H-1B Visa Program representative image / (Photo: iStock)

The U.S. Department of State (DOS) publishes current immigrant visa availability information on its Visa Bulletin. The Visa Bulletin shows when immigrant visas are available for issuance to prospective immigrants based on their individual priority dates. Every month, the DOS publishes two charts per visa preference category on its Visa Bulletin. The charts are based on the Application Final Dates and Dates for Filing Applications. 

The Final Action Dates chart illustrates the dates when visas may finally be issued, and the Dates for Filing Applications demonstrate the earliest dates when applicants may be able to apply.  

For December 2025, USCIS has decided to continue to use the Dates for Filing for Employment-Based Adjustment of Status Applications.  Moreover, USCIS has decided to continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications table.  A key development is that U.S. Congress has renewed the EB-4 program for certain religious workers through January 29, 2026.  

Finally, while the December 2025 visa bulletin show some movement of dates for individuals across the globe, this article will specifically focus on the dates that impact Indian nationals.

Family-Sponsored Preference Cases Specific for Indian Nationals / USCIS

• Family-based First Preference Category (F-1 – Unmarried Sons and Daughters of U.S. Citizens): India’s visa cut-off date stayed on November 8, 2016.

• Family-based Second Preference Category (F2A – Spouses and Children of Permanent Residents): India’s visa cut-off date stayed on February 1, 2024.
• Family-based Second Preference Category (F2B – Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: India’s visa cut-off date remains on December 1, 2016.

• Family-based Third Preference Category (F3 – Married Sons and Daughters of U.S. Citizens): India’s visa cut-off also stayed on September 8, 2011.  

• Family-based Fourth Preference Category (F4 – Brothers and Sisters of Adult U.S. Citizens): India’s visa cut-off date remains on November 1, 2006.  

Employment-Sponsored Preference Cases Specific for Indian Nationals / USCIS

• Employment-based First (Priority Workers): There is some movement in the EB-1 cutoff dates for December 2025.  For India, the visa availability date advanced to March 15, 2022.    

• Employment-based Second (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability): The visa availability date for EB-2 for India moved ahead to May 15, 2013.  It is hard to say whether there will be any further movements in this visa category in the coming months, especially as demand for this visa continues to exceed quota limits.  This certainly is a category that needs further monitoring.

• Employment-based Third (Skilled Workers, Professionals): EB-3 India’s visa availability date also advanced to September 22, 2013.
• Employment-based Fourth (Certain Special Immigrants): This preference category also moved ahead to September 1, 2020.   

• Certain Religious Workers: As soon as U.S. Congress extended this program through January 29, 2026, visas became immediately available starting in November 2025.  As a result, the cut off date for this category is on September 1, 2020.  Because of the relatively short extension period, this category requires continuous monitoring as well.     

• Employment-based Fifth (Employment Creation – which is the EB-5 immigrant investor visa category): The EB-5 date under the unreserved category (which includes the set aside categories of rural, high unemployment, and infrastructure), advanced ahead to July 1, 2021.  It will be interesting to see whether this date will move further in the coming months.

With the first few months of the new Fiscal Year 2026, the U.S. Department of State’s primary goal continues to try its best to keep the various employment-based visa numbers in steady movement and to not have the visa numbers be used up too quickly.  Importantly, the EB-4 certain religious worker visa category is available again.  

Due to the rather fluid nature of visa allotments in the beginning part of the fiscal year, it will be important to keep track of how USCIS decides to either use Dates of Filing or Final Action Dates table in the upcoming few months.

 

Clement C. Chang Esq is a Senior Associate at Pasricha & Patel, LLC. He has spent several years providing exceptional legal services in employment-based immigration, labor certification, family-based immigration, and immigrant and nonimmigrant visa petitions.  Visit Pasricha & Patel, LLC’s website here: www.pasricha.com