This guide was prepared on August 19, 2026, before the official September 2026 Visa Bulletin and USCIS September adjustment-of-status filing-chart notice were published. The official Department of State and USCIS publications must be reviewed before this article is published or relied upon. This article provides general information and does not constitute legal advice.
The visa bulletin September 2026 will be particularly important because September is the final month of fiscal year 2026. Employers, HR teams, foreign workers, and families should review their immigration cases promptly. Visa availability can change during the month, and employment-based numbers may become limited or unavailable before September 30.
The official Department of State Visa Bulletin will establish the applicable cutoff dates. Applicants filing Form I-485 inside the United States must also follow the monthly filing-chart determination published by U.S. Citizenship and Immigration Services.
Why September 2026 Requires Immediate Planning
The federal fiscal year ends on September 30, 2026. Employment-based immigrant visa numbers are allocated by fiscal year. As the fiscal year approaches its conclusion, the Department of State and USCIS must manage remaining visa numbers carefully.
This can produce several outcomes:
- A cutoff date may advance.
- A cutoff date may remain unchanged.
- A category may retrogress, meaning the cutoff date moves backward.
- A category may become “Unavailable” if no additional numbers are available.
- An adjustment-of-status case may remain pending even when filing was previously permitted.
The September 30 deadline does not guarantee that a case will be approved before the fiscal year ends. A case must be fully approvable, and an immigrant visa number must be available when approval or issuance occurs.
Predictions published by immigration professionals can provide context, but they are not official. The AILA August 2026 Visa Bulletin summary confirms that August used different filing-chart rules for family-sponsored and employment-based cases. That August treatment does not establish the rules for September. USCIS may change its filing-chart determination for the next month.
How to Read the September Visa Bulletin
Final Action Dates
The Final Action Dates chart identifies when an immigrant visa may be issued or when a permanent-residence application may be approved, subject to all other eligibility requirements.
A priority date is generally current when it is earlier than, or in some circumstances matches, the listed cutoff date for the applicant’s preference category and chargeability area. A category listed as “C” is current. A category listed as “U” is unavailable.
Final Action Dates control:
- Immigrant visa issuance through consular processing.
- Final approval of adjustment-of-status applications.
- Availability of an immigrant visa number at the time of final adjudication.
Dates for Filing
The Dates for Filing chart may permit an applicant to submit required documentation or file Form I-485 before a visa number is immediately available for final approval.
For adjustment-of-status cases, the controlling chart depends on USCIS’s monthly announcement. USCIS may designate:
- The Dates for Filing chart;
- The Final Action Dates chart; or
- Different charts for family-sponsored and employment-based cases.
Applicants must not assume that the chart used in August will remain in effect in September. USCIS generally updates its chart determination shortly after the Department of State issues the monthly bulletin.
Priority Dates
The priority date establishes an applicant’s place in the immigrant visa queue.
The priority date may be based on:
- The date USCIS properly receives an I-130 petition in a family-preference case.
- The date the Department of Labor accepts a PERM labor certification application for many EB-2 and EB-3 cases.
- The date USCIS receives the Form I-140 petition for categories that do not require PERM.
- A different date established under the rules applicable to the specific immigrant category.
The priority date must be verified from the relevant approval notice, labor certification record, or petition filing documentation. A mistaken priority date can result in an improper filing or missed filing opportunity.
Employment-Based Categories and Employer Planning
Employment-based immigrant visas are divided into several preference categories:
- EB-1: Priority workers, including certain multinational executives and managers, outstanding professors and researchers, and individuals of extraordinary ability.
- EB-2: Members of the professions holding advanced degrees or individuals of exceptional ability. Some applicants may qualify for a National Interest Waiver.
- EB-3: Professionals, skilled workers, and other workers.
- EB-4: Certain special immigrants.
- EB-5: Immigrant investors, including certain reserved subcategories.
The September bulletin will list dates by category and chargeability area. Common chargeability areas include:
- All chargeability areas except those separately listed;
- China;
- India;
- Mexico; and
- The Philippines.
Country of birth, rather than citizenship alone, commonly determines chargeability. Individuals with multiple citizenships should not assume that a second passport changes the applicable chargeability area.
Employer Action Before September 30
Employers sponsoring foreign employees should complete the following review:
- Create a case inventory. List each employee’s visa category, country of chargeability, priority date, current nonimmigrant status, and procedural stage.
- Compare priority dates with the official September tables. Do not rely on predictions or unofficial summaries.
- Identify filing opportunities. Determine whether Form I-485 may be filed under the USCIS-designated chart.
- Prepare complete filings promptly. A filing opportunity may be lost if the cutoff date retrogresses or a category becomes unavailable.
