The U.S. Department of State has published the September 2026 Visa Bulletin, the final Visa Bulletin of fiscal year 2026. The employment-based Final Action Dates remain unchanged from August across the principal employment-based preference categories.
While there are no new advancements or retrogressions for September, the Department of State has indicated that visa availability may become more limited in certain categories before the end of the fiscal year on September 30, 2026.
Employment-Based Final Action Dates
For September 2026, the employment-based Final Action Dates are:
| Category | Most Countries | China | India |
| EB-1 | Current | July 1, 2023 | October 15, 2022 |
| EB-2 | Current | September 1, 2021 | Unavailable |
| EB-3 | September 1, 2024 | January 1, 2022 | January 1, 2014 |
| EB-5 Unreserved | Current | December 1, 2016 | Unavailable |
The EB-5 set-aside categories for rural areas, high-unemployment areas, and infrastructure projects remain current for all countries listed in the September Visa Bulletin.
Separate cutoff dates continue to apply to certain other countries, including Mexico and the Philippines.
Potential Visa Availability Constraints
Although the Final Action Dates have not changed, the Department of State has warned that visa demand and usage could affect availability before the end of fiscal year 2026.
The Department has identified particular concerns regarding EB-1 for India, EB-2, and EB-5 Unreserved. Depending on demand, these categories could experience retrogression or become temporarily unavailable before September 30.
Retrogression occurs when a cutoff date moves backward, potentially making an applicant who was previously current no longer eligible for final action. If a category becomes unavailable, immigrant visa numbers cannot be issued in that category until additional numbers become available.
The situation is particularly relevant at the end of the fiscal year because employment-based immigrant visa numbers are subject to annual statutory limits. The new fiscal year begins on October 1, 2026, when new visa numbers become available.
What This Means for Adjustment of Status Applicants
For applicants seeking permanent residence from within the United States, it is important to distinguish between the ability to file an adjustment of status application and the ability to obtain final approval.
For September 2026, USCIS has confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart to determine whether they may file Form I-485 based on visa availability.
Even where an applicant is eligible to file, however, visa availability must generally exist when USCIS is ready to approve the adjustment application. A subsequent retrogression or unavailability could therefore delay final approval.
Applicants with priority dates that are currently eligible should therefore continue to monitor the Visa Bulletin throughout September, particularly where the case falls within a category for which the Department of State has identified potential availability concerns.
Looking Ahead to Fiscal Year 2027
September is the final month of fiscal year 2026, making visa-number availability particularly important for employment-based immigrant cases that are otherwise ready for final action.
The September Visa Bulletin does not currently change the applicable Final Action Dates, but the Department of State’s warning indicates that developments could occur before the fiscal year closes. Employers and foreign nationals with pending or prospective employment-based green card cases should therefore continue to monitor updates from the Department of State and USCIS.
The Visa Bulletin is updated monthly, and the availability of immigrant visa numbers can change based on demand, annual limits, and visa usage.
This article is intended for general informational purposes only and does not constitute legal advice. The availability of an immigrant visa number depends on the specific facts and circumstances of each case.