Quick Hits
- USCIS will require employment-based adjustment of status (“green card”) applicants to use the Visa Bulletin’s Final Action Dates chart in September 2026.
- Final action dates for EB-1, EB-2, EB-3, and EB-5 remain unchanged from August 2026; EB-2 India continues to be unavailable.
- The State Department warns that EB-1 India, EB-2 (all countries), and EB-5 Unreserved categories may retrogress or become unavailable before the fiscal year closes on September 30, 2026.
While final action dates did not change in the EB-1, EB-2, EB-3, or EB-5 employment-based preference categories and EB-2 immigrant visas remain unauthorized (unavailable) for individuals born in India, the State Department notably indicated that EB-1 India, EB-2, and EB-5 Unreserved categories may also become unavailable in the coming weeks.
Employment-Based Final Action Dates for September 2026
The September 2026 Visa Bulletin Final Action Dates chart indicates no changes from August 2026 in the EB-1, EB-2, EB-3, and EB-5 categories. EB-2 India, however, remains “Unauthorized” (unavailable), and other categories flagged by the State Department could move to unavailability before the fiscal year (FY) ends:
| Employment- based Category | All Chargeability Areas Except Those Listed | China- mainland born | India | Mexico | Philippines |
| EB-1 | Current | July 1, 2023 | October 15, 2022 | Current | Current |
| EB-2 | Current | September 1, 2021 | Unauthorized | Current | Current |
| EB-3 | September 1, 2024 | January 1, 2022 | January 1, 2014 | September 1, 2024 | August 1, 2023 |
| Other Workers | April 1, 2022 | May 1, 2019 | January 1, 2014 | April 1, 2022 | December 1, 2021 |
| EB-5 Unreserved | Current | December 1, 2016 | Unauthorized | Current | Current |
| EB-5 Set Aside Categories: Rural, High Unemployment, Infrastructure | Current | Current | Current | Current | Current |
Source: U.S. Department of State, September 2026 Visa Bulletin
Despite the unchanged final action dates, the State Department’s September 2026 Visa Bulletin advises that several categories may become unavailable before the end of September 30, 2026. For EB-1 India, high demand and number usage may cause unavailability, delaying further approvals until new visa numbers become available in FY2027, which begins on October 1, 2026. For EB-2 across all countries, increased demand and number usage may cause retrogression of the final action date or temporary unavailability before fiscal year-end, potentially delaying immigrant visa and adjustment of status approvals. The EB-5 Unreserved category may face similar constraints if demand and usage exceed supply before September 30.
Key Takeaways
Although final action dates remain unchanged for September 2026, the State Department’s warnings highlight the importance of closely monitoring the Visa Bulletin and announcements from USCIS and the State Department. Employers and employees with pending cases in the EB-1 India, EB-2, or EB-5 Unreserved categories should watch for announcements that could affect visa availability as the fiscal year closes on September 30, 2026. Given the risk of retrogression or unavailability, eligible applicants may want to consider filing sooner rather than later, particularly in light of USCIS form changes due to the new public charge standard taking effect on September 18, 2026. Employers and employees may also want to note that the State Department is temporarily pausing immigrant visa interview appointments worldwide while providing training for consular officers on the public charge screening guidance.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.
For additional insight into the critical immigration issues facing employers today, please join our Virtual Immigration Insights Symposium on Wednesday, October 7, 2026, from noon to 2:30 p.m. ET. Register here.
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