United States: September 2026 Visa Bulletin – Main Employment-Based Categories Hold Steady; Some Categories May Hit Annual Limits Before End of September; USCIS to Honor Final Action Dates
August 24, 2026
Country / Territory
Share
At a glance
- The EB-1, EB-2, EB-3, and EB-5 Final Action Dates remain unchanged in September.
- The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.
- 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 September Visa Bulletin.
A closer look
According to the State Department’s September 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 and India will remain at July 1, 2023, and October 15, 2022, respectively. 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 remain at January 1, 2022, India at January 1, 2014, and the Philippines at August 1, 2023. All other countries will hold steady at 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.
The September Visa Bulletin employment-based Dates for Filing chart will remain the same for all countries and categories.
USCIS to honor Final Action Dates in September
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 Dates chart in September. 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 State Department notes that as demand increases, retrogression or unavailability may be necessary in some employment-based categories before the fiscal year ends on September 30, 2026. According to the agency, EB-1 India may become unavailable in the coming weeks due to high demand and use of immigrant visa numbers in that category. Also, the EB-2 and EB-5 unreserved categories may retrogress or become unavailable before the end of September due to sustained demand and increased immigrant visa number use.
Immigrant visa numerical limitations
The State Department has determined the immigrant visa numerical limitations for the current fiscal year. The agency reports that the FY 2026 worldwide employment-based preference limit is 186,317. Recent previous years’ worldwide employment-based limits were 150,037 (FY 2025), 160,791 (FY 2024), 197,071 (FY 2023), 281,507 (FY 2022), 262,288 (FY 2021), and 156,253 (FY 2020).
Final Action Dates for September 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: December 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.
