EB-3 Priority Date Alert: October 2026 Visa Bulletin Retrogression & New Filing Opportunities

The Department of State's October 2026 Visa Bulletin marks the start of fiscal year 2027 with renewed immigrant visa numbers and significant movement across employment-based categories. USCIS has confirmed that employment-based adjustment applicants may use the Dates for Filing chart in October, opening new filing windows for eligible applicants who had been waiting on cutoff date advancement. For EB-3 applicants, the bulletin brings mixed news. China EB-3 advances to January 8, 2022, and India EB-1 moves to February 1, 2023, with EB-2 reopening at a November 1, 2013 Final Action Date after being unavailable at the end of FY2026. However, the State Department has explicitly cautioned that some worldwide EB-2 and EB-3 dates have retrogressed as FY2027 begins, a necessary step to keep visa issuance within statutory quarterly and annual limits. EB-5 investors also see notable developments. India Unreserved reopens with a December 1, 2023 Final Action Date and a May 1, 2024 filing date, while China Unreserved sees its filing date advance substantially to March 1, 2021. Rural, High Unemployment, and Infrastructure set-aside categories remain current for all countries. In a separate but significant development, the U.S. Supreme Court has stayed a lower court order and temporarily allowed DHS to resume third-country removals — sending individuals to countries other than their home country — while it agrees to formally review the policy. The case, Department of Homeland Security v. D.V.D., is scheduled for oral argument in December 2026 and may affect individuals with final removal orders. Additionally, the Supreme Court allowed DHS to resume its expanded SAVE (Systematic Alien Verification for Entitlements) program, which now integrates Social Security Administration data for bulk citizenship verification. EB-3 applicants and employers should monitor priority date movements closely throughout early FY2027, as high demand could trigger further retrogression in upcoming bulletins.