The October 2026 Visa Bulletin begins fiscal year 2027 with an important filing opportunity. The U.S. Department of State released the bulletin on September 29, 2026. USCIS has authorized applicants in all employment-based and family-sponsored preference categories to use the Dates for Filing chart for adjustment-of-status filings during October.
This chart determines when an eligible foreign national may submit Form I-485. It does not determine when USCIS may approve the green card. Final Action Dates continue to control final approval and immigrant visa issuance.
Employers and foreign workers should review priority dates immediately. Visa availability can change during the fiscal year, and retrogression can prevent a filing that is not completed while a category remains available.
What Changed on October 1, 2026
October 1 marked the beginning of fiscal year 2027. Annual immigrant visa numbers reset on that date. The reset created movement in several employment-based categories, but it did not eliminate backlogs.
For October 2026:
- USCIS permits use of the Dates for Filing chart for all employment-based categories.
- USCIS permits use of the Dates for Filing chart for all family-sponsored preference categories.
- Applicants may file Form I-485 when their priority date is earlier than the applicable filing cutoff, assuming they satisfy all other eligibility requirements.
- Final Action Dates still control approval of the adjustment application or issuance of an immigrant visa.
- The Department of State warned that some “Rest of World” retrogressions were necessary to keep visa issuances within fiscal-year quarterly and annual limits.
Applicants should consult the official October 2026 Visa Bulletin and the USCIS adjustment-of-status filing chart guidance.
Dates for Filing Versus Final Action Dates
The two charts serve different purposes:
- Dates for Filing: Determines when an applicant may submit Form I-485 or begin immigrant visa processing.
- Final Action Dates: Determines when the government may approve the application or issue the immigrant visa.
A foreign worker may be eligible to file Form I-485 under the October Dates for Filing chart even though the priority date is not yet current for final approval. Filing may provide access to employment authorization and advance parole if USCIS approves the related applications. It does not guarantee approval of the green card.
A priority date must generally be earlier than the listed cutoff date. A date that is equal to or later than the cutoff normally does not qualify for filing under that month’s chart.
October 2026 Employment-Based Dates for Filing
The following table summarizes the principal employment-based filing cutoffs for October 2026:
| Category | All other areas | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | Current | July 1, 2024 | July 1, 2024 | Current | Current |
| EB-2 | March 15, 2026 | January 1, 2023 | January 15, 2015 | March 15, 2026 | March 15, 2026 |
| EB-3 | August 1, 2024 | April 1, 2024 | January 15, 2015 | August 1, 2024 | January 1, 2024 |
| EB-5, unreserved | Current | March 1, 2021 | May 1, 2024 | Current | Current |
“Current” means that no cutoff date applies for that category and chargeability area during the month. Applicants must still satisfy the substantive requirements of the category.
Notable movement includes:
- EB-1 China and India advanced seven months to July 1, 2024.
- EB-2 for all other areas, Mexico, and the Philippines retrogressed to March 15, 2026.
- EB-2 China advanced to January 1, 2023.
- EB-3 for all other areas and Mexico retrogressed to August 1, 2024.
- EB-3 China advanced to April 1, 2024.
- EB-5 China advanced to March 1, 2021.
- EB-5 India remained at May 1, 2024 for filing.
The October Final Action chart also contains important movement. EB-1 India advanced to February 1, 2023. EB-2 India reopened at November 1, 2013. EB-5 unreserved India advanced to December 1, 2023.
These filing dates do not guarantee that a case will remain approvable when USCIS completes adjudication. Employers should budget for continued retrogression and possible delays.
Family-Sponsored Categories and the October Filing Window
USCIS also authorized the Dates for Filing chart for all family-sponsored preference categories. The principal categories are:
- F1: Unmarried sons and daughters of U.S. citizens.
- F2A: Spouses and unmarried children under 21 of lawful permanent residents.
- F2B: Unmarried adult sons and daughters of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of adult U.S. citizens.
The commonly reported worldwide filing cutoffs for October 2026 are:
| Category | October 2026 Dates for Filing |
|---|---|
| F1 | February 1, 2020 |
| F2A | Current |
| F2B | September 1, 2019 |
| F3 | November 1, 2014 |
| F4 | November 1, 2011 |
Country-specific cutoffs apply to certain family-sponsored categories, particularly cases chargeable to Mexico and the Philippines. Applicants must compare the priority date with the correct country column in the official bulletin.
A family-sponsored applicant should also confirm that the petitioner, beneficiary, underlying petition, visa classification, and adjustment eligibility remain valid. The ability to file does not eliminate issues involving unlawful status, unauthorized employment, public charge, admissibility, or other adjustment requirements.
For assistance with family-based cases, review Blasingame Law LLC’s family immigration services.
