Every Employment-Based Final Action Date is Unchanged as the Fiscal Year Ends
The September 2026 Visa Bulletin brings no forward movement whatsoever in the EB-1, EB-2, or EB-3 categories — every Final Action Date across all five chargeability areas is unchanged from August. This follows two consecutive months of incremental advancement in EB-1 (China) and EB-3 (Worldwide, China, and Mexico). India’s EB-2 category remains Unavailable for a third straight month, and the Department of State has renewed its warnings that EB-1 India, the broader EB-2 category, and now EB-5 Unreserved category could retrogress or close entirely before the fiscal year ends on September 30, 2026.
As in prior months, the USCIS website (www.uscis.gov/visabulletininfo) indicates that applicants must use the Final Action Dates (FAD) chart for determining adjustment of status filing eligibility for September 2026.
The table below compares the August and September 2026 Final Action Dates for the first three employment-based immigrant categories:
| Category / Region | August 2026 (FAD) | September 2026 (FAD) | Status / Net Difference |
| EB-1: All Chargeability (ROW) | Current | Current | No change |
| EB-1: China | 01JUL23 | 01JUL23 | No change |
| EB-1: India | 15OCT22 | 15OCT22 | No change |
| EB-1: Mexico | Current | Current | No change |
| EB-1: Philippines | Current | Current | No change |
| EB-2: All Chargeability (ROW) | Current | Current | No change |
| EB-2: China | 01SEP21 | 01SEP21 | No change |
| EB-2: India | Unavailable | Unavailable | No change (still Unavailable) |
| EB-2: Mexico | Current | Current | No change |
| EB-2: Philippines | Current | Current | No change |
| EB-3: All Chargeability (ROW) | 01SEP24 | 01SEP24 | No change |
| EB-3: China | 01JAN22 | 01JAN22 | No change |
| EB-3: India | 01JAN14 | 01JAN14 | No change |
| EB-3: Mexico | 01SEP24 | 01SEP24 | No change |
| EB-3: Philippines | 01AUG23 | 01AUG23 | No change |
Key Developments in the September 2026 Visa Bulletin
India EB-2: Unavailable for a Third Consecutive Month
India’s EB-2 category remains “Unavailable” for September, following exhaustion of India’s pro-rated EB-2 limit for FY 2026 in July. 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: Steady for a Third Straight Month, but Risk Is Growing
India’s EB-1 final action date held at October 15, 2022, for September. The State Department has again cautioned that high demand and visa number use by Indian nationals in the EB-1 category may force it to become “Unavailable” in the coming weeks if India’s EB-1 limit is reached before the fiscal year ends.
EB-3 Advancement Pauses After Two Months of Gains
The Worldwide, China, and Mexico EB-3 final action dates — which each advanced in both July and August — are unchanged for September at September 1, 2024 (Worldwide and Mexico) and January 1, 2022 (China). India and Philippines EB-3 dates were likewise unchanged.
Broader Retrogression Risk Widens: EB-2 and EB-5 Unreserved
Beyond India’s continued unavailability, the Department of State has again warned that sufficient demand and increased number use in the broader EB-2 category may require retrogressing the final action date or making the category unavailable in the coming weeks. New this month, the State Department has issued the same warning for the EB-5 Unreserved category, citing sufficient demand and number use that could require retrogression or unavailability before the fiscal year ends.
Priority Date Retrogression: Issue #1
The Department of State reiterates that visa issuance rates have decreased in FY 2026, and that cutoff dates advanced throughout the year to use all available numbers. If additional immigrant visa demand occurs, or if administration policies are amended, retrogression may be necessary in the upcoming months to keep issuances within annual limits.
Priority Date Retrogression: Issue #2 – Court Strikes Down 75-Country Immigrant Visa Pause
On August 21, 2026, a federal judge vacated nationwide the State Department’s January 2026 policy that had paused immigrant visa issuance to nationals of 75 countries pending a public-charge review, calling the policy “contrary to law” and outside the Secretary of State’s statutory authority. The ruling directs re-adjudication of visas refused solely under the policy and, absent a stay or reversal on appeal, a return to normal, individualized processing for applicants from the affected countries.
The paused countries do not include China, India, Mexico, or the Philippines, but they do include a number of countries with meaningful family-sponsored and employment-based demand — among them Nigeria, Bangladesh, Pakistan, Ethiopia, Egypt, and Cuba — whose nationals were mostly unable to receive immigrant visas for roughly seven months. When processing resumes, that pent-up demand could result in slower cutoff-date advancement, or heightened retrogression risk, in the “All Chargeability Areas” (worldwide) categories.
Our Perspective
The complete absence of visa cutoff date movement in September is a clear signal the Department of State and USCIS are close to utilizing all available employment-based immigrant visas for FY 2026. We will continue to prioritize clients in the categories the State Department has specifically flagged as being at risk of retrogression or becoming “Unavailable” before the fiscal year ends. We are also tracking the 75-country visa pause and its potential to add demand to the worldwide visa numbers as FY 2027 begins, and will update clients as DOS and USCIS issue additional information.
Should you have any questions about how the September 2026 Visa Bulletin affects you or your employees, please contact your Meltzer Hellrung professional.
