The U.S. Department of State has issued the September 2026 Visa Bulletin, the final bulletin for fiscal year 2026. The bulletin confirms that several employment-based immigrant visa categories face significant number limitations before the fiscal year ends on September 30, 2026.
The Department warns that EB-1 India, EB-2, and EB-5 Unreserved may retrogress or become unavailable before the end of the fiscal year. Employers and foreign national employees should evaluate eligible cases immediately. A filing delay may result in the loss of an opportunity to submit an adjustment of status application while a category remains available.
The fiscal year 2026 worldwide employment-based preference limit is 186,317 immigrant visas.
USCIS Will Use the Final Action Dates Chart in September 2026
USCIS has confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart from the September 2026 Visa Bulletin.
This requirement applies to all employment-based preference categories. Applicants may generally file Form I-485 only when the priority date is earlier than the applicable Final Action Date, or when the category is listed as “Current.”
The USCIS announcement is available on its Adjustment of Status Filing Charts from the Visa Bulletin page.
The following terms are important:
- Current (C): A visa number is immediately available, subject to all other eligibility requirements.
- Unavailable (U): No visa numbers are available in that category for the relevant country during the applicable month.
- Final Action Date: The applicant’s priority date must be earlier than the listed date for final approval or adjustment filing under the applicable USCIS instructions.
- Priority date: The date used to determine an applicant’s place in the immigrant visa queue.
A category shown as Current can become retrogressed or unavailable later in the same fiscal year. The September bulletin specifically warns that additional restrictions may be necessary before September 30.
September 2026 Employment-Based Final Action Dates
The key Final Action Dates are summarized below:
| Employment Category | China | India | Philippines | All Other Countries |
|---|---|---|---|---|
| EB-1 | July 1, 2023 | October 15, 2022 | Current | Current |
| EB-2 | September 1, 2021 | Unavailable | Current | Current |
| EB-3 Skilled Workers and Professionals | January 1, 2022 | January 1, 2014 | August 1, 2023 | September 1, 2024 |
| EB-5 Unreserved | December 1, 2016 | Unavailable | Current | Current |
The dates use the Department of State’s standard format. For example, “01SEP24” means September 1, 2024.
EB-5 set-aside categories, including rural area, high-unemployment area, and infrastructure projects, have separate availability rules. Employers and investors must review the applicable category rather than relying only on the EB-5 Unreserved date.
Categories at Risk Before September 30
EB-1 India
EB-1 India has a Final Action Date of October 15, 2022. The Department of State warns that EB-1 India may become unavailable if the remaining numbers allocated to India are used before the end of fiscal year 2026.
Employers should identify EB-1 cases with priority dates earlier than October 15, 2022. Eligible applicants in the United States should evaluate whether they can file Form I-485 before September 30.
EB-1 cases may include multinational executives and managers, outstanding professors and researchers, and individuals with extraordinary ability. Each classification has distinct legal and evidentiary requirements. A current priority date does not eliminate the need to prove eligibility under the underlying immigrant category.
EB-2
EB-2 India is listed as Unavailable for September 2026. No additional EB-2 India immigrant visa numbers are available during the remainder of fiscal year 2026.
EB-2 China has a Final Action Date of September 1, 2021. EB-2 remains Current for all other countries in the September chart. However, the Department has issued a broader warning that EB-2 may retrogress or become unavailable before September 30 because of high demand and limited remaining numbers.
This warning is material for employers sponsoring professionals through:
- Advanced-degree professional petitions.
- Exceptional-ability petitions.
- National Interest Waiver cases, where the foreign national may self-petition.
- Adjustment of status cases that are otherwise ready for filing.
A business immigration attorney should review whether the employee’s priority date is current, whether the immigrant petition is approved or approvable, and whether the employee can satisfy all adjustment of status requirements.
EB-5 Unreserved
EB-5 Unreserved is subject to the following September 2026 dates:
- China: December 1, 2016.
- India: Unavailable.
- All other countries: Current.
The Department of State has warned that EB-5 Unreserved may face retrogression or temporary unavailability for additional countries before the fiscal year ends. The EB-5 India category is already unavailable for the remainder of fiscal year 2026 under the published guidance.
Investors and their families should not assume that a Current designation guarantees availability through September 30. Filing and visa-number decisions remain subject to statutory limits and government allocation practices.
Employer Action Plan Before October 1
1. Assess Priority Dates Immediately
Employers should create an updated inventory of all employment-based cases. The review should identify:
- The employee’s country of chargeability.
