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
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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.
