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October 2026 Visa Bulletin: FY 2027 Brings Employment-Based Visa Movement

By Amanda R. Goodman and Edward J. Castillo
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The U.S. Department of State’s October 2026 Visa Bulletin, the first Visa Bulletin for fiscal year (FY) 2027, restores availability in several employment-based immigrant visa categories and changes several cutoff dates from September 2026.

Quick Hits

  • The October 2026 Visa Bulletin reflects the start of FY 2027 immigrant visa number availability, with the State Department noting advancement across various immigrant visa categories.
  • USCIS has confirmed that employment-based adjustment-of-status (“green card”) applicants may use the Dates for Filing chart in October 2026, opening filing eligibility to a substantially larger pool of applicants than the Final Action Dates chart alone would allow.
  • EB-2 India and EB-5 India Unreserved, which were unavailable in September 2026, again have October 2026 final action dates.
  • Some employment-based “Rest of World” categories retrogressed in October 2026, and the State Department stated that the retrogressions are intended to keep visa issuances within FY 2027 quarterly and annual limits.

U.S. Citizenship and Immigration Services (USCIS) has separately confirmed that employment-based adjustment-of-status applicants may file in October using the Dates for Filing chart in the October 2026 Visa Bulletin rather than the more restrictive Final Action Dates chart, meaning the wider dates for filing windows described below determine October filing eligibility.

Dates for Filing Control for October 2026 filing eligibility

USCIS has confirmed applicants may use this chart for October employment-based adjustment filings. That makes filing eligibility and final-approval timing two separate tracks this month: dates for filing controls whether Form I-485 can be filed now (plus related Employment Authorization Document (EAD)/advance parole eligibility); final action dates still controls final approval.

  • EB-1: China and India both July 1, 2024 (up seven months from December 1, 2023).
  • EB-2: Rest of World (ROW)/Mexico/Philippines March 15, 2026; China January 1, 2023 (~one year advance); India January 15, 2015 (unchanged).
  • EB-3: ROW/Mexico August 1, 2024; China April 1, 2024; India January 15, 2015; Philippines January 1, 2024.
  • EB-5 Unreserved: ROW/Mexico/Philippines current; China March 1, 2021; India May 1, 2024.
    • Employment-based CategoryAll Chargeability Areas Except Those ListedChina-mainland bornIndiaMexicoPhilippines
    EB-1CurrentJuly 1, 2024July 1, 2024CurrentCurrent
    EB-2March 15, 2026January 1, 2023January 15, 2015March 15, 2026March 15, 2026
    EB-3August 1, 2024April 1, 2024January 15, 2015August 1, 2024January 1, 2024
    Other WorkersJune 1, 2022October 1, 2020January 15, 2015June 1, 2022June 1, 2022
    EB-5 UnreservedCurrentMarch 1, 2021May 1, 2024CurrentCurrent
    EB-5 Set Aside Categories: Rural, High Unemployment, InfrastructureCurrentCurrentCurrentCurrentCurrent

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

    Notably, EB-2 and EB-3 ROW/Mexico filing dates (March 15, 2026, and August 1, 2024) sit well ahead of their retrogressed final action dates, so most affected applicants can still file in October even though final approval will wait. Employees whose priority dates clear the dates for filing cutoff but not the final action date may now file and may be eligible for interim benefits (EAD, advance parole) while final action is tracked separately.

    Final Action Dates (Approval/Visa Issuance)

    • EB-1: Current for ROW, Mexico, Philippines. China unchanged at July 1, 2023. India advances to February 1, 2023 (from October 15, 2022).
    • EB-2: India returns at November 1, 2013 (from unavailable). China advances to October 1, 2021. ROW/Mexico/Philippines retrogress to January 1, 2025.
    • EB-3: ROW/Mexico retrogress to May 15, 2024. China advances one week to January 8, 2022. India unchanged at January 1, 2014. Philippines advances to August 15, 2023.
    • EB-3 Other Workers: ROW/Mexico retrogress to January 1, 2022. China advances to October 1, 2019. India unchanged. Philippines advances to January 1, 2022.
    • EB-4/Religious Workers: December 15, 2022, across all countries. H.R. 6500 (signed September 2, 2026) extends the Religious Workers category through December 11, 2026.
    • EB-5 Unreserved: China unchanged at December 1, 2016. India returns at December 1, 2023 (from unavailable).
    • EB-5 Set Aside Categories: Remain current.
      • Employment-based CategoryAll Chargeability Areas Except Those ListedChina-mainland bornIndiaMexicoPhilippines
      1stCurrentJuly 1, 2023February 1, 2023CurrentCurrent
      2ndJanuary 1, 2025October 1, 2021November 1, 2013January 1, 2025January 1, 2025
      3rdMay 15, 2024January 8, 2022January 1, 2014May 15, 2024August 15, 2023
      Other WorkersJanuary 1, 2022October 1, 2019January 1, 2014January 1, 2022January 1, 2022
      EB-5 UnreservedCurrentDecember 1, 2016December 1, 2023CurrentCurrent
      EB-5 Set Aside Categories: Rural, High Unemployment, InfrastructureCurrentCurrentCurrentCurrentCurrent

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

      Because USCIS has authorized dates for filing, the retrogressions above mainly affect when a case can be finally approved, not whether it can be filed in October. Since chart selection is reassessed monthly, this authorization is not guaranteed to carry into November.

      Next Steps

      With USCIS’s confirmation that the Dates for Filing chart governs October 2026 employment-based adjustment filings, the gap between the two charts may be relevant to employers and foreign national employees whose priority dates fall between the dates for filing cutoff and the final action date. The return of final action dates for EB-2 India and EB-5 India Unreserved may also affect applicants who were unable to move forward during September’s unavailability. Because USCIS reassesses chart selection each month, it is not yet known whether the October authorization will carry into November 2026. Despite this month’s movement, significant backlogs remain in the EB-1, EB-2, EB-3, and EB-5 categories for applicants chargeable to China and India, and those backlogs may continue to affect long-term retention and work-authorization considerations.

      Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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