten. You can also calculate these predictions using the green card calculator . At the current pace, the EB1 India priority date is crawling, and that’s the unfortunate reality many are facing. The following table shows the current priority date for EB1 India. But how did we get here? And why does it feel like time stands still when you see the above visa bulletin for EB1 India every month? Let’s break it all down and look at the reasons behind the painfully slow movement—and maybe, just maybe, give you a bit of hope at the end. The Last Time EB1 India Was “Current” Let’s rewind for a second. The last time EB1 India became current was during the pandemic, from April 2021 to December 2022. To be specific, you saw the magical letter “C” in the Dec 2022 Visa Bulletin —meaning “Current”. Yep, that brief window of hope wasn’t a fluke. It was thanks to something called spillovers from the family-based green card categories. These green card spillovers boosted the numbers for employment-based categories like EB1, and for a short while, the EB1 India priority date actually moved forward—fast. Basically, during COVID, U.S. embassies around the world were either closed or operating at a snail’s pace. That meant very few family-based green cards were issued, and under immigration law, those unused numbers didn’t go to waste—they spilled over into the employment-based categories, including EB1 India. India, which usually fights tooth and nail for its fair share due to per-country caps, suddenly saw an unexpected Diwali bonus of extra EB1 green cards. And just like that, EB1 India priority date became current… for a while. So, What Are These “Spillovers”? In simple terms, when family-based green card numbers go unused in a fiscal year, they “spill over” to employment-based categories. It’s a legal provision designed to ensure that no green card is left behind. Now here’s the fun part—when these spillovers happen, they don’t follow the per-country limits that usually choke India’s progress. That’s why spillovers are like Diwali bonuses for Indian green card applicants—rare but powerful. And when they do happen, they can dramatically improve EB1 India predictions , just like they did during the COVID years. How Many EB1 Green Cards Can India Get? Okay, let’s get a little technical, but stick with me. Every year, there are roughly 140,000 employment-based green cards up for grabs across all categories (EB1, EB2, EB3, etc.). Now, by default, each country is capped at 7% of that total. That’s about 9,800 green cards per country, across all EB categories. But EB1 gets about 28.6% of the total employment-based pool. So: 28.6% of 140,000 = around 40,000 EB1 green cards globally. Now apply the 7% country cap: India can get around 2,800 EB1 green cards per year , unless there's a spillover. Yep. Just 2,800. That’s the country cap dragging down the EB1 India priority date every year. 11,000+ EB1 Applicants Waiting… As of writing this, May 2025, there are approximately 11,105 EB1 applications for India pending through the end of 2023 (not 2025). That’s not a small number. If you divide those 11,000+ applicants by the ~2,800 green cards India gets annually under EB1, you’re already looking at nearly 4 years of wait time —just to clear the 2023 backlog. Now, consider this: you’re filing in 2025. How many more applications were submitted in 2024 and early 2025? Easily over a thousand EB1 India applications per month. On top of that, you’ll need to add the I-485 processing time, which kicks in after your EB1 India priority date becomes current. That adds about another year. (You can check the current I-485 processing time using the Processing Time Calculator ). And let’s be honest—new applications don’t stop. They keep pouring in. So realistically, the wait stretches much longer than it appears on paper. That’s exactly why EB1 India predictions 2025 are looking pretty grim for new applicants. What’s in That 11,000+ Number? That number mostly represents pending I-485 applications —also known as the Adjustment of Status. This is the second stage in the green card process when you’re already in the U.S. and applying to “adjust” from a temporary visa (like an H-1B) to permanent residency. Here’s the tricky part: most people file the I-485 when their EB1 India priority date is current or just about to become current. So this number doesn’t even include those who are eligible but haven’t filed yet. In other words, the 11,000 is more like a lower limit, not the upper one. You can safely assume that this backlog will grow as more applications get filed over time. The EB2 to EB1 “Porting” Trend In 2025 Now let’s talk about a trend that’s quietly fueling the slowdown— porting from EB2 to EB1 India . As EB2 wait times became borderline impossible (we’re