October 2026 Visa Bulletin: India EB-2 and EB-5 Reopen as Rest of World Retrogresses

The October 2026 Visa Bulletin was released by the Department of State on September 29, 2026-and it brings both major opportunities and important warnings.

This is the first Visa Bulletin of fiscal year 2027 (FY2027). The new fiscal year reset released a fresh supply of employment-based immigrant visa numbers, allowing several India and China categories to reopen or advance.

At the same time, the Department of State retrogressed several employment-based categories for applicants chargeable to the rest of the world. In other words, some green card lines moved forward while others moved backward.

If you have an employment-based or family-sponsored case, you should review your category, country of chargeability, and priority date now.

What is the Visa Bulletin, and why does October matter?

The Visa Bulletin is the Department of State’s monthly report showing when immigrant visa numbers are available.

Because Congress limits the number of employment-based and family-sponsored immigrant visas issued each year, many applicants must wait in line. Your place in that line is generally determined by your priority date.

October is especially important because the fiscal year begins on October 1. At the start of a new fiscal year, new annual visa numbers become available. That reset can cause categories to reopen or move forward after reaching their annual limits.

However, the reset does not guarantee continued forward movement. The Department of State cautioned that demand remains high and that dates may change quickly in either direction.

What is the headline for October 2026?

The biggest changes include:

• EB-1 India advanced 3.5 months, from October 15, 2022, to February 1, 2023.
• EB-2 India reopened at November 1, 2013, after being listed as Unavailable in September.
• EB-5 unreserved India reopened at December 1, 2023, after being Unavailable in September.
• EB-2 China advanced one month to October 1, 2021.
• EB-3 China advanced seven days for Final Action Dates, to January 8, 2022.
• China’s EB-3 Dates for Filing cutoff is April 1, 2024, representing substantial movement on the filing chart.
• Several rest-of-world categories retrogressed because baseline demand is higher than the available supply.

The practical result is counterintuitive: India and China applicants may see meaningful opportunities in October, while applicants from many other countries face earlier cutoff dates.

Which employment-based categories moved forward?

The following are the October 2026 Final Action Dates. The dates used to determine whether a green card may be approved or an immigrant visa may be issued.

Current means immigrant visa numbers are immediately available for qualified applicants in that category, subject to all other requirements.

A listed date is a cutoff date. Generally, your priority date must be earlier than the listed date, not the same date, to meet the applicable availability requirement.

What does this mean for EB-2 India and EB-2 NIW?

EB-2 India reopened at November 1, 2013. This is significant for applicants whose cases were affected when the category became Unavailable at the end of FY2026.

If you have an approved EB-2 petition or an approved EB-2 National Interest Waiver (NIW) petition, you should compare your priority date with both the Final Action Date and the Dates for Filing cutoff.

An NIW does not create a separate Visa Bulletin category. NIW applicants use the EB-2 cutoff for their country of chargeability. An approved I-140 petition also does not automatically mean that your green card can be approved immediately.

Who moved backward?

The Department of State retrogressed several rest-of-world categories:

• EB-2 Rest of World, Mexico, and the Philippines: moved from Current to January 1, 2025.
• EB-3 Rest of World, Mexico, and the Philippines: moved to May 15, 2024.
• EB-3 Other Workers: moved to January 1, 2022 for most countries.

Retrogression means that a cutoff date moves backward. This can delay final approval even if your case appeared eligible in a prior month.

The Department of State explained that baseline demand for rest-of-world employment-based visas is high. The new FY2027 allocation cannot keep every category Current while staying within statutory quarterly and annual limits.

The agency is monitoring demand and may adjust dates as the fiscal year continues. Further advancement is possible if demand slows, but additional retrogression is also possible if demand exceeds expectations.

What about EB-5?

October brings especially important news for EB-5 applicants.

EB-5 unreserved

The EB-5 unreserved category reopened for India at December 1, 2023. China remains subject to a December 1, 2016 Final Action Date, while the category remains Current for the rest of the world.

