Visa BulletinJDSupra Immigration · 3 min read
September 2026 Visa Bulletin: EB-3 Dates Hold But Retrogression Risk Looms at FY2026 End
The final Visa Bulletin of FY2026 keeps EB-3 priority dates mostly unchanged, but the Dept. of State warns EB-1 India, EB-2, and EB-5 Unreserved categories could retrogress or become unavailable before September 30.
The Department of State has released the September 2026 Visa Bulletin, the last bulletin of Fiscal Year 2026. USCIS will continue accepting employment-based Adjustment of Status (AOS) applications using the Final Action Dates chart. Most employment-based categories remain unchanged from August, with only limited advancement in the EB-4 category for Certain Religious Workers.
For EB-3 applicants, the September dates hold steady: Worldwide (including El Salvador, Guatemala, Honduras, and Mexico) stays at September 1, 2024; China remains at January 1, 2022; India holds at January 1, 2014; and Philippines remains at August 1, 2023. Other Workers from India also remain at January 1, 2014, reflecting the ongoing years-long backlog for Indian nationals.
A critical warning accompanies this bulletin: continued high demand and visa usage could cause EB-1 India, EB-2, and EB-5 Unreserved categories to retrogress or become unavailable before the fiscal year closes on September 30, 2026. EB-2 India is already listed as unavailable for the entire month. EB-1 India, currently at October 15, 2022, faces a specific risk of becoming unavailable mid-month.
Employers and applicants should not assume that a category available on September 1 will remain open throughout the month. The Department of State and USCIS may issue mid-month unavailability notices as annual and per-country numerical limits are reached. Categories affected by retrogression are expected to resume availability when FY2027 begins in October 2026.
Action items for affected parties: maintain valid nonimmigrant status and work authorization rather than relying solely on anticipated green card approval; monitor USCIS and DOS announcements closely throughout September; and consult with immigration counsel to identify filing windows and avoid missed opportunities as the fiscal year concludes.