2 February 2026
Overview: Opportunity Amidst Restriction
In a season marked by tightened immigration policies and increased scrutiny, a surprising and potentially transformative opportunity has emerged for high-skilled professionals from India and China. While new restrictions, such as the Department of State’s suspension of immigrant visa issuances for 75 countries, seem like a step back, they may actually open the door for thousands of employment-based (EB) green cards to become available.
For applicants already in the U.S.—especially those in H-1B or L-1 status—this situation presents a unique window of opportunity. With the right legal support and strategic timing, applicants can advance their immigration goals despite the global slowdown in visa processing.
At VKM Law Group, a premier Immigration Attorney in New Jersey, we’ve broken down this complex landscape to show how the spillover system works, who can benefit, and how to act now.
The Mechanism Behind the Opportunity: Visa Spillover Explained
Each year, the U.S. distributes approximately 675,000 immigrant visas under the Immigration and Nationality Act (INA). These visas are divided between family-sponsored and employment-based (EB) categories. However, if the full allotment of family-sponsored visas is not used by the end of the fiscal year, those numbers “roll over” into the next year’s employment-based categories.
This is the concept of visa spillover.
The Department of State’s announcement in January 2026, pausing visa issuances for nationals of 75 countries, could lead to an estimated 50,000 unused family-based visas being redirected to the employment-based pool. This scenario is reminiscent of the 2021 “COVID-19 spillover,” where 122,000 unused visas were reallocated—resulting in significant priority date movement.
Who Benefits: EB Applicants Already in the U.S.
While consular processing remains paused for many overseas applicants, USCIS (U.S. Citizenship and Immigration Services) continues processing adjustment of status (AOS) applications for individuals already in the U.S.
This puts professionals from India and China—who are often already working in the U.S. under H-1B or L-1 visas—at a strategic advantage. These individuals are best positioned to benefit from any spillover because they don’t need to go through overseas consulates affected by the bans.
If you are a tech executive, healthcare recruiter, or manufacturing manager seeking to hire or retain top global talent, this is the time to work with an experienced Visa Attorney in the USA to ensure filings are in perfect order.
What’s Changing: Tighter Vetting and Processing Delays
Despite the positive shift in visa availability, the bar for approval has been raised. Following Presidential Proclamation 10998, USCIS is now applying “extreme vetting” to applicants tied to high-risk countries, with more detailed scrutiny of documentation and legal eligibility.
Increased Documentation Demands
Applicants should expect USCIS officers to deeply verify:
- Birth and marriage certificates
- Translations of foreign documents
- Employment letters and credentials
- Background checks and travel history
Even minor inconsistencies can result in a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
Priority Dates: The Two-Chart System
The Visa Bulletin continues to use a dual-chart system:
- Final Action Dates – when visas can actually be issued.
- Dates for Filing – when applicants may submit AOS paperwork even if a visa isn’t available yet.
Knowing the difference—and how to file strategically—can make a difference of months or even years in securing lawful permanent residence.
What Clients Need to Do Now: VKM’s 5-Step Action Plan
At VKM Law Group, we guide our clients to proactively prepare and act strategically. Here’s how you can stay ahead of the curve:
1. Clean Up & Verify Documentation
- Ensure certified translations and clean, legible copies of birth, marriage, and identity documents
- If from a high-risk region, compile secondary evidence (school records, affidavits, census or medical records)
2. Track the Visa Bulletin Monthly
- Watch both the Final Action Date and Dates for Filing charts
- Be ready to file immediately if your date becomes current
3. Respond Quickly to RFE or NOID
- Don’t delay in addressing Requests for Evidence (RFE) or Notices of Intent to Deny (NOID)
- Our team ensures your responses are legally robust and meet the demands of extreme vetting
4. Reassess Your EB Category
- Consider upgrading from EB-2/EB-3 to EB-1 (Extraordinary Ability) or National Interest Waiver (NIW)
- This can shave years off your wait time
5. Litigate If Necessary
- If your application is stuck in limbo despite eligibility, Mandamus litigation may compel USCIS to act before green card numbers expire
How VKM Law Group Supports Your Strategy
We are not just lawyers—we’re legal immigration strategists. Our approach combines engineering-level clarity with immigration expertise to handle even the most complex cases.
Why Clients Trust VKM:
- Extreme Vetting Preparation for high-risk cases
- EB-1 and NIW Case Evaluation to optimize your green card timeline
- Secure Document Management Platform for fast and complete filings
- Litigation Support when timelines are at risk
The Path Forward
The reallocation of green cards due to global visa pauses presents a rare opportunity. But with increased scrutiny and selective processing, only well-prepared applicants will benefit.
🔍 If your priority date is approaching or your case is delayed, now is the time to prepare—or escalate.
Contact VKM Law Group
Let’s ensure your green card case is ready, resilient, and responsive to opportunity.