Visa BulletinJDSupra Immigration · 3 min read

October 2026 Visa Bulletin Explained: Worldwide EB-2 No Longer Current as FY2027 Begins

For the first time since April 2026, worldwide EB-2 has a cutoff date in the October 2026 Visa Bulletin, with a Final Action Date of January 1, 2025. USCIS designated the Dates for Filing chart for October, creating three distinct applicant positions based on priority date.

· Source: JDSupra Immigration
The October 2026 Visa Bulletin marks the start of fiscal year 2027 with a significant shift: worldwide EB-2 is no longer current. After months of unrestricted filing, DOS has imposed a January 1, 2025 Final Action Date for EB-2 applicants chargeable to all countries except China and India. Mexico and the Philippines share this worldwide date. National Interest Waiver (NIW) applicants are equally affected by the new cutoff. Adding complexity, USCIS designated the Dates for Filing chart—not the Final Action Dates chart—for all employment-based adjustment-of-status filings in October. This means the relevant filing cutoff is March 15, 2026 for worldwide EB-2, while final approval remains gated at the January 1, 2025 Final Action Date. The gap of over 14 months between the two charts creates three distinct groups: those who can file and be approved, those who can file but must wait for approval, and those who cannot yet file at all. Applicants with a priority date between January 1, 2025 and March 14, 2026 fall into a provisional status—eligible to submit Form I-485 and concurrently file for work authorization (I-765) and advance parole (I-131), but unable to receive a final approval until the Final Action Date advances past their priority date. This pending period has no guaranteed timeline, as the Visa Bulletin does not forecast future date movements. For those who filed EB-2 adjustment applications in September 2026 when the category was fully current, retrogression in October does not invalidate those applications or reset priority dates. However, USCIS cannot issue final approval for cases with priority dates on or after January 1, 2025 until visa availability is restored. The underlying I-140 petition remains intact, and the adjustment application continues to be processed for all other eligibility requirements. While this bulletin primarily impacts EB-2 applicants, EB-3 visa holders should monitor these shifts closely. Visa number consumption across preference categories affects the overall annual cap, and priority date movements in EB-2 can indirectly influence EB-3 cutoff trajectories. EB-3 applicants should verify their category dates on both the Final Action Dates and Dates for Filing charts each month to determine their current filing and approval eligibility.

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