EB-3 Visa Bulletin Alert: September 2026 Final Action Dates Hold, Retrogression Warning Issued

USCIS has officially confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart from the September 2026 Visa Bulletin, issued by the U.S. Department of State. For EB-3 applicants, the news is stable: final action dates remain unchanged from August 2026, with the general category sitting at September 1, 2024 for most countries, January 1, 2014 for India, and August 1, 2023 for the Philippines. Despite the unchanged dates, the State Department issued a notable warning alongside the September bulletin. EB-1 India, EB-2 across all countries, and the EB-5 Unreserved category all face potential retrogression or outright unavailability before the fiscal year closes on September 30, 2026. High demand and accelerated visa number usage in these categories could trigger a freeze on further approvals until new numbers become available on October 1, 2026, when FY2027 begins. EB-2 India remains in a particularly difficult position, listed as "Unauthorized" (unavailable) for the month. Other categories at risk should be closely monitored by both employers and employees with pending petitions, as changes can occur with little advance notice toward fiscal year-end. Applicants in the at-risk categories — particularly EB-1 India, EB-2, and EB-5 Unreserved — are advised to file adjustment of status applications as soon as their priority date permits. This urgency is compounded by the new public charge standard taking effect on September 18, 2026, which introduces updated USCIS form requirements that applicants must comply with. Additionally, the State Department has temporarily paused immigrant visa interview appointments at consulates worldwide while training consular officers on the new public charge screening guidance. Applicants with pending consular interviews should check for updated scheduling information from their respective U.S. embassies or consulates.