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September 2026 Visa Bulletin: EB-2 India Remains Unavailable as State Department Warns of Further Retrogression Before Fiscal Year End

The U.S. Department of State's September 2026 Visa Bulletin — the final bulletin of Fiscal Year 2026 — holds employment-based final action dates steady while keeping EB-2 India unavailable for a third straight month. The State Department warns that EB-1 India, EB-2 worldwide, and EB-5 unreserved categories could retrogress or become unavailable before September 30, even as family-based categories see historic multi-year advances.

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Almina GozdemirGenel Yayın Yönetmeni
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The U.S. Department of State has released its September 2026 Visa Bulletin, closing out the final month of Fiscal Year 2026 with a tale of two systems:
family final action dates surged, while employment dates barely moved at all.

For the hundreds of thousands of employment-based green card applicants — particularly Indian nationals in the EB-2 category — the bulletin reinforces a frustrating fiscal year-end reality.
EB-2 remains unavailable for Indian nationals
, now for a third consecutive month, and the Department of State has issued fresh warnings that additional categories could face the same fate before the fiscal year closes on September 30.

Employment-Based Categories: Frozen in Place

EB-1, EB-2, and EB-3 final action dates are unchanged from August across every chargeability area.

EB-4, including certain religious workers, is the one category that moved: the final action date advanced two months, to December 15, 2022, for all countries.

USCIS determined that, for September 2026, applicants in all employment-based preference categories must use the Final Action Dates chart.
This means that the more generous Dates for Filing chart is not available to employment-based adjustment of status applicants this month — a posture USCIS has maintained for several consecutive months as visa number demand has intensified.

The key employment-based final action dates for September include:

  • EB-1 India: October 15, 2022
  • EB-2 India: Unavailable
  • EB-2 China: September 1, 2021
  • EB-2 All Other Countries: Current
  • EB-3 India: January 1, 2014
  • EB-5 India Unreserved: Unavailable

The EB-2 India Shutdown: What It Means

The U.S. Department of State has confirmed that the EB-2 India immigrant visa category has reached its annual fiscal year 2026 limit and is now unavailable through September 30, 2026.
The category first became unavailable in late May, when the State Department announced it had exhausted India's pro-rated EB-2 allocation.
This followed consecutive months of retrogression — the May 2026 bulletin placed India EB-2 at July 15, 2014, June pulled it back to September 1, 2013, and July took it entirely off the table.

For applicants with pending cases, immigration attorney Nicole Gunara of Manifest Law offered some reassurance:
"The government can still receive your case, schedule interviews, and even issue separate benefits like advance parole or a work permit. They just can't finish the process and grant you the green card."

A closed category does not cancel a pending I-485. Cases stay pending, and applicants keep their work permits and Advance Parole — USCIS simply cannot approve them until numbers free up.

State Department Warns of More Possible Shutdowns

Perhaps the most consequential element of the September bulletin is what lies ahead in the final weeks before September 30.
According to the State Department, EB-1 India may become unavailable in the coming weeks due to high demand and use of immigrant visa numbers in that category.

Also, the EB-2 and EB-5 unreserved categories may retrogress or become unavailable before the end of September due to sustained demand and increased immigrant visa number use.

If an annual or category limit is reached, the State Department can make the category unavailable even before the month ends.
This means applicants in these categories should be prepared for potential mid-month changes that could halt approvals without advance notice.

A Record Month for Family-Based Categories

While employment-based applicants face stagnation,
family categories got their largest month of the fiscal year. F3 gained 29 months, F4 nearly 26, F2B close to 20, and F1 more than 13 — beating August, which was already the family record for FY2026.

On the Final Action Dates chart, F3 Worldwide, China, and India advance an impressive 2 years and 5 months, F4 Worldwide and China move forward 2 years and 1 month, and F2B Worldwide, China, and India advance 1 year and 7 months.

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. Unfortunately, movement of September dates may have come much too late, since the September processing capacity at consular posts may be insufficient to fully utilize the required numbers.

USCIS determined that family-sponsored preference category applicants must use the Dates for Filing chart
— a more applicant-friendly approach that allows earlier submission of adjustment of status applications.

FY 2026 by the Numbers

The agency reports that the FY 2026 worldwide employment-based preference limit is 186,317.
That figure is well above the statutory floor of 140,000 because
the Immigration and Nationality Act guarantees 140,000 employment-based green cards a year, plus any family-based numbers that went unused the year before. Family immigration fell short in FY 2025, so about 46,000 numbers rolled over.

Despite the extra numbers,
for Indian nationals and employers sponsoring highly skilled workers, this development underscores a growing reality: because "Rest of World" demand is now consuming virtually all available employment-based immigrant visa numbers, India EB-2 and EB-3 applicants are expected to receive very limited visa availability in the coming fiscal year as well.

What Applicants Should Do Now

The start of FY 2027 on October 1, 2026, will bring a fresh allocation of visa numbers.
EB-2 India is expected to stay Unavailable through September 2026, with a cutoff date returning on October 1, 2026, when the new fiscal year's visa quota opens. The July 2026 bulletin's notes say the date is expected to advance to at least July 15, 2014.

However,
unused numbers do not carry forward, and because this surplus rides on leftover family numbers, FY 2027 could look nothing like FY 2026.

Here are practical steps applicants should consider:

1. Monitor mid-month updates closely. The State Department can change category availability at any time before September 30. EB-1 India applicants who are currently eligible should file without delay.

2. Prepare for October.
A year with extra numbers can create real opportunities — but only if you are ready to act when your priority date becomes current. Have your Adjustment of Status or consular processing documents prepared in advance so you can file quickly.

3. Consider cross-chargeability.
Cross-chargeability allows you to be charged to your spouse's country of birth instead of your own. If your spouse was born in a country with a more favorable
cutoff date, this could open a path forward.

4. Family-based applicants should act. The dramatic advances in F3 and F4 categories caught many applicants by surprise.
Two years of movement caught a lot of people by surprise
— check your priority date against the new cutoff dates before assuming you are still waiting.

5. Understand naturalization benefits.
A green card holder with family waiting can naturalize, which converts a spouse and minor children into Immediate Relatives — and the preference wait disappears entirely.

Looking Ahead

September movement should not be assumed to continue at the same pace in October. A category that becomes unavailable because its FY2026 allocation has been exhausted may become available again when the new fiscal year begins. Conversely, a family-sponsored category that advances sharply in September can later be recalibrated if additional demand appears.

The October 2026 Visa Bulletin — the first of FY 2027 — is typically published in mid-September and will set the tone for the year ahead. For the millions of applicants in the green card queue, the stakes could not be higher.

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Almina Gozdemir

Genel Yayın Yönetmeni

Almina Gozdemir, ClinchLaw Göçmenlik Haberleri editöryal ekibini yönetmektedir. Hukuk gazeteciliği ve göçmenlik politikası analizi konusundaki kapsamlı deneyimiyle, tüm editöryal içeriğin doğruluğunu, netliğini ve güncelliğini denetlemektedir. Karmaşık ABD göçmenlik hukukunu farklı kitlelere anlaşılır kılmaya adanmıştır.

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