If you are an Indian professional waiting in EB-2, the October 2026 Visa Bulletin makes the case for EB-1A clearer than ever. EB-1 India is now more than nine years ahead of EB-2 India. But a new USCIS policy means an EB-1A petition has less margin for error than it did a few months ago.
The decade gap between EB-2 and EB-1 for India
EB-2 India was completely unavailable at the end of the last fiscal year. It reopened on October 1, but only for priority dates before November 1, 2013. EB-1 India, meanwhile, advanced to February 1, 2023.
Source: U.S. Department of State Visa Bulletin for October 2026. USCIS is accepting employment-based I-485s under the Dates for Filing chart this month.
The pressure is not only on India. EB-2 for the rest of the world moved from current to a January 1, 2025 final action date, while EB-1 stayed current for every country except India and China.
Category | Final action (Oct 2026) | Dates for filing (Oct 2026) |
|---|---|---|
EB-1 India | Feb 1, 2023 | Jul 1, 2024 |
EB-2 India | Nov 1, 2013 | Jan 15, 2015 |
EB-1 China | Jul 1, 2023 | Jul 1, 2024 |
EB-1 rest of world | Current | Current |
EB-2 rest of world | Jan 1, 2025 (was current) | Mar 15, 2026 (was current) |
Already have an approved EB-2 I-140? In many cases, the priority date from an approved I-140 can carry over to a later EB-1 petition. An Indian professional with a 2015 EB-2 priority date who obtains EB-1A approval could be eligible to file and be approved right away. Ask your immigration attorney whether this applies to you.
The catch: USCIS can now deny without an RFE
On August 5, 2026, USCIS issued Policy Alert PA-2026-05. It gives officers broad discretion to deny a petition that lacks required evidence, or fails to show eligibility, without first sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
RFEs have not disappeared. Officers can still issue them. What changed is that you can no longer count on one. The policy also treats 12 weeks as the maximum RFE response time, and a partial response may be treated as a request for a decision on the existing record. It applies to cases already pending on August 5 and to everything filed since.
For an Indian applicant, a denial is expensive. A refiled petition may carry a new priority date, and the Dates for Filing window that is open today can close in a later bulletin.
Where EB-1A petitions fall short
EB-1A requires evidence of at least three of ten criteria, followed by a final merits review of whether you are among the small percentage at the top of your field. The gaps we see most often:
Recommendation letters that praise the person but never explain the specific impact of the work.
Citations, media coverage, or salary figures presented with no field benchmark.
Indian degrees, titles, and awards left unexplained in U.S. terms.
A petition letter that lists exhibits instead of arguing sustained acclaim.
Each of these used to draw an RFE. Today, each can support a denial on the first review.
Before you file
Every criterion you claim is backed by primary documents, not just described in a letter.
You document more than the minimum three criteria, in case one is discounted.
Some letters come from independent experts who have not worked with you.
Foreign credentials are evaluated, and all foreign-language documents have certified translations.
Your attorney has checked whether an existing priority date can be retained.
Build a stronger EB-1A record before you file
International Evaluations prepares case-specific expert opinion letters from our network of 350+ professors at UC campuses, Ivy League schools, and other leading U.S. universities. We also provide credential and work experience evaluations and certified translations, and we work alongside your attorney to find evidence gaps before an officer does.
Call (510) 876-0900 or Email us
39159 Paseo Padre Pkwy STE 119, Fremont, CA 94538
Common questions
Has USCIS stopped issuing RFEs for EB-1A?
No. Officers can still issue RFEs and NOIDs. Since August 5, 2026, they are no longer expected to send one before denying a petition that lacks required evidence.
Why is EB-1A attractive for Indian applicants right now?
In October 2026, EB-1 India's final action date is February 1, 2023, while EB-2 India's is November 1, 2013. For qualified applicants, EB-1A can shorten the wait by years.
Can an expert opinion letter guarantee approval?
No document guarantees an outcome. A well-supported, case-specific letter helps an officer understand why your work matters, which is often what denied petitions are missing.
Need an expert letter for your EB-1A petition?
With fewer RFEs, your expert letters have to make the case the first time. Our professors write independent, criteria-specific EB-1A expert opinion letters that explain the impact of your work in terms an officer can assess. Send us your CV and your attorney's criteria plan, and we'll match you with an expert in your field.
Request an EB-1A expert opinion letterCall (510) 876-0900
This article is general information, not legal advice. International Evaluations is not a law firm. Visa availability changes monthly; consult a licensed immigration attorney about your case.
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