October 2026 Visa Bulletin Alert: EB-3 Priority Dates Retrogress – Employer Action Plan

The U.S. Department of State released the October 2026 Visa Bulletin, and USCIS has confirmed it will use the 'Dates for Filing' chart — rather than the Final Action Dates chart used in September — to determine Form I-485 filing eligibility. This monthly shift means applicants may be eligible to file even without a visa number immediately available for final approval. For EB-3 applicants, October brings mixed news. Most chargeability areas and Mexico see a one-month retrogression, with the filing cutoff moving back from September 1, 2024 to August 1, 2024. The Philippines, however, advances to January 1, 2024, and India EB-3 moves forward slightly from January 1, 2014 to January 15, 2015. China EB-3 sees notable forward movement to April 1, 2024. EB-1 remains current for all chargeability areas except China and India, both of which advance to July 1, 2024. EB-2 applicants outside of China and India face a new filing cutoff of March 15, 2026 after previously being current, while India EB-2 becomes eligible to file for the first time at January 15, 2015 under the Dates for Filing chart. Employers are advised to compare their foreign national employees' I-140 priority dates against the new cutoffs immediately. Pending I-485 applications unaffected by Final Action Date changes may continue to accrue associated benefits such as employment authorization and advance parole while awaiting a visa number. As always, applicants and employers should consult the official State Department Visa Bulletin and USCIS October filing chart before taking any action, as filing under Dates for Filing does not guarantee visa approval.