October 2026 Visa Bulletin: Major Changes in EB-1, EB-2, EB-3 and EB-5

Reviewed by: Beth Persky, Esq.

Introduction

The October 2026 Visa Bulletin is the first bulletin of fiscal year 2027, and it’s got a mixed bag for those waiting for an immigrant visa. EB-2 India and EB-5 Unreserved India, which were listed as Unavailable in September, are back up and running again with new Final Action Date: November 1, 2013 and December 1, 2023, respectively. Several China and India cutoffs advanced, including a four-year move in the EB-5 Unreserved Date for Filing for China. At the same time, EB-2 for the Rest of World (all chargeability areas except the ones listed separately), Mexico and the Philippines have all been moved back to a January 1, 2025 Final Action Date, while EB-3 for the Rest of World and Mexico have actually retrogressed. Which way this Visa Bulletin moves things for you depends a lot on your category of application and what country your chargeability is in.

The Department of State (DOS) points to the new supply of visa numbers for FY 2027 as the reason for the advances in some cases, like the India reopenings and the China Dates for Filing movement. But it points to the need to keep the numbers of visas issued within the quarterly and annual limits set for FY 2027 as the reason for the retrogressions in other cases, like the Rest of World EB-2, EB-3 and Other Workers.

USCIS also made a change about which chart employment-based Adjustment of Status applicants need to use. Employment-based Form I-485 filings in September 2026 had to use the Final Action Dates chart – but for October 2026, USCIS is now saying the Dates for Filing chart has to be used. That switch makes a big difference in whether or not a Form I-485 can be filed in October.

Why do September and October 2026 tell such different stories?

September 2026 was the last month of FY2026. By that point, DOS had reached the FY2026 limit in certain categories, which is why EB-2 India and EB-5 Unreserved India were listed as Unavailable (U). “U” means no immigrant visa numbers were authorized for issuance in that category and country for that month.

October 1 starts FY2027 with a new annual supply of visa numbers under INA 201 and INA 203. That new supply is why previously Unavailable categories have Final Action Dates again. DOS also may make reasonable estimates of the visas to be issued in each quarter (INA 203(g)) and manages cutoff dates so that demand does not consume the year’s numbers in the first weeks. That is the stated reason the Rest of World EB-2 and EB-3 cutoffs moved backward even as other categories moved forward.

Which chart does USCIS use for Adjustment of Status in October 2026?

DOS publishes two charts each month: Application Final Action Dates (when a visa number can actually be used to approve a case or issue a visa) and Dates for Filing (an earlier threshold that lets applicants submit paperwork before a number is available). USCIS decides each month which chart Adjustment of Status applicants inside the United States may use.

According to the USCIS Adjustment of Status Filing Charts page, USCIS designated the following:

For employment-based applicants in the United States, the Dates for Filing chart controls whether Form I-485, Application to Register Permanent Residence or Adjust Status, can be filed in October 2026. Final Action Dates still control when USCIS can approve a pending Form I-485 and when a consulate can issue an immigrant visa.

Applicants processing through a U.S. consulate do not choose a chart. The National Visa Center uses Dates for Filing to request documents, and the Final Action Date governs visa issuance.

EB-1: what changed from September to October 2026?

India is the only EB-1 movement. The September bulletin had warned that EB-1 India demand could force the category to become Unavailable before the fiscal year ended. Instead, the new fiscal year opened with the cutoff advancing.

EB-1 Dates for Filing also advanced for both China and India, from December 1, 2023 to July 1, 2024. Because USCIS is using the Dates for Filing chart for employment-based filings in October, an EB-1 applicant chargeable to India or China with a priority date earlier than July 1, 2024 may file Form I-485 in October if the Form I-140 is approved or filed concurrently, the applicant is physically present in the United States, and the applicant meets the other Adjustment of Status requirements under INA 245 (including lawful status or an exemption under INA 245(k)). A visa number is still not available for final approval until the Final Action Date passes the priority date.

EB-2 and EB-2 NIW: who improved and who retrogressed?

The National Interest Waiver (EB-2 NIW) uses the EB-2 line of the Visa Bulletin. There is no separate NIW cutoff.

