• Insights

United States: August 2026 Visa Bulletin – Modest Advancement for Several Employment-Based Categories; EB-1 India May Become Unavailable in Coming Weeks; USCIS to Accept Final Action Dates for Employment-Based Categories

July 20, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • In August, the Final Action Date for EB-1 China will advance one month, while the EB-3 China Final Action Date will advance by just over one week.
  • The Final Action Date for Worldwide EB-3 will advance by one month.
  • The State Department warns that EB-1 Indian may become unavailable in the coming weeks and that retrogression or unavailability is possible in the coming months for the EB-2 category.
  • USCIS will accept employment-based adjustment of status applications from foreign nationals with a priority date that is earlier than the Final Action dates listed in the State Department’s August Visa Bulletin.

A closer look

According to the State Department’s August Visa Bulletin, Final Action cutoff dates for issuance of an immigrant visa or approval of an adjustment of status application will be as follows: 

  • EB-1: China will advance by one month to July 1, 2023. India will remain at October 15, 2022.  All other countries will continue to be current.
  • EB-2: China will remain at September 1, 2021. India will continue to be unavailable. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: China will advance by more than one week to January 1, 2022. India will remain at January 1, 2014. The Philippines will remain at August 1, 2023, and all other countries will advance by one month to September 1, 2024.
  • EB-5: For the EB-5 Unreserved categories, China will remain at December 1, 2016, and India will remain unavailable. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current.

USCIS to honor Final Action Dates in August

USCIS has announced on its own Visa Bulletin web page that the agency will accept adjustment of status applications based on the State Department Final Action Date chart in August. To be eligible to file an employment-based adjustment of status application next month, foreign nationals must have a priority date that is earlier than the applicable Final Action date listed below for their preference category and country.

State Department comments on availability of immigrant visas

The August Visa Bulletin notes that immigrant visa issuance rates for foreign nationals from certain countries have recently decreased, allowing the agency to advance dates in some categories, as shown above. However, the State Department notes that as demand increases, retrogression or unavailability may be necessary in several categories before the fiscal year ends on September 30, 2026.

According to the agency, the EB-1 Final Action Date for India may become unavailable in the coming weeks due to high demand and use of immigrant visa numbers in that category. Also, EB-2 may be retrogressed or made unavailable in the coming months due to sustained demand and increased immigrant visa number use.

Final Action Dates for August 2026

EB-1 
China: July 1, 2023
India: October 15, 2022
All other countries: Current            

EB-2  
China: September 1, 2021
India: Unavailable
All other countries: Current

EB-3 Professionals and Skilled Workers  
China: January 1, 2022
India: January 1, 2014
Philippines: August 1, 2023
All other countries: September 1, 2024

EB-3 Other Workers  
China: May 1, 2019
India: January 1, 2014
Philippines: December 1, 2021
All other countries: April 1, 2022

EB-4
All countries: October 15, 2022

EB-5 Unreserved (Regional Center and Non-Regional Center)
China: December 1, 2016
India: Unavailable
All other countries: Current

EB-5 Set-Asides
Rural: Current for all countries
High Unemployment: Current for all countries
Infrastructure: Current for all countries

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Media mentions

People Management: UK Right to Work Check Changes: What Businesses Need to Know

Partner Naomi Goldshtein discusses how new UK right to work requirements extend beyond direct employees and the steps businesses should take to understand and manage workforce compliance.

Learn more

Blog post

The Dutch-American Friendship Treaty at 70: How “Friendly” is it in Practice?

Partners Aviva Meerschwam and Christine Sullivan, Senior Associate Tuğba Özyakup and Junior Immigration Consultant Gabriela Gonzalez examine how the Dutch-American Friendship Treaty operates in the Netherlands and the US, and what the differences mean for entrepreneurs, investors and businesses pursuing transatlantic growth.

Learn more

Awards

Fragomen Named a Top 10 Finalist for the 2026 Cartus Masters Cup

Fragomen is a Top 10 finalist for the 2026 Cartus Masters Cup, Cartus’ highest supplier honor recognizing exceptional service, collaboration, innovation and commitment to clients and relocating employees.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
October 9, 2026 | United StatesComment on USCIS Mandatory Electronic Filing Rule
October 9, 2026 | KenyaKenya: Travel Health Insurance Requirement Implemented
October 8, 2026 | BelgiumFragomen Collaboration Selected as 2026 European Labour Authority Good Practice
October 8, 2026 | GermanyGermany: Residence Permit Exemption for Foreign Nationals Residing in Ukraine Extended
October 8, 2026 | KuwaitKuwait: New Residence Permit Category Introduced for Certain Former Kuwaiti Nationals
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.