EB-3 Retrogresses as FY2027 Opens: Sept 28 – Oct 4, 2026

Week in Review: September 28 – October 4, 2026

The October 2026 Visa Bulletin — the first of Fiscal Year 2027 — landed this week with retrogression for most worldwide EB-3 priority dates, a jarring reset just as many applicants hoped fresh annual visa numbers would push things forward. Layered on top of that: new USCIS fee increases, a significant court ruling on a blanket visa ban, and an unusual administrative sweep closing older employment authorization filings. A lot moved this week.

Visa Bulletin Update

The Department of State's October 2026 Visa Bulletin brought mostly bad news for EB-3 applicants in the worldwide chargeability area. For most countries — including Mexico and most of Latin America — the Dates for Filing cutoff moved backward from September 1, 2024 to August 1, 2024, a one-month retrogression.

Not every country moved in the same direction:

• Worldwide / All Other Countries EB-3: Dates for Filing retrogressed to August 1, 2024
• China EB-3: Advanced to April 1, 2024 — one of the few genuine bright spots
• India EB-3: Nudged forward to January 15, 2015 (from January 1, 2014)
• Philippines EB-3: Advanced to January 1, 2024

EB-2 (professionals with advanced degrees) was hit harder: worldwide EB-2 fell from "current" status all the way back to March 15, 2026, meaning applicants who could file last month may now have to wait. India EB-2, however, came back from "unavailable" to January 15, 2015 — a silver lining for Indian-born professionals who had been locked out entirely at the end of FY2026.

One important positive: USCIS confirmed it will use the Dates for Filing chart — not the Final Action Dates chart — to determine I-485 (Application to Register Permanent Residence) filing eligibility in October. This matters enormously: it allows applicants to submit their I-485 even when their Final Action Date isn't current, letting them get in the queue and start accruing Employment Authorization Document (EAD) and Advance Parole benefits while waiting for a visa number to become available.

Why does retrogression happen at the start of a fiscal year? October resets the annual visa quota of roughly 140,000 employment-based numbers. But pent-up demand — especially from heavily backlogged countries — can exhaust numbers quickly, forcing the State Department to pull dates back to stay within statutory quarterly limits. It's painful, but it's a structural feature of the system, not a one-off anomaly.

Practical checkpoint: If you had a consular interview or an I-485 filing window planned based on September dates, verify your priority date against the October charts right now. Applicants who already have an I-485 on file are generally insulated from retrogression — your place in line is preserved while you wait for a visa number.

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USCIS Fee Increases for FY2027

Effective Fiscal Year 2027, USCIS has announced inflation-based filing fee increases under the framework established by H.R. 1. The adjustment is tied to defined inflation indices — not a surprise rulemaking — and affects core EB-3 filings:

• Form I-140 (Immigrant Petition for Alien Workers)
• Form I-485 (Adjustment of Status application)
• Biometrics and premium processing supplements

Under USCIS rules, employers sponsoring EB-3 workers bear most I-140 costs, while workers typically cover I-485 and biometric fees. For applicants already navigating the retrogression this month, higher fees add a compounding financial burden.

What to do: If you or your employer plan to file new petitions after the FY2027 effective date, confirm the exact fee amounts on uscis.gov before submitting. Filing with incorrect fees is one of the most common — and entirely preventable — causes of rejection. Applicants with cases already in progress are generally locked into the fees paid at the time of filing and are not affected mid-process.

Policy & Legislative Updates

75-Country Visa Ban Vacated: On August 21, 2026, the U.S. District Court for the Southern District of New York struck down the State Department's blanket suspension of immigrant visa issuance for nationals of 75 countries — a policy that had been in effect since January 21, 2026. The ruling in Catholic Legal Immigration Network, Inc. v. Rubio (CLINIC v. Rubio) found three core violations of the Immigration and Nationality Act (INA): the policy discriminated based on nationality, it replaced individualized adjudication with a categorical ban, and the Secretary of State overstepped his authority over consular officers. Cases refused solely on the basis of nationality will be returned for re-adjudication on their individual merits. Important caveat: The Department of State has appealed, so the situation remains legally unsettled — but the ban is lifted while the appeal proceeds.

USCIS Naturalization Slowdown: DHS publicly cited a 75% decline in naturalization approvals this quarter and framed it as an achievement. USCIS data shows 742,138 pending N-400 (Application for Naturalization) cases as of June 2026. During Q3 FY2026 (April–June), the agency received 145,872 N-400 applications but completed only 70,539 — resolving fewer than half of incoming cases. The median processing time for regular naturalization is 9.5 months. The heaviest backlogs are concentrated in Houston (31,057 pending cases), Dallas (28,662), and Chicago (23,623). For EB-3 holders who have already received their green card and are planning the path to citizenship, these numbers set realistic expectations.

Administrative Alert: EAD and I-485J Closures

Immigration law firm Murthy Law is reporting a spike in administrative closure notices for older EAD (Employment Authorization Document) filings and I-485J portability supplements — filings directly tied to the green card process for employment-based applicants including EB-3. This appears to be a broad administrative sweep across USCIS, not isolated case decisions.

"Administratively closed" is not a denial, but it is not nothing either. For EB-3 applicants, an unexpected EAD closure could disrupt work authorization, and an I-485J closure could affect job portability rights — the ability to change employers while your I-485 is pending.

Action item: Check your physical mail and your USCIS case status online at uscis.gov. If you receive an unexpected USCIS notice, read it carefully and cross-reference it against your current case status. Do not assume any mailed notice is routine without verifying its contents.

What This Means for Your EB-3 Case

This was a dense week. Here are the five things worth watching:

1. Verify your October priority date now. If you're in the worldwide EB-3 category and had a September filing window, that window has closed for now. Check whether the Dates for Filing chart still covers you.

2. Already filed your I-485? Retrogression generally does not displace pending adjustment applications — your queue position is held. Confirm this with your employer's immigration team, but don't panic.

3. Budget for FY2027 fees. If your I-140 or I-485 filing is coming up, ask about updated costs before submitting. Filing with a stale fee amount can get your package rejected outright.

4. Nationals of the 75 affected countries: The August 21 court ruling means your consular case may be reopened for individual review. The appeal introduces uncertainty, but processing can now legally resume. Monitor your case status closely.

5. Check your mail. The EAD and I-485J administrative closure sweep is active. An unexpected USCIS notice sitting unopened on your kitchen table is a problem waiting to get worse.

This post is generated from immigration news published during the week of September 28 – October 4, 2026. Information is for reference only. Verify all details with official USCIS, DOL, and DOS sources.