EB-2 Dates for Filing moved in the same directions. Rest of World, Mexico and the Philippines went from Current to March 15, 2026. China advanced from January 1, 2022 to January 1, 2023. India stayed at January 15, 2015.

Consequences for filing and approval:

• A Rest of World, Mexico or Philippines EB-2 or NIW applicant with a priority date on or after January 1, 2025 was within the Final Action cutoff in September and is not in October. If Form I-485 is already pending, USCIS cannot approve it until the Final Action Date again passes the priority date. If the case is at a consulate, the visa cannot be issued until then.
• A Rest of World, Mexico or Philippines applicant with a priority date earlier than March 15, 2026 may still file Form I-485 in October, because USCIS is using the Dates for Filing chart, if the Form I-140 is approved or filed concurrently and the applicant meets the INA 245 requirements. A priority date on or after March 15, 2026 cannot be used to file in October.
• An India EB-2 applicant with a priority date earlier than November 1, 2013 is within the Final Action cutoff again after a month with no numbers at all.

Saying “EB-2 advanced in October” without naming the country would be inaccurate. For applicants chargeable to the Rest of World, Mexico or the Philippines, EB-2 visa availability is worse in October than it was in September.

EB-3 and Other Workers: where did dates move backward?

EB-3 Professionals and Skilled Workers, Final Action Dates:

EB-3 Other Workers, Final Action Dates:

On the Dates for Filing chart, EB-3 Rest of World and Mexico moved from Current to August 1, 2024, while EB-3 China advanced from January 8, 2022 to April 1, 2024, a jump of roughly 27 months. EB-3 India stayed at January 15, 2015 and EB-3 Philippines stayed at January 1, 2024. Other Workers China advanced from October 1, 2019 to October 1, 2020. Other Workers for Rest of World, Mexico and the Philippines moved back from August 1, 2022 to June 1, 2022.

In both EB-3 Final Action tables, China and the Philippines advanced, India did not move, and the Rest of World and Mexico retrogressed.

EB-5: what changed for India, China and the set-aside categories?

EB-5 Unreserved, Final Action Dates:

EB-5 Unreserved Dates for Filing: China advanced from March 1, 2017 to March 1, 2021, a four-year move and the largest single date movement in the October bulletin. India stayed at May 1, 2024.

The EB-5 set-aside categories (Rural, High Unemployment and Infrastructure) are listed as Current for every chargeability area in both September and October. They did not “become” Current in October. They remained Current. For investors chargeable to India or China, the set-asides continue to be the only EB-5 categories without a cutoff date, which is a central reason those investors consider a set-aside project. Whether a project qualifies for a set-aside is determined by USCIS through the regional center’s project application (Form I-956F), and the individual investor’s eligibility is decided on Form I-526E. The Visa Bulletin decides neither.

EB-4: did anything change?

The EB-4 Final Action Date stayed at December 15, 2022 for all chargeability areas. The EB-4 Date for Filing advanced from January 1, 2023 to January 1, 2025. The October bulletin also notes that the Certain Religious Workers (SR) category was extended through December 11, 2026 and follows the EB-4 dates. That is a program extension, not an improvement in the Final Action cutoff.

Which Dates for Filing moved the furthest?

Because USCIS is applying the Dates for Filing chart to employment-based Form I-485 filings in October 2026, these movements determine who can file in October. Filing under Dates for Filing does not mean a visa number is available; approval still waits for the Final Action Date. A pending Form I-485 does allow the applicant to request employment authorization (Form I-765) and advance parole (Form I-131).

What about family-based categories?

Family categories moved forward almost across the board. Notable Final Action movements include F2B Mexico (February 15, 2009 to May 15, 2010, about 15 months), F2A Mexico (August 22, 2025 to March 22, 2026, about 7 months), F4 Philippines (August 22, 2007 to May 15, 2008, about 9 months), and F2A for all other chargeability areas (August 22, 2026 to September 22, 2026). On the Dates for Filing chart, F3 Mexico advanced from July 15, 2001 to December 1, 2002, roughly 16.5 months, and F2A remained Current for every chargeability area. USCIS is using the Dates for Filing chart for family-sponsored Form I-485 filings in October, as it did in September.

Are FY2026 and FY2027 visa totals comparable?

