The October 2026 Visa Bulletin, the first of fiscal year 2027, reopens EB-2 India at a final action date of November 1, 2013 and EB-5 unreserved India at December 1, 2023, but it retrogresses EB-2 for most countries from current to January 1, 2025 and EB-3 from September 1, 2024 to May 15, 2024. Whether you can file or be approved in October depends on your category, your country of chargeability, your priority date, and the chart USCIS designates for October adjustment filings, so check all four before acting.
Related FAQ: EB-1A or NIW: which is better for me?
What moved in employment-based final action dates?
Final action dates control when a green card can actually be approved. "C" means current; "U" means unavailable. The table compares the October 2026 bulletin with September 2026.
| Category | All other countries | China (mainland born) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C (Sept: C) | Jul. 1, 2023 (Sept: same) | Feb. 1, 2023 (Sept: Oct. 15, 2022) | C (Sept: C) | C (Sept: C) |
| EB-2 | Jan. 1, 2025 (Sept: C) | Oct. 1, 2021 (Sept: Sept. 1, 2021) | Nov. 1, 2013 (Sept: U) | Jan. 1, 2025 (Sept: C) | Jan. 1, 2025 (Sept: C) |
| EB-3 | May 15, 2024 (Sept: Sept. 1, 2024) | Jan. 8, 2022 (Sept: Jan. 1, 2022) | Jan. 1, 2014 (Sept: same) | May 15, 2024 (Sept: Sept. 1, 2024) | Aug. 15, 2023 (Sept: Aug. 1, 2023) |
| EB-3 Other Workers | Jan. 1, 2022 (Sept: Apr. 1, 2022) | Oct. 1, 2019 (Sept: May 1, 2019) | Jan. 1, 2014 (Sept: same) | Jan. 1, 2022 (Sept: Apr. 1, 2022) | Jan. 1, 2022 (Sept: Dec. 1, 2021) |
| EB-4 | Dec. 15, 2022 (Sept: same) | Dec. 15, 2022 (Sept: same) | Dec. 15, 2022 (Sept: same) | Dec. 15, 2022 (Sept: same) | Dec. 15, 2022 (Sept: same) |
| EB-5 unreserved | C (Sept: C) | Dec. 1, 2016 (Sept: same) | Dec. 1, 2023 (Sept: U) | C (Sept: C) | C (Sept: C) |
| EB-5 rural, high unemployment, infrastructure | C (Sept: C) | C (Sept: C) | C (Sept: C) | C (Sept: C) | C (Sept: C) |
And in dates for filing?
Dates for filing show when an applicant may assemble and submit paperwork, if the agency accepts that chart for the month.
| Category | All other countries | China (mainland born) | India | Philippines |
|---|---|---|---|---|
| EB-1 | C (Sept: C) | Jul. 1, 2024 (Sept: Dec. 1, 2023) | Jul. 1, 2024 (Sept: Dec. 1, 2023) | C (Sept: C) |
| EB-2 | Mar. 15, 2026 (Sept: C) | Jan. 1, 2023 (Sept: Jan. 1, 2022) | Jan. 15, 2015 (Sept: same) | Mar. 15, 2026 (Sept: C) |
| EB-3 | Aug. 1, 2024 (Sept: C) | Apr. 1, 2024 (Sept: Jan. 8, 2022) | Jan. 15, 2015 (Sept: same) | Jan. 1, 2024 (Sept: same) |
| EB-3 Other Workers | Jun. 1, 2022 (Sept: Aug. 1, 2022) | Oct. 1, 2020 (Sept: Oct. 1, 2019) | Jan. 15, 2015 (Sept: same) | Jun. 1, 2022 (Sept: Aug. 1, 2022) |
| EB-4 | Jan. 1, 2025 (Sept: Jan. 1, 2023) | Jan. 1, 2025 (Sept: Jan. 1, 2023) | Jan. 1, 2025 (Sept: Jan. 1, 2023) | Jan. 1, 2025 (Sept: Jan. 1, 2023) |
| EB-5 unreserved | C (Sept: C) | Mar. 1, 2021 (Sept: Mar. 1, 2017) | May 1, 2024 (Sept: same) | C (Sept: C) |
Mexico matches the "all other countries" column on this chart. All three EB-5 set-asides remain current on the dates for filing chart for every country.
What does the State Department say about retrogression?
The bulletin explains the Rest of World movement in its section on FY 2027 availability, in full:
"With the availability of FY 2027 immigrant visa numbers, dates for filing and final action dates have advanced across various immigrant visa categories. However, some employment-based visa categories for "Rest of World" countries have retrogressed, and these retrogressions are necessary to keep visa issuances within FY 2027 quarterly and annual limits. This situation is being continually monitored, and any necessary adjustments will be made accordingly."
The bulletin also restates the numbers that frame the year: an annual family-sponsored preference minimum of 226,000, an employment-based limit of at least 140,000, and a per-country limit of 25,620. Separately, it reports that H.R. 6500, signed September 2, 2026, "extends the Employment Fourth Preference Certain Religious Workers (SR) category through December 11, 2026."
What changed for India and China in EB-2 and EB-3?
