US EB-1A Green Card Approvals for Indian Applicants Plunge to 35% Amid Heightened Scrutiny

Approval rates for the EB-1A green card, the United States immigrant visa classification reserved for individuals with extraordinary ability, have fallen sharply for Indian applicants during the first half of fiscal year 2026. The downturn marks a significant hurdle for Indian technology professionals seeking an accelerated route to permanent residency amid an increasingly rigorous immigration environment under the Donald Trump administration.

What Happened

According to data compiled by immigration platform Boundless Immigration from U.S. Citizenship and Immigration Services (USCIS) figures, the approval rate for Indian EB-1A applicants dropped to 35% across the first two quarters of FY26, down from 49.1% across the full fiscal year 2025.

In FY25, Indian nationals filed 14,250 petitions under the EB-1A category, resulting in 6,993 approvals and 1,474 rejections. During the first two quarters of FY26, Indian applicants submitted 7,316 petitions, with USCIS issuing 2,571 approvals and 1,131 denials. Xiao Wang, co-founder and chief executive officer of Boundless Immigration, stated that the reduction has been most pronounced among technology professionals from India, followed by applicants from China, the two groups representing the highest overall volume of EB-1A filings.

Key Highlights

• The EB-1A approval rate for Indian applicants fell from 49.1% in FY25 to 35% in the first half of FY26.
• Indian professionals filed 7,316 petitions in the first two quarters of FY26, recording 2,571 approvals and 1,131 denials.
• The EB-1A route provides an estimated processing horizon of 3 to 4 years, contrasting with backlogs of approximately 15 years under the EB-2 category.
• Immigration attorneys note the drop stems from an executive policy shift and stricter criteria interpretation rather than legislative amendments or applicant quality.
• Applicants are increasingly considering routes such as the EB-1(C), the investor-based EB-5 visa, or international programs in Canada and the United Kingdom.

Why This Matters

While the EB-2 category remains the standard pathway for H-1B visa holders, the EB-1A classification has served as a faster alternative for highly skilled professionals. EB-1A processing generally spans 3 to 4 years, whereas Indian nationals in the EB-2 queue face wait times of nearly 15 years. To qualify for EB-1A status, applicants must demonstrate extraordinary ability by satisfying at least three of 10 criteria outlined by USCIS.

Immigration attorneys point out that the rising rejection numbers do not stem from statutory revisions or reduced applicant credentials. Joel Yanovich, Senior Attorney at Ganey Law Group, noted that the primary driver is an executive policy posture demanding an exceptionally high threshold from adjudicators. Immigration attorney Rajiv Khanna highlighted that the government has intensified the adjudication process, despite at least one court finding the methodology employed to be improper.

Wang observed that while applicants in early 2025 could reasonably expect approval by meeting evidence standards across three of the 10 categories, adjudicators now treat two specific criteria—performing in a leading or critical role for distinguished organisations, and commanding a high salary relative to field peers—as baseline prerequisites that must be strongly substantiated alongside another high-quality criterion.

What to Watch Next

With narrow pathways remaining in the backlogged EB-2 and EB-3 categories, Indian professionals are adapting through alternative strategies. Legal practitioners report that some individuals are transferring to overseas offices of multinational employers for one year in managerial or executive capacities to become eligible for the EB-1(C) category. Others with sufficient financial means are turning toward the EB-5 immigrant investor route, which has witnessed a surge in interest from Indian nationals.

Additionally, Boundless Immigration reported an increase in inquiries from individuals evaluating relocation to other destinations. Notable alternatives under consideration include Canada’s Global Talent Stream, the United Kingdom’s Global Talent visa, or returning to India.

Frequently Asked Questions

What is the EB-1A green card category?

The EB-1A is an employment-based U.S. immigrant visa category designed for individuals who possess extraordinary ability in their field. Applicants must meet at least three out of 10 criteria established by USCIS.

Why do Indian tech professionals prefer EB-1A over EB-2?

The EB-1A pathway generally takes about 3 to 4 years to complete, whereas the EB-2 category faces backlogs resulting in waiting periods of nearly 15 years for Indian nationals.

Did the U.S. Congress change the laws governing the EB-1A visa?

No. Legal experts state that the drop in approvals reflects executive policy guidance and tougher adjudication standards applied by USCIS, rather than changes in immigration law or a decline in applicant qualifications.

What alternatives are Indian professionals exploring?

Reported options include transferring abroad for one year to qualify for executive-level EB-1(C) visas, applying under the EB-5 investor program, or pursuing skilled visas such as Canada’s Global Talent Stream and the UK’s Global Talent visa.

Source: Based on reporting from The Times of India, incorporating data from Boundless Immigration and USCIS.