- The employment-based category.
- The priority date.
- Whether the underlying Form I-140 petition is approved or ready for filing.
- Whether the employee is eligible to file Form I-485.
- Whether derivative spouses or children may also be eligible.
- The expiration date of the employee’s current nonimmigrant status and employment authorization.
The review should distinguish between cases that are eligible for filing now and cases that require additional documentation or government action.
2. File Eligible Adjustment Applications Before September 30
If an employee is eligible to file under the September Final Action Dates chart, the employer and employee should begin preparing the filing without delay. The package may include:
- Form I-485.
- Form I-140, if filed concurrently and permitted.
- Form I-765 for employment authorization.
- Form I-131 for advance parole.
- Form I-693, Report of Immigration Medical Examination and Vaccination Record, when required.
- Evidence of lawful status and identity.
- Birth, marriage, and civil documents.
- Evidence supporting the employment-based petition and continuing job offer.
A filing must be complete, properly signed, and submitted with the correct fees and supporting evidence. An incomplete or defective filing may be rejected. A rejected filing may lose the benefit of the September priority-date window if the category becomes unavailable in October.
3. Prepare H-1B and L-1 Extensions
Adjustment of status filing does not remove the need to maintain lawful nonimmigrant status. Employers should review upcoming expiration dates for H-1B, L-1, and other classifications.
Where appropriate, employers should prepare extension filings for:
- H-1B specialty occupation workers.
- L-1A executives and managers.
- L-1B specialized-knowledge employees.
- H-4 and L-2 dependents.
- Employment authorization documents and travel documents.
Employers seeking a work visa for foreign employees should maintain accurate records concerning job duties, work locations, compensation, corporate relationships, and immigration history. These records support both extension filings and broader workforce compliance obligations.
4. Review I-9 and Workforce Compliance Records
Employers must continue to comply with Form I-9 requirements while employees pursue permanent residence. HR teams should verify that employment authorization documents are recorded correctly and that reverification deadlines are tracked.
A visa bulletin change does not itself authorize employment. An employee must possess valid employment authorization based on a nonimmigrant status, an Employment Authorization Document, or another recognized basis.
Employers should also review:
- I-9 completion and retention procedures.
- E-Verify practices, where applicable.
- Worksite and payroll information.
- Changes in job duties or work location.
- Corporate restructuring that may affect an immigration petition.
- Internal procedures for tracking immigration expiration dates.
Blasingame Law LLC provides workforce compliance and I-9 audit support for employers managing foreign talent.
5. Monitor the October 2026 Visa Bulletin
October 1 begins fiscal year 2027. New visa numbers may affect category availability, but employers should not assume that all dates will advance immediately. The October 2026 Visa Bulletin may show:
- New Final Action Dates.
- Retrogression.
- Restoration of categories that became unavailable.
- Continued restrictions based on demand.
- Different treatment by country and employment category.
Employers should establish a process for reviewing each monthly bulletin and communicating relevant changes to affected employees.
Plan for Processing Delays
Even a timely filing may not result in immediate approval. USCIS may issue a Request for Evidence, schedule an interview, request biometrics, or require additional review. Visa-number availability may also change while an application remains pending.
Employers should plan for possible delays by:
- Maintaining the employee’s underlying nonimmigrant status when possible.
- Tracking Employment Authorization Document and advance parole expiration dates.
- Avoiding unauthorized changes to job duties or work locations.
- Preserving payroll, organizational, and employment records.
- Coordinating promptly with immigration counsel after receiving agency notices.
- Preparing contingency staffing plans for critical roles.
Obtain Case-Specific Immigration Guidance
The September 2026 Visa Bulletin creates a narrow planning window for many employment-based cases. EB-1 India, EB-2, and EB-5 Unreserved may experience retrogression or unavailability before September 30, while EB-2 India and EB-5 India are already unavailable for September.
Employers should assess priority dates now, prepare eligible adjustment filings before September 30, maintain nonimmigrant status where necessary, and monitor the October 2026 Visa Bulletin.
Blasingame Law LLC provides business immigration counsel, H-1B and L-1 support, employment-based green card services, HR immigration guidance, and workforce compliance assistance. Contact the firm through the consultation page or call 719-521-2115 to discuss your organization’s immigration needs.
This article provides general information regarding the September 2026 Visa Bulletin. It does not constitute legal advice. Immigration eligibility depends on the specific facts, documents, priority date, and procedural history of each case.