- Review pending cases. Confirm that medical examinations, employment verification, supplement forms, and requested evidence are current.
- Plan for status extensions. An employee may need continued H-1B or another valid status if the green-card case cannot be completed by September 30.
- Coordinate with HR and payroll. Employment authorization, job location, compensation, and job duties must remain consistent with applicable immigration filings.
- Maintain I-9 compliance. A pending green-card case does not independently authorize employment. Form I-9 records must reflect valid employment authorization.
Employers should review their broader business immigration strategy and their employment-based green card process before making irreversible staffing decisions.
H-1B and L-1 Status During Green-Card Planning
H-1B and L-1 classifications are frequently used as part of a long-term immigration strategy.
H-1B status generally allows an employer to sponsor a worker for permanent residence without treating the green-card filing as inconsistent with the worker’s temporary status. Certain H-1B extensions beyond the ordinary maximum period may be available in qualifying employment-based green-card cases. The requirements depend on the timing and status of the PERM, I-140, and immigrant visa process.
L-1A status may support an EB-1C strategy for qualifying multinational executives and managers. The EB-1C category does not require PERM labor certification, but the employer and employee must satisfy detailed statutory and evidentiary requirements. L-1B status does not automatically qualify an employee for EB-1C.
L-1 maximum-stay limitations remain important. Unlike some H-1B circumstances, a pending employment-based green-card case does not generally provide an unlimited extension of L-1 status. Employers should begin permanent-residence planning well before the employee approaches the L-1A or L-1B maximum period.
See Blasingame Law’s guidance on H-1B planning and L-1 intracompany transfers.
Family-Sponsored Categories in September 2026
Family-sponsored preference categories include:
- F1: Unmarried adult sons and daughters of U.S. citizens.
- F2A: Spouses and minor children 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.
Immediate relatives of U.S. citizens: spouses, parents, and unmarried children under age 21: are generally not subject to the same numerical preference-category queues. However, eligibility, admissibility, lawful-entry, and procedural requirements still apply.
For family-preference cases, the September bulletin may allow limited movement or no movement. Applicants from oversubscribed countries may face different cutoff dates from applicants chargeable to all other areas.
Families should complete this checklist:
- Confirm the I-130 receipt or approval notice.
- Verify the priority date.
- Identify the correct family preference category.
- Check the applicant’s country of chargeability.
- Review the official September Final Action Dates chart.
- Check USCIS’s September adjustment-of-status chart notice.
- Determine whether adjustment of status or consular processing is appropriate.
- Update contact information with the National Visa Center when required.
- Gather civil documents, financial-support evidence, and relationship documentation.
- Avoid international travel without reviewing the consequences for a pending adjustment application.
Adjustment of Status Versus Consular Processing
Adjustment of Status
Adjustment of status is generally used by an eligible applicant physically present in the United States. The applicant files Form I-485 with USCIS when the applicable filing chart permits submission.
A filing does not guarantee approval. USCIS may approve the application only when the applicant is otherwise eligible and the Final Action Date is current at the time of adjudication.
Consular Processing
Consular processing is generally used when the applicant will obtain an immigrant visa through a U.S. embassy or consulate abroad. The National Visa Center coordinates document collection and interview preparation.
The Department of State uses the Final Action Dates framework for immigrant visa issuance. A case may be documentarily complete but remain unable to receive an immigrant visa until a number is available.
The correct process depends on lawful status, immigration history, admissibility issues, travel concerns, and other case-specific facts. An immigration lawyer should evaluate these issues before a family or employer selects a filing strategy.
Key Takeaway for the September 2026 Visa Bulletin
The September 2026 Visa Bulletin may create time-sensitive opportunities, but it may also produce retrogression and delayed approvals. Employers should review foreign-worker cases before the September 30 fiscal-year deadline. Families should verify their priority dates, preference categories, and filing options immediately after the official bulletin and USCIS chart notice are released.
Do not rely on visa bulletin projections as a substitute for official dates. The Department of State may revise availability, and USCIS may change its designated filing chart.
Blasingame Law LLC provides personalized guidance for employers, HR teams, foreign employees, and families navigating the employment-based green card process, family-based green card cases, H-1B and L-1 planning, adjustment of status, and consular processing. With more than 30 years of experience in corporate and private immigration practice, the firm can help assess your options and identify compliance risks.
Schedule a consultation with Blasingame Law LLC or contact the firm for case-specific immigration guidance.
This article is general educational information, not legal advice. Immigration rules, visa availability, and agency procedures can change. Review the official September 2026 Department of State Visa Bulletin and USCIS adjustment-of-status filing-chart notice before taking action.