The September bulletin reported a finalized FY2026 worldwide employment-based limit of 186,317 and a per-country limit of 28,862. The October bulletin states the FY2027 employment-based level at the statutory minimum of 140,000 under INA 201(d), with an initial per-country limit of 25,620.

These are not a like-for-like comparison. The FY2026 number was a final figure that included unused family-sponsored numbers from the prior year. The FY2027 number is the opening statutory floor; the eventual FY2027 total can change once DOS determines how many FY2026 family-sponsored numbers went unused. Describing this as a 46,317-visa cut would be inaccurate.

What should you do if your category retrogressed?

• Pending Form I-485, priority date now past the Final Action Date: The application stays pending. USCIS cannot approve it until the Final Action Date again passes your priority date. You generally keep the ability to request or renew employment authorization and advance parole based on the pending application.
• Not yet filed, Rest of World, Mexico or Philippines EB-2 with a priority date earlier than March 15, 2026: Because USCIS is using the Dates for Filing chart in October, filing Form I-485 is possible in October if the Form I-140 is approved or filed concurrently and you meet the INA 245 requirements. USCIS can change the chart designation in any month, so an option available in October may not exist in November.
• Consular cases: An immigrant visa cannot be issued unless a visa number is available under the applicable Final Action Date for your priority date.
• Considering a different category: An applicant with a pending Form I-485 may, in some cases, ask USCIS to transfer its underlying basis to another approved Form I-140, or to a pending Form I-140 where concurrent filing is permitted. Under USCIS Policy Manual Volume 7, Part A, Chapter 8, USCIS requires that the applicant has continuously maintained eligibility for Adjustment of Status, that a visa is available under the new basis, and that the applicant is eligible for the new category. USCIS grants or denies the request as a matter of discretion.

Frequently asked questions about Visa Bulletin

• Did EB-2 India become Current in October 2026?

  No. EB-2 India moved from Unavailable in September to a Final Action Date of November 1, 2013 in October. Only applicants chargeable to India with priority dates earlier than November 1, 2013 are within the cutoff for final approval. The Date for Filing for EB-2 India stayed at January 15, 2015.

• Why did EB-2 Rest of World go from Current to January 1, 2025?

  DOS states in the October bulletin that it retrogressed some Rest of World employment categories to keep visa issuance within FY2027 quarterly and annual limits. Mexico and the Philippines are listed as separate chargeability areas in the bulletin, and each also shows a January 1, 2025 EB-2 Final Action Date in October 2026. Only China and India have different EB-2 dates.

• Which chart do I use to file Form I-485 in October 2026?

  Per the USCIS Adjustment of Status Filing Charts page, employment-based and family-sponsored applicants both use the Dates for Filing chart in October 2026. In September 2026, employment-based applicants had to use the Final Action Dates chart. USCIS announces this designation monthly and it can change.

• Does the EB-2 NIW have its own Visa Bulletin cutoff?

  No. The NIW is an EB-2 petition, so it follows the EB-2 row for the beneficiary’s country of chargeability. A Rest of World NIW beneficiary is subject to the January 1, 2025 Final Action Date and the March 15, 2026 Date for Filing in October 2026.

• Are the EB-5 set-aside categories new in October 2026?

  No. The Rural, High Unemployment and Infrastructure set-asides were Current for all chargeability areas in September and remain Current in October. Only EB-5 Unreserved carries cutoff dates, and only for China and India.

• If my priority date retrogressed after I filed Form I-485, do I lose my application?

  No. A properly filed Form I-485 remains pending. USCIS cannot approve it until a visa number is available, but the pending application generally supports requests for employment authorization and advance parole.

• What is my country of chargeability?

  Chargeability is generally determined by country of birth, not citizenship. INA 202(b) allows cross-chargeability in limited situations, for example to a spouse’s country of birth when both are immigrating together. This can change which column of the bulletin applies to you.

• Can EB-5 China Dates for Filing really have moved four years in one month?

  Yes. The October bulletin lists March 1, 2021 for EB-5 Unreserved China on the Dates for Filing chart, compared with March 1, 2017 in September. The Final Action Date for EB-5 Unreserved China stayed at December 1, 2016, so this affects who can file, not who can be approved.