talking decades), more and more applicants began shifting gears and porting to EB1 India . And honestly, why not? EB1 generally moves faster, has better priority date movement, and skips the labor certification process altogether. So, what did people do? They leveled up. Many started building EB1-eligible profiles—publishing research, taking on managerial roles, contributing to national interest work—you name it. It turned into a full-blown strategy to escape the EB2 backlog and jump into EB1 India. Here’s the kicker: most of these folks had already filed EB2 years ago, so their priority dates are much older —some as far back as 2012–2014. Now that they qualify for EB1, they're porting over with those old dates and getting ahead in line. But if you’re applying for EB1 India in 2025 , it’s a different story. There are already over 32,000 EB2 applicants with priority dates up to December 2014 (I'm not even talking about 2025). Imagine how many more will port in the coming years—and then ask yourself: when will I even get a chance? Lawyers Are Getting Smarter (and Craftier) Immigration lawyers have stepped up their game. Many law firms now specialize in pushing borderline EB2/EB3 profiles into EB1 territory . They craft massive 100-page petitions filled with citations, recommendation letters, and polished narratives that make even a solid-but-not-spectacular profile sound like it's Nobel Prize material. And guess what? It works. A skilled attorney with the right strategy can absolutely land an EB1 India approval . But this also means even more EB1 green card applications for India, which only adds fuel to an already slow-moving queue. If you look at some law firms’ success rates, they’re easily over 80% . How? Their process has matured so much over time that EB1 India looks almost like a piece of cake. Even if you’re not a formal “manager,” they can present your role as a team lead guiding others—voilà, you fit the criteria. And it gets better (or worse, depending on how you see it): many lawyers offer free EB1 profile evaluations . They’ll tell you what’s missing, guide you to beef up your credentials, and boom—you’ve got your EB1 India petition approved using your older EB2 priority date . India’s EB2 Is Unrealistic, and EB1 Is Getting Crowded in 2025 With EB2 India looking more like a lifetime subscription than an actual waitlist, EB1 India started to seem like the only practical option. Let’s be real—if you’re applying under EB2 today, you might get your green card in the afterlife . But as more people started moving over, EB1 India predictions for 2025 began to look eerily similar to EB2—long lines, retrogression, and a whole lot of frustration. Ten-plus years of waiting in EB1? Seriously? Basically, the traffic just switched lanes. But the jam? Oh, it’s still very real. A Bit of Hope: The Power of Spillovers Now, finally, some good news. The only real way this gridlock breaks is through visa spillovers, just like we saw during COVID. In FY 2022 (Oct 1, 2021 – Sept 30, 2022), the employment-based green card limit was a whopping 281,507 —more than double the typical 140,000. Why? Because unused family-sponsored visa numbers from FY 2021 were rolled into the employment-based quota. That COVID-era spillover gave EB categories, especially EB1 India , a massive boost. Here’s how the last few years looked: FY 2025: Yet to be announced (if it’s just 140,000… brace yourself) FY 2024: 160,791 FY 2023: 197,091 FY 2022: 281,507 If family-based green cards go unused again—maybe due to slow consular processing—those unused numbers could roll into employment-based categories again and bring some much-needed speed to EB1 India priority date movement. It’s not guaranteed, of course. But it has worked before—and it can work again. If you’re watching EB1 India predictions 2025 , keep an eye on this variable. It could shift the timeline in your favor. Final Thoughts: Things Can Change, Stay Updated This situation isn’t set in stone. These numbers, wait times, and backlogs can shift based on policy, global events, and USCIS efficiency. If you want a better idea of how long your green card might take, check out our Green Card Calculator . It gives you realistic wait time predictions based on your case details, including updated EB1 India predictions. And if you’re curious how others like you are doing, our Cases Like Yours tool lets you explore timelines from people in similar situations—real cases, real timelines. EB1 India is slow, no doubt. But with the right strategy, some patience, and maybe a little luck with spillovers, there’s still a path forward. Hang in there. Next: Priority Date Calculator Related Posts ✔ How to expedite H4 EAD? ✔ How to apply for a minor's passport? ✔ N-600 processing time for naturalization Related Topics