The U.S. Department of State has released the September 2026 Visa Bulletin — the final bulletin of Fiscal Year 2026 — and it carries an urgent message for employment-based green card applicants:
the State Department warns that EB-1 India, EB-2 (all countries), and EB-5 Unreserved categories may retrogress or become unavailable before the fiscal year closes on September 30, 2026.
At the same time, the bulletin delivers some of the most dramatic forward movement in family-sponsored categories seen in recent memory, creating a striking split between the two immigration tracks as FY 2026 draws to a close.
Employment-Based Categories: Frozen With a Storm Warning
The September 2026 Visa Bulletin Final Action Dates chart indicates no changes from August 2026 in the EB-1, EB-2, EB-3, and EB-5 categories.
Specifically:
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EB-1: China and India remain at July 1, 2023, and October 15, 2022, respectively.
All other countries continue to be current.
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EB-2: China remains at September 1, 2021; India continues to be unavailable; all other countries remain current.
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EB-3 Professionals and Skilled Workers: China remains at January 1, 2022, India at January 1, 2014, and the Philippines at August 1, 2023, with all other countries holding steady at September 1, 2024.
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EB-4: The one category that moved — the final action date advanced two months to December 15, 2022, for all countries.
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EB-5: The unreserved category remains unavailable for India, while the three EB-5 set-aside categories — rural, high unemployment, and infrastructure — remain current for all countries.
But beneath these static numbers lies a critical warning.
For EB-1 India, high demand and number usage may cause unavailability, delaying further approvals until new visa numbers become available in FY2027, which begins on October 1, 2026.
For EB-2 across all countries, increased demand and number usage may cause retrogression of the final action date or temporary unavailability before fiscal year-end, potentially delaying immigrant visa and adjustment of status approvals.
A new EB-5 warning also appeared in September that was absent from the August bulletin: DOS may retrogress or make the EB-5 unreserved category unavailable before the fiscal year ends.
Observers note that when the Visa Office adds a category-specific warning in the final month of a fiscal year, it rarely amounts to precautionary boilerplate.
What Drove EB-2 India to "Unavailable"?
The EB-2 India situation did not arrive overnight.
The U.S. Department of State confirmed that the EB-2 India immigrant visa category reached its annual fiscal year 2026 limit and is now unavailable through September 30, 2026.
In recent years, global employment-based demand has surged, and countries that previously underutilized immigrant visa numbers are now using their full allocations.
That shift has eliminated much of the "spillover" that historically benefited Indian nationals in oversubscribed categories.
Although visa numbers technically reset on October 1, 2026, the broader structural issue remains unchanged: worldwide demand for employment-based visas is now extraordinarily high, and unless Congress increases quotas or recaptures unused visa numbers, Indian EB-2 and EB-3 applicants should anticipate continued severe backlogs in the years ahead.
Family-Based Categories: Historic Forward Movement
In stark contrast to the employment-based freeze,
the State Department is closing out Fiscal Year 2026 with one of the most dramatic splits between family-sponsored and employment-based immigration categories in recent memory.
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F-1 (Unmarried sons and daughters of U.S. citizens): Advanced from June 15, 2019, to February 1, 2020 — a jump of about 7.5 months.
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F-2B (Unmarried adult children of permanent residents): For most countries, including China and India, the Final Action Date advances from January 1, 2018, to August 22, 2019 — nearly 20 months of forward movement in a single bulletin.
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F-3 (Married sons and daughters of U.S. citizens): Final action dates for China, India, and all other chargeability areas surged forward by roughly 29 months, to October 22, 2014.
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F-4 (Siblings of U.S. citizens): Final action dates for China and all other areas advanced by approximately 26 months, to October 22, 2011.
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Mexico and the Philippines saw little to no movement, while F-2A remains current for all countries.
The Department of State attributes the movement to reduced immigrant visa issuance for nationals of certain countries under Administration policies affecting visa processing.
To maximize use of available FY 2026 visa numbers, DOS has advanced Final Action Dates and, in some categories, Dates for Filing.
Compounding Complications: Public Charge Rule and Interview Pause
Two additional developments are converging with the fiscal year-end crunch to create a uniquely challenging landscape for applicants.
First,
USCIS has released new policy guidance explaining how officers will determine whether an applicant is likely to become a public charge, which takes effect on September 18, 2026, and applies to Forms I-485 postmarked or electronically filed on or after that date.
Starting September 18, USCIS officers will be able to weigh a wider range of public benefits, including food stamps, Medicaid, and housing vouchers, when deciding whether to approve a green card application.
USCIS will also require a new 09/18/26 edition of Form I-485 on that date, with no grace period for the previous edition.
Second,
the State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training, and the agency has not publicly announced the duration or precise scope of this pause.
There is no pause on the adjudication of adjustment of status applications by USCIS,
but
interview delays will mean delays in issuance of the immigrant visa and entry to the United States as a lawful permanent resident, and even a short pause could produce longer delays as consular posts work through postponed appointments.
What Applicants Should Do Now
Employers and employees with pending cases in the EB-1 India, EB-2, or EB-5 Unreserved categories should watch for announcements that could affect visa availability as the fiscal year closes on September 30, 2026.
Given the risk of retrogression or unavailability, eligible applicants may want to consider filing sooner rather than later, particularly in light of USCIS form changes due to the new public charge standard taking effect on September 18, 2026.
For those in the EB-2 India category, the unavailability is a fiscal year phenomenon rather than a permanent change.
EB-2 India is expected to reopen in October when FY2027 numbers reset on October 1 — the current "U" reflects annual-limit exhaustion, not a permanent demand-driven retrogression.
Key practical steps for affected applicants include:
- Monitor bulletins closely. The State Department can issue mid-month updates making categories unavailable at any time before September 30.
- File adjustment applications promptly. If your priority date is current and you are eligible, act now — availability is not guaranteed through the end of the month.
- Prepare for October.
- Mind the September 18 deadline.
Because September is the final month of Fiscal Year 2026, the movements in family-based categories are best understood as visa-number management based on reported demand rather than as a direct measure of how much of the underlying backlog has been eliminated.
Applicants in both family-sponsored and employment-based categories should consult with an experienced immigration attorney to evaluate their options and filing strategy before the fiscal year clock runs out.
This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific — individuals should consult a qualified immigration attorney for guidance on their particular situation.