India. EB-2 India was unavailable in the September bulletin, as we explained in EB-2 India Is Unavailable Until October. The new fiscal year restores it at November 1, 2013. EB-3 India holds at January 1, 2014, now slightly ahead of EB-2, and both categories share a January 15, 2015 date for filing. EB-1 India advances to February 1, 2023, more than nine years ahead of EB-2.
China. EB-2 China inches forward one month to October 1, 2021; EB-3 China moves one week to January 8, 2022. The larger change is on the filing chart: EB-2 China jumps to January 1, 2023 and EB-3 China to April 1, 2024.
Everyone else. For most countries, EB-2 was current in September and now has a final action date of January 1, 2025. EB-3 moved back three and a half months. An applicant whose priority date was current last month may not be current now.
What does October mean for EB-5 investors?
EB-5 unreserved India returns at December 1, 2023; mainland China stays at December 1, 2016, with its filing date advancing four years to March 1, 2021. The rural, high unemployment and infrastructure set-asides remain current for every country on both charts. By statute, 20 percent of EB-5 visas are reserved for rural areas, 10 percent for high unemployment areas and 2 percent for infrastructure.
Two dates matter this week and this quarter:
- September 30, 2026 (Wednesday). Under 8 U.S.C. 1153(b)(5)(S), DHS "shall continue processing petitions" for regional center investments "that were filed on or before September 30, 2026" if the program's authorization lapses. The program is authorized through September 30, 2027. The protection applies only against a lapse; it does not guarantee approval or speed. See our grandfathering analysis.
- January 1, 2027. The minimums of $800,000 (targeted employment area or infrastructure) and $1,050,000 (elsewhere) apply until the statutory inflation adjustment takes effect on January 1, 2027. No agency has published the adjusted figures. See our inflation adjustment analysis.
Family-based highlights
Family final action dates for most countries did not move in F1, F2B, F3 or F4. F2A advanced one month to September 22, 2026, and F2A Mexico advanced seven months to March 22, 2026. Mexico also advanced in F1 (September 8, 2008), F2B (May 15, 2010) and F4 (April 22, 2001). The Philippines advanced in F1 (November 1, 2013), F2B (October 1, 2013), F3 (July 22, 2006) and F4 (May 15, 2008). F4 India moved to December 15, 2006.
Which chart does USCIS accept for October?
The bulletin itself directs applicants to "Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used" for adjustment filings. We were unable to confirm the October 2026 designation on the USCIS page at publication, so we do not state it here. Check that page before filing any Form I-485.
Key numbers
- Bulletin: Visa Bulletin for October 2026, Number 19, Volume XI, first of FY 2027.
- EB-2 India final action date: November 1, 2013 (unavailable in September).
- EB-2 for most countries: January 1, 2025 (current in September).
- EB-3 for most countries: May 15, 2024 (September 1, 2024 in September).
- EB-5 unreserved India: December 1, 2023 (unavailable in September); set-asides current.
- EB-5 minimums: $800,000 and $1,050,000 until the January 1, 2027 inflation adjustment.
What to do
- Employers: re-run every pending PERM and I-140 case against the October dates, especially Rest of World EB-2 and EB-3 employees whose priority dates were current in September. Do not file an I-485 until you have checked the USCIS chart designation for October.
- Employers with Indian employees in EB-2: priority dates before November 1, 2013 can move toward approval again. Confirm that medical exams and employment verification letters in pending files are current.
- Self-petitioners (EB-1A and NIW): outside China and India, EB-1 remains current while EB-2 now has a January 1, 2025 cutoff; that gap may favor EB-1A where the record supports it. See The Ten EB-1A Criteria Explained.
- Investors: regional center investors who want the statutory grandfathering protection must file by September 30, 2026. Indian investors should compare unreserved (December 1, 2023) with set-aside projects, which remain current. Treaty nationals comparing options can start with How Much to Invest for an E-2 Visa.
- Families: check your category and country in the October tables; F2A, Mexico and Philippines applicants saw the most movement.
- Everyone: the State Department says it is monitoring and will adjust "accordingly." Re-check the bulletin each month.
Related reading
- Samper Law PERM and green card practice
- EB-1A or NIW: which is better for me?
- EB-2 India Is Unavailable Until October. Here's What It Means for Your Workforce Plan.
- The Ten EB-1A Criteria Explained, With the Evidence That Satisfies Each
- How Much to Invest for an E-2 Visa: What Counts as Substantial, With Real Business Examples
- EB-5 Grandfathering Ends September 30. Here Is What a Filing Actually Protects.
- EB-5's First Inflation Adjustment Lands January 1, 2027. The Trigger Is Your Filing Date.
- Samper Law FAQ
Sources
- U.S. Department of State, Visa Bulletin for October 2026
- U.S. Department of State, Visa Bulletin for September 2026
- U.S. Department of State, The Visa Bulletin (index)
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin
- 8 U.S.C. 1153, including (b)(5)(B), (b)(5)(C), (b)(5)(E) and (b)(5)(S) (Office of the Law Revision Counsel)
Accurate as of September 29, 2026.

Founder and Managing Attorney of Samper Law, Lidice leads the firm's uncompromising litigation standards with relentless advocacy and strategic precision honed across federal and state courts.