The Broader Public-Charge Rule Applies to October Filings
The broader DHS public-charge rule took effect on September 18, 2026. October is therefore the first full month in which the rule applies to new adjustment-of-status filings.
Applicants must use the current expanded edition of Form I-485. Filing an outdated edition can result in rejection or delay.
Under the broader framework, officers may evaluate a wider range of financial and personal factors under a totality-of-the-circumstances analysis. Depending on the facts, officers may consider:
- Age and health.
- Income, assets, liabilities, and household size.
- Education, skills, and work history.
- Financial support from family members or sponsors.
- Use of certain federal, state, or local means-tested benefits on or after September 18, 2026.
Benefit use does not automatically require denial. It may nevertheless be a negative factor, particularly when combined with insufficient income, limited resources, or other adverse circumstances.
Applicants should not stop or decline benefits based solely on general information. They should obtain case-specific advice before filing and accurately disclose required information. Employers should also review relocation, housing, health insurance, and benefits packages for foreign transferees. Benefits planning must not inadvertently create complications in an adjustment-of-status case.
Employer Action Steps for October 2026
Employers should complete the following actions promptly.
1. Audit priority dates
Review every pending PERM, I-140, and adjustment case. Confirm:
- The employee’s priority date.
- The applicable EB category.
- Country of chargeability.
- Whether the case is employment-based or family-sponsored.
- Whether the priority date is earlier than the October filing cutoff.
- Whether the employee is eligible to adjust status in the United States.
2. Identify employees who can file now
Prepare a list of foreign workers who may now submit Form I-485. Coordinate with the employee, dependents, payroll, HR, and immigration counsel before filing.
A filing may also involve:
- Form I-765 for employment authorization.
- Form I-131 for advance parole.
- Form I-693 medical examination documentation.
- Form I-864 where required.
- Updated employment verification and financial evidence.
3. Budget for retrogression risk
A filing opportunity may close if a category retrogresses. Employers should plan for additional legal fees, medical examinations, filing fees, dependent applications, and delayed approval.
4. Coordinate with counsel before filing
A business immigration attorney should review the entire record before submission. Priority-date eligibility does not resolve issues involving status violations, unauthorized employment, admissibility, public charge, job portability, or inconsistencies in prior filings.
5. Evaluate AC21 and H-1B extension options
Employees with backlogged employment-based cases may need continued nonimmigrant status.
Depending on the facts, the American Competitiveness in the Twenty-First Century Act may permit:
- One-year H-1B extensions when a labor certification or immigrant petition has been pending for at least 365 days.
- Three-year H-1B extensions when an approved I-140 exists but an immigrant visa is unavailable.
Employers should evaluate extension eligibility before the employee’s current H-1B validity expires. A pending or approved I-485 does not eliminate the need to manage work authorization and travel carefully.
6. Confirm I-9 and work-authorization records
Filing Form I-485 does not, by itself, authorize employment. Employers must confirm that each employee has valid employment authorization through an underlying nonimmigrant status, an employment authorization document, or another lawful basis.
Employers should:
- Track expiration dates.
- Complete reverification when required.
- Avoid demanding a specific document from an employee.
- Update Form I-9 records only through permitted procedures.
- Preserve documentation supporting continuing authorization.
- Review current I-9 compliance requirements.
Blasingame Law LLC also provides business immigration solutions that include employment-based green cards, temporary work visas, workforce compliance, and I-9 audits.
Deadlines and Dates to Track
Employers and foreign workers should calendar the following dates:
- October 1, 2026: Fiscal year 2027 begins and annual visa numbers reset.
- October 2026: Dates for Filing chart applies to all employment-based and family-sponsored adjustment filings.
- September 18, 2026: Broader public-charge rule became effective.
- October 2026: Current expanded Form I-485 must be used for covered filings.
- November 30, 2026: EB-5 filing fee increases take effect. Form I-526 is scheduled to increase from $3,675 to $7,615. The new Form I-527 fee is listed as $10,330. Investors and regional centers should verify the applicable form, fee, and filing instructions before submission.
- Monthly: Review the new Visa Bulletin for movement, retrogression, and USCIS chart selection.
Contact Blasingame Law LLC
The October 2026 Visa Bulletin creates significant filing opportunities, but the window may be temporary. Employers should identify eligible foreign workers, review work authorization, and coordinate filing decisions with experienced counsel.
Blasingame Law LLC has more than thirty years of experience in corporate and private immigration practice. The firm provides personalized representation for business immigration, work visas for foreign employees, employment-based green cards, family immigration, public-charge issues, and I-9 compliance.
Contact Blasingame Law LLC or schedule a consultation for case-specific guidance. An immigration lawyer should review the applicable priority date, category, country of chargeability, status history, and current government requirements before any filing is submitted.
