In the last few years we have usually seen full recovery of the EB-1 India Final Action Dates, in October when a new Fiscal year starts. It was anticipated that EB-1 India Final Action visa dates would at least move to February 2017 from October 1, 2019 – this was based on information from the State Department. It was expected that unused numbers from EB-4 and EB-5 categories would be available for EB-1 India – that has not happened. The Final Action Date for EB-1 India remains at January 01, 2015 in the October Visa Bulletin.

As per Charlie Oppenheim of the State Department, EB-1 India will be subject to their minimum statutory limits of (approximately) 2,803 visa numbers for at least the first half of fiscal year (FY) 2020. So, what does this mean? For planning purposes, we should not expect EB-1 India to become current at any time in the foreseeable future. Charlie further predicts that there will not be any movement for EB-1 India until January 2020 at the earliest as there are currently approximately 16,000 EB-1 India applicants that were interviewed, adjudicated, and are simply waiting for a visa to become available. Potential upgrades from EB-2 India could make EB-1 India backlogs worse. EB-1 India is therefore expected to remain severely backlogged for years, but it is too early to predict what the date movement may be in the coming years

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