Modest Advancement Across the Board, but India EB-1 and EB-2 Remain at Risk

The August 2026 Visa Bulletin brings incremental forward movement in the EB-1 (China) and EB-3 (Worldwide, China, and Mexico) categories, while India’s EB-2 category remains unavailable for a second straight month and India’s EB-1 category holds steady but remains subject to retrogression before the fiscal year ends.

U.S. Citizenship and Immigration Services (USCIS) has mandated use of the Final Action Dates (FAD) chart for all employment-based adjustment of status filings for August 2026.

The table below provides a comparison of the July and August 2026 Final Action Dates for the first three employment-based immigrant categories, highlighting the net change in visa availability:

Key Developments in the August 2026 Bulletin

India EB-2: Still Unavailable

India’s EB-2 category remains “Unavailable” for a second consecutive month, following exhaustion of India’s pro-rated EB-2 limit for FY 2026. Applicants chargeable to India in EB-2 still cannot file for adjustment of status with USCIS or an immigrant visa with the State Department. The category is not expected to reopen until the new fiscal year begins in October, and any final action date issued at that time will depend on demand and the FY 2027 annual limits.

India EB-1: Holding Steady, but Not Out of the Woods

India’s EB-1 final action date held at October 15, 2022, for August, unchanged from July. However, the State Department has again cautioned that high demand and visa number use by Indian nationals in EB-1 could force the category to become “Unavailable” in the coming weeks if India’s pro-rated EB-1 limit is reached before the fiscal year closes on September 30, 2026.

Worldwide, China, and Mexico EB-3: Continued Advancement

The August bulletin extends the positive movement seen in July for the EB-3 category. The worldwide and Mexico EB-3 final action dates each advanced one month (from August 1, 2024 to September 1, 2024), and China EB-3 advanced roughly two weeks (from December 22, 2021, to January 1, 2022). India and Philippines EB-3 dates held steady.

China EB-1: Modest Advancement Continues

China EB-1 moved forward one month, from June 1, 2023, to July 1, 2023. All other worldwide, Mexico, and Philippines EB-1 categories remain current.

EB-2 Category: General Retrogression Risk

Beyond India’s continued unavailability, the Department of State has flagged the broader EB-2 category as an area to monitor as sufficient demand and increased number use may require retrogressing the final action date, or making the category unavailable, in the coming months to keep issuances within the FY 2026 annual limit.

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