Blog by Pasricha & Patel, LLC

USCIS Sets September 2026 Adjustment of Status Filing Charts for the Visa Bulletin

With the U.S. Department of State (“DOS”)’s publication of its September 2026 visa bulletin, the U.S. Citizenship and Immigration Services (“USCIS”) has decided to continue its use of the Final Action Dates for Employment-Based Adjustment of Status Applications (Chart A). Significantly, USCIS has determined that due to overwhelming demand building up in June, especially in the employment-based visa preference categories for India, USCIS, in conjunction with the Department of State, has continued to maintain its decision and has retrogressed EB-1, and exhausted/made unavailable EB-2 and EB-5 (unreserved categories) for India (note: due to consistently high demand overall in the EB-5 visa category, Department of State may have to retrogress this category for all countries and even before the end of the fiscal year).

Meanwhile, there is no forward movement for EB-3 this month, as Department of State is holding the line to slow down the various employment-based applications for India even starting in June 2026. In fact, the U.S. Department of State has warned that due to continuing high demand for EB-1 (India), and EB-2 (all countries), that there is the great possibility of making both visa categories unavailable in the coming weeks. This is a situation that needs constant monitoring.
Meanwhile, USCIS has decided to continue to follow the Dates for Filing for Family-Sponsored Adjustment of Status Applications table (Chart B). Please refer to the sections below for specific discussions about the visa availability date movements and trends under both the employment-based immigrant visa petitions, as well as the family-based immigrant visa petitions.

A reminder again that U.S. Congress has signed into legislation H.R. 7148, which has extended the Employment Fourth Preference Certain Religious Workers (SR) Category until September 30, 2026. Furthermore, starting in the month of April 2026, and continuing into September 2026, the applicable SR Final Action date is advancing to December 15, 2022, which is another substantial jump from June 2026, where it was still on July 15, 2022.

Overall, the September 2026 visa bulletin does show hardly any advancements at all for any of the major countries, and for India, it remains retrogressed in September. And the U.S. Department of State is also warning that it may have to make EB-1 visa category unavailable in the coming weeks if India’s pro-rated limited in the EB-1 category is reached before the fiscal year ends on September 30, 2026.

Another warning by U.S. Department of State is that it may have to make EB-2 visa category unavailable for the entire world and before the end of the fiscal year in order to hold number use within the maximum allowed under the FY2026 annual limit.

As mentioned herein already, by maintaining hold on the Final Action Dates for employmentbased adjustment of status applications (chart A) for the month of September, it does confirm the USCIS is trying hard to hold the line on the overwhelming demand for adjustment of status applications, especially for India in the employment-based preference categories. It will be interesting to see how USCIS can continue to estimate the level of demand of the various employment preference categories, and then using the initial response to decide how to plan for this last month of the fiscal year 2026. We suggest the reader to keep monitoring this site for any updates about this matter.

Employment-based Immigrant Visa Categories:

  • As has been the case for the last few years, USCIS and the Department of State are doing their best to manage the demand and usage of employment visa numbers, while fully recognizing that there is overwhelming demand, which resulted in the visa numbers in this category being exhausted and used up in late August to early September of 2025 in the last fiscal year. Just like last fiscal year, the Department of State does expect visa numbers to be used up before the end of this latest fiscal year 2026.

Perhaps it is for this reason that USCIS has decided to continue to use the Final Action dates for Employment-Based Adjustment of Status Applications (Chart A) and will accept applications in all employment-based categories based on actual available visa numbers. It is hard to say whether USCIS will utilize Chart A for the new fiscal year 2027. But so far, it does show that USCIS is willing to exercise discretion preemptively and cut off accepting adjustment of status applications, as soon as it sees the demand for visas become tight again.

The discussions below are still focused on the actual immigrant visa availability (Chart A) because this is where the actual visa numbers will be utilized for each month in the Fiscal Year 2026.

