How Indians Can Get a US Green Card Without Leaving the US

By Nicholas A. Mastroianni III, President and CMO, U.S. Immigration Fund

This analysis first appeared in Financial Express: https://www.financialexpress.com/immigration/how-indians-can-get-a-green-card-without-leaving-the-us-explained/4216218/

Indians already in the U.S. on a valid work or student visa can apply for a green card through a process called adjustment of status. They file Form I-485 with USCIS without leaving the country. Whether they can file the I-485 at the same time as their underlying petition, or must wait, depends on their visa category and where their priority date sits on the monthly Visa Bulletin. For Indian professionals, EB-5 in the Reserved categories is currently the only employment-based path where India is listed as “Current,” which means no priority date wait.

Nicholas A. Mastroianni III, President and CMO of U.S. Immigration Fund, contributed this analysis of the May 2026 Visa Bulletin. A version of this commentary was published in Financial Express.

What the May 2026 Visa Bulletin says for Indian applicants

The May 2026 Visa Bulletin, published by the U.S. State Department, sets the cut-off dates the government uses to determine who can move forward with their green card each month.

Source: U.S. State Department, May 2026 Visa Bulletin.

Section E of the May 2026 bulletin contains a warning specific to Indian applicants. The State Department has stated that demand from India in EB-5 Unreserved may require retrogressing the final action date or making the category unavailable within fiscal year 2026. The warning applies only to Unreserved. It does not extend to the Reserved categories.

How Indians in the U.S. can apply for a green card

Indians on a valid U.S. visa can apply for a green card without leaving the country through adjustment of status. The applicant files Form I-485 with U.S. Citizenship and Immigration Services.

Adjustment of status is not a standalone application. It rides on an underlying petition, which differs by category:

1. Family-sponsored green card. A family member files a petition.
2. Employment-sponsored green card (EB-1, EB-2, EB-3). An employer files an immigrant petition, generally after obtaining labor certification.
3. Investment-based green card (EB-5). The investor files an I-526E petition based on a qualifying investment of $800,000 in a targeted employment area.

Whether the I-485 can be filed at the same time as the underlying petition depends on two things. First, whether the applicant’s priority date is current under the chart USCIS has designated for that month. Second, the visa category itself. USCIS publishes its monthly chart designation at uscis.gov/visabulletininfo.

For Indian applicants, EB-5 is currently the only category where Reserved is Current, which means an Indian investor in the U.S. on a valid visa can file the I-526E and I-485 together today.

How the process differs for H-1B holders compared to EB-1 and EB-2

H-1B holders
H-1B holders typically pursue a green card through employer sponsorship in EB-2 or EB-3. The process runs in three stages:

1. The employer files a PERM labor certification with the Department of Labor. This establishes the priority date.
2. After PERM is certified, the employer files the immigrant petition (Form I-140) with USCIS.
3. Once the priority date becomes current, the H-1B holder files the I-485.

For Indian H-1B holders, the binding constraint is the waiting list. EB-2 India is at July 15, 2014. EB-3 India is at November 15, 2013.

EB-1 applicants
EB-1 applicants follow a different route. EB-1 covers individuals of extraordinary ability, multinational executives and managers, and outstanding researchers or professors. Depending on the sub-category, the applicant may self-petition or be sponsored by an employer. EB-1 does not require labor certification. For Indian applicants, EB-1 India sits at April 1, 2023.

EB-2 applicants
EB-2 applicants are generally sponsored by an employer for a role requiring an advanced degree. Alternatively, EB-2 applicants may self-petition under the National Interest Waiver if they can demonstrate their work is in the U.S. national interest. Employer-sponsored EB-2 requires PERM. National Interest Waiver does not.

EB-5 applicants
EB-5 applicants do not need employer sponsorship, labor certification, or extraordinary credentials. The applicant qualifies based on their own $800,000 investment in a U.S. enterprise that creates at least 10 jobs.

Current waiting times for Indian green card applicants

Source: May 2026 Visa Bulletin, U.S. Department of State.

Actual processing timelines for EB-2 and EB-3 India can be longer than the surface gap because the Visa Bulletin does not always advance one calendar day for each calendar day that passes.

Is EB-5 a more viable pathway for Indians?

For Indian applicants, the May 2026 Visa Bulletin makes the numbers clear. EB-5 Reserved is the only employment-based category where India is Current. EB-1 India sits at a three-year gap. EB-2 India at over 11 years. EB-3 India at over 12 years. EB-5 Unreserved sits at four years, with a flagged risk of retrogression.

Viability is not only about wait times. Each category fits a different applicant profile:

• EB-1 works for applicants with extraordinary credentials or multinational executive roles.
• EB-2 and EB-3 work for applicants whose employers are willing to sponsor them through a multi-year process.
• EB-5 works for applicants who can invest $800,000 in a U.S. enterprise that creates at least 10 jobs, and who are willing to put that capital at risk in exchange for the green card.

Any prospective EB-5 investor should approach the decision as an immigration decision first. The investment is at risk by statute. The primary purpose of the program is to obtain a U.S. green card, not to generate investment returns.

Why the September 30, 2026 deadline matters for EB-5

The Reform and Integrity Act of 2022 governs the EB-5 Regional Center Program. Under the Act:

• Petitions filed on or before September 30, 2026 are governed by today’s rules, including the current $800,000 minimum investment.
• The Act requires USCIS to adjust the minimum investment amount for inflation beginning January 2027.
• The Regional Center Program sunsets September 30, 2027.

The program has received extensions in every prior cycle since it was first created in 1992.

Frequently asked questions

Can Indians in the U.S. on an H-1B apply for a green card without leaving?
Yes. H-1B holders can apply for adjustment of status by filing Form I-485 with USCIS while remaining in the U.S. The timing depends on their priority date and the applicable Visa Bulletin chart.

Is EB-5 faster than EB-2 for Indian applicants?
In May 2026, yes. EB-5 Reserved is Current for India, meaning no priority date wait. EB-2 India is at July 15, 2014, representing a wait of over 11 years for new applicants.

What is the EB-5 minimum investment amount?
$800,000 in a targeted employment area. The Reform and Integrity Act requires USCIS to adjust this amount for inflation beginning January 2027.

What is the September 30, 2026 EB-5 deadline?
It is the grandfathering cut-off under the Reform and Integrity Act of 2022. EB-5 petitions filed on or before September 30, 2026 remain governed by today’s program rules, including today’s $800,000 investment amount.

What does “Current” mean on the Visa Bulletin?
“Current” (shown as “C” on the bulletin) means there is no backlog for that category. Applicants with any priority date can move forward with their green card.

Which EB-5 categories are currently backlogged for India?
Only EB-5 Unreserved, at a Final Action Date of May 1, 2022. The Reserved categories (Rural, High Unemployment Area, Infrastructure) remain Current for India in the May 2026 bulletin.

This analysis first appeared in Financial Express: https://www.financialexpress.com/immigration/how-indians-can-get-a-green-card-without-leaving-the-us-explained/4216218/

Nicholas A. Mastroianni III is President and CMO of U.S. Immigration Fund. USIF has served over 6,000 EB-5 investors and their families since 2010.