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.

· Source: JDSupra Immigration
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.

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