The U.S. Department of State has released the August 2026 Visa Bulletin, and U.S. Citizenship and Immigration Services (USCIS) has confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart to determine eligibility to file Form I-485 next month. The bulletin brings modest forward movement in several categories, but also renews warnings of possible retrogression before the fiscal year closes on September 30, 2026.
Employment-based movement. The most broadly relevant change is in the third preference (EB-3) category: the Final Action Date for all chargeability areas (Worldwide, or “Rest of World”) advanced one month to September 1, 2024. EB-3 China moved forward just over a week to January 1, 2022, while EB-3 India held at January 1, 2014 and EB-3 Philippines remained at August 1, 2023. In the first preference (EB-1), China advanced roughly one month to July 1, 2023, while EB-1 for the Worldwide category stayed Current and EB-1 India held at October 15, 2022.
EB-2 remains tight. The second preference (EB-2) category — the home of most National Interest Waiver (NIW) and advanced-degree petitions — stayed Current for Worldwide applicants, held at September 1, 2021 for China, and remained Unavailable for India after that country exhausted its pro-rated FY2026 allocation. Indian EB-2 applicants will need to wait for the new fiscal year (beginning October 1, 2026) for numbers to become available again.
Retrogression warnings ahead. The State Department cautioned that additional retrogression or temporary unavailability may be necessary in the coming weeks if demand outpaces the remaining visa supply for the fiscal year. Most notably, the bulletin flagged that EB-1 India may become unavailable before September 30. Applicants with approved or near-approved petitions and eligible priority dates should coordinate closely with counsel to file while numbers remain available.
What it means for applicants. Because USCIS designated the Final Action Dates chart for August employment-based filings, applicants must have a priority date earlier than the applicable Final Action Date to submit Form I-485. Worldwide EB-1 and EB-2 applicants remain Current and can file, EB-3 Worldwide applicants gain a one-month window of newly eligible priority dates, and Indian and Chinese applicants should watch the September bulletin closely for further movement or cutbacks.
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Source: U.S. Department of State — August 2026 Visa Bulletin