USCIS Backlog Grows Again: September 2026 Visa Bulletin Impact on EB-3 Wait Times

The USCIS backlog has continued its upward trend as of September 14, 2026, raising concerns for employment-based green card applicants across all preference categories, including EB-3. Agency resources remain strained as demand for immigration benefits continues to outpace adjudication capacity, a pattern that has persisted throughout the current fiscal year. In a separate but related development, the H2B cap for temporary nonagricultural seasonal workers has been reached. While H2B is a distinct visa category from EB-3, cap exhaustion signals high demand for employer-sponsored immigration pathways broadly, which can indirectly intensify competition for green card numbers and agency processing bandwidth. For EB-3 applicants — including skilled workers, professionals, and unskilled workers — a growing USCIS backlog has direct implications for I-140 petition adjudication times, I-485 adjustment of status processing, and responses to Requests for Evidence (RFEs). Applicants already in the queue should monitor their case status regularly and ensure all supporting documentation remains current. As the fiscal year draws to a close on September 30, 2026, unused visa numbers in certain categories may be redistributed. The State Department has issued warnings about visa quota closings at fiscal year-end, making it critical for applicants and their attorneys to track the October 2026 Visa Bulletin for any movement in EB-3 priority dates for FY2027. Applicants are encouraged to work closely with qualified immigration counsel to assess their position in the queue, verify priority date movement in upcoming visa bulletins, and prepare any pending filings before the fiscal year cutoff.