  • Employment-based first preference category (EB-1) (in the Final Action Dates table):
    • There continues to be retrogression in the EB-1 cutoff dates for September for India, while for China and the rest of the world, the date is either unmoved or remains ‘Current’. For India, the visa availability date retrogressed to October 15, 2022. According to Department of States, this may even become unavailable before the end of the current fiscal year. This is a category that will need continuous monitoring.
    • China’s visa cutoff date also remains on July 1, 2023.
    • Meanwhile, for ‘World’, and Mexico, and Philippines, EB-1 continues to be Current/Available.
  • Employment-based second preference category (EB-2)(in the Final Action Dates table):
    • The visa availability date for EB-2 for India significantly retrogressed and in the end, DOS had to make EB-2 India visa category closed and no longer available. New visa numbers will become available at the start of Fiscal Year 2027 on and after October 1, 2026. It will be interesting to see whether there will be any further retrogressions in the coming months. This certainly is a category that needs further monitoring.
    • For China’s visa preference category: the visa availability date stays on September 1, 2021.
    • There were also no changes for Mexico (it continues to remain Current), and the Philippines (it remains Current as well), and no changes for the World: they all remain Current as well.
      As this is the last month of the Fiscal Year 2026, it will be interesting to see how much more movement (advancement or further retrogression), there would be before the end of the month. This is an area that certainly needs continuous monitoring, especially as U.S. Department of State is already warning that EB-2 visa preference category as a whole may be made unavailable in September and before the end of the fiscal year in order to hold number use within the maximum allowed under the FY2026 annual limit.
  • Employment-based third preference category (EB-3) (in the Final Action Dates table):
    • EB-3 India’s visa availability date remains on January 1, 2014. It will be interesting to see how EB-3 dates progress in September and whether the numbers may be used up before the end of the fiscal year or not, especially with significant retrogression the EB-1 and the non-availability of EB-2 India.
    • EB-3 China’s visa availability date stayed on January 1, 2022.
    • EB-3 world’s visa availability dates all remain the same. Meanwhile, the dates for Mexico (also stayed on September 1, 2024) and the Philippines remains on August 1, 2023.
    • In the EB-3 Other Workers (EW) category, there was no movement for any of the countries. For India, it remains on January 1, 2014. China’s date also stayed on May 1, 2019. Mexico’s date stayed on April 1, 2022, while the Philippines stayed on December 1, 2021. And for the ‘World’ chargeability it also stayed on April 1, 2022.
  • Employment-based fourth preference category (EB-4):
    • In the month of September 2026, the U.S. Department of State has continued to make visas available for all countries with the new date of December 15, 2022.
    • In the meantime, the Employment Fourth Preference Certain Religious Workers (SR) category continues to be available through September 30, 2026, thanks to recent U.S. Congressional action. The visa availability date has advanced to December 15, 2022 for all countries. This date was the result of the category immediately becoming available on February 3, 2026, and it is subject to the same final action dates as the other Employment Fourth Preference categories that are based on foreign state of chargeability.
  • Employment-based fifth preference category (EB-5) (referring to the Final Action Date chart):
    • There is continuously great demand and numbers usage by applicants from India and China. And because of high demand, the Department of State has made the EB-5 unreserved category to be ‘Unavailable’ for India for the remainder of the Fiscal Year 2026.
    • For China, the date also remains on December 1, 2016. It will be interesting to see whether numbers are used up before the end of the fiscal year or not, especially for Unreserved numbers
    • For the other countries, and the rest of the world, the visa continues to be Current/Available for the nationals from those countries and regions. It will also be interesting to see if numbers are used up even before the end of the fiscal year and the entire world’s EB-5 numbers (Unreserved) are exhausted and become unavailable.
    • On the EB-5 immigrant investor visa category, a reminder once again to readers that DOS’s visa bulletin for EB-5 preference category has also been updated to reflect the new provisions of the EB-5 Reform and Integrity Act (RIA).
    • It now has two (2) pools of visa numbers within the EB-5 category. One is reserved for certain set-aside categories (Rural, High Unemployment, and Infrastructure projects), while the remaining available numbers remain ‘unreserved’.
    • Finally, in the Final Action Dates chart for EB5 Set Asides (which covers Rural, and High Unemployment, and Infrastructure areas) for Chinese born and Indian born applicants as well as applicants from around the world continue to remain ‘Current’.

Family-based Immigrant Visa Categories (with discussions also touching on the Final Action Dates table):

  • A reminder that DOS continues to use the Dates for Filing for Family-Sponsored Adjustment of Status Applications chart.
  • But in connection with the actual Final Action Dates table which is the actual visa availability date table to look at, and starting in June 2023, due to the steady usage of the F2A – Spouses and Children of Permanent Residents – DOS had to set a final action date for this category in order to maintain steady availability of this particular visa category for the upcoming months.
  • For the month of September 2026, there is some interesting movement across the board and for all countries, including for India, and there is good news here.
  • So, in the Final Action Date for F-1 visa preference category (unmarried sons and daughters of U.S. citizens)– India, the date moves to January 22, 2020.
  • As for F-2A - India for the September 2026 visa bulletin, it advances again – this time to August 22, 2026. Other countries also moved ahead: China moved ahead to August 22, 2026, and so does the World. And for Mexico, the date moved ahead to August 22, 2025. Philippines also advances to August 22, 2026.
  • As early as back in the August 2023 visa bulletin, the DOS had also explained that the F2B – Unmarried Son and Daughters (21 years of age or older) of Permanent Resident, is experiencing steady usage throughout the years.
  • However, for the latest September 2026 visa bulletin, U.S. Department of State has decided to advance a few of these categories in F2B:
    • India does move ahead to August 22, 2019.
    • China also advances to August 22, 2019.
    • The rest of the world also advances to August 22, 2019.
    • Mexico stays on February 15, 2009, and the Philippines also stayed on June 1, 2013.
  • There was some significant movement in the F-3 dates though (Married Sons and Daughters of U.S. citizens):
    • India – moved ahead to October 22, 2014.
    • China – moved ahead to October 22, 2014.
    • The rest of the world also moved ahead to October 22, 2014.
    • Mexico stayed on July 1, 2001.
    • The Philippines stayed on February 22, 2006.
  • In the F-4 (brother and sister of U.S. citizen) category, dates significantly moved for many countries for September 2026 (brother or sister of U.S. citizen):
    • India – stays on November 1, 2006
    • China – moves ahead to October 22, 2011.
    • The rest of the world also advances to October 22, 2011.
    • Mexico stays the same on April 8, 2001.
    • The Philippines moved ahead to August 22, 2007

Even at the end of the Fiscal Year 2026, the U.S. Department of State is still doing its best to try and keep the various employment-based and family-based visa numbers in steady movement and to not have the visa numbers be used up too quickly. But with still high demand for these visas, Department of State will continue to be cautious in how it sets its monthly visa number goals, especially for India, which saw significant retrogressions in the EB-1 and the nonavailability of EB-2 visa category for Indian nationals through September 30, 2026. In the next few weeks, and particularly in September 2026, it may be possible to see some of the visa availability dates experience some early exhaustion of the visa numbers, especially as we move closer towards the end of the fiscal year 2026. This is the period of time that we advise readers to keep their eyes out for any changes in this visa bulletin. For this key reason, we do encourage readers to check in this space regularly for any further updates.

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