EB-5 set-asides

The EB-5 set-aside categories remain Current for all countries:

• Rural projects: 20% set-aside
• High-unemployment projects: 10% set-aside
• Infrastructure projects: 2% set-aside

A Current date is helpful, but it does not replace the need to prove eligibility under the EB-5 program. Your investment, source of funds, project, and other requirements must still satisfy the law.

What happened in the family-sponsored categories?

Family-sponsored applicants also saw movement in October.

Final Action Date highlights include:

• F1 Rest of World, China, and India: January 22, 2020, unchanged.
• F1 Mexico: advanced eight months to September 8, 2008.
• F1 Philippines: advanced six months to November 1, 2013.
• F2A Rest of World, China, India, and the Philippines: advanced to September 22, 2026.
• F2A Mexico: advanced to March 22, 2026.
• F2B: remains August 22, 2019 for most countries; Mexico is May 15, 2010, and the Philippines is October 1, 2013.

F2A covers certain spouses and unmarried children of lawful permanent residents. Although F2A movement is favorable, you must still meet the family relationship and adjustment-of-status requirements.

Which chart should you use to file Form I-485?

This is one of the most important practical points for October.

For October 2026, USCIS has confirmed that both employment-based and family-sponsored adjustment-of-status applicants may use the Dates for Filing chart to determine whether they can file Form I-485.

That is more favorable than months when USCIS required applicants to use the Final Action Dates chart.

The two charts serve different purposes:

• Final Action Dates: generally show when a visa number is available for final green card approval.
• Dates for Filing: may allow you to submit Form I-485 before a visa number is available for final approval.

USCIS decides which chart applies to adjustment-of-status applicants each month. Always check the USCIS adjustment-of-status filing charts page.

October 2026 employment-based Dates for Filing

For the family-sponsored Dates for Filing chart:

• F1: February 1, 2020, for Rest of World, China, and India.
• F2A: Current for all countries.
• F2B: September 1, 2019, for Rest of World, China, and India.
• F3: November 1, 2014, for Rest of World, China, and India.
• F4: November 1, 2011, for Rest of World and China; February 1, 2007, for India.

Your priority date generally must be earlier than the date listed for your category and country.

What should you do now?

If you may qualify to file in October, do not wait until the end of the month.

1. Confirm your priority date

Your priority date is your place in the immigrant visa line. It may appear on your I-797 notice or other immigration records.

For employment-based cases, the date may be tied to the filing of a labor certification application or the filing of Form I-140, depending on the category. For family-sponsored cases, it is generally connected to the properly filed family petition.

2. Confirm your country of chargeability

Chargeability usually follows your country of birth, not your citizenship or current residence. Special rules, including cross-chargeability through a spouse, may apply in some situations.

3. Check both USCIS and the Department of State

Review the:

• October 2026 Visa Bulletin
• USCIS filing-chart guidance

4. Prepare your documents

Gather birth certificates, marriage records, passports, immigration notices, certified translations, employment documents, and medical examination materials. Filing windows can close quickly if dates retrogress.

5. Get advice for close calls

You should seek individualized legal guidance before filing if your status is expiring, you may have an age-out issue, you are considering travel, your employment may change, or you have a prior immigration or criminal issue.

What is the bigger picture?

The October 2026 Visa Bulletin shows why the new fiscal year matters, but also why visa availability can be unpredictable.

India EB-2 and EB-5 applicants have new opportunities. China applicants also benefit from important advances, particularly on the Dates for Filing chart. Meanwhile, rest-of-world applicants must account for retrogression and continued high demand.

We will continue monitoring the Visa Bulletin and USCIS guidance to keep you updated as FY2027 develops.

If you have an EB-2, EB-2 NIW, EB-5, family-based, or adjustment-of-status case, contact Badmus & Associates to discuss your options and plan your next step.

This article provides general information and is not legal advice. Visa Bulletin cutoffs and USCIS filing instructions can change. Your eligibility depends on the facts of your case, including your priority date, category, immigration history, and country of chargeability.

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