October 2026 Visa Bulletin: EB-2 and EB-3 Retrogress, USCIS Uses Filing Dates

What happened

The State Department published the Visa Bulletin for October 2026, the first of fiscal year 2027. The bulletin says that with new FY2027 visa numbers, dates advanced in many categories, but some employment-based categories for “rest of world” countries retrogressed (moved backward) to keep visa use within the FY2027 quarterly and annual limits.

On October 1, 2026, USCIS updated its filing charts page to say applicants “must use the Dates for Filing chart” for October 2026, for both family-sponsored and employment-based cases. From May to September 2026, employment-based applicants had to use the stricter Final Action Dates chart.

Who is affected

Key employment-based Final Action Dates for October 2026:

Category	All countries	China	India
EB-1	Current	01JUL23	01FEB23
EB-2	01JAN25	01OCT21	01NOV13
EB-3	15MAY24	08JAN22	01JAN14
EB-5 unreserved	Current	01DEC16	01DEC23

Worldwide EB-2 and EB-3 applicants are hit hardest by the retrogression. India EB-2, which was unavailable at the end of FY2026, reopens with a November 1, 2013 cutoff. Mexico and the Philippines follow the worldwide EB-2 date. Check the bulletin for your exact category and country of birth.

What it means for your move

Your priority date (usually the date your PERM or I-140 was filed) must be earlier than the date shown for your category and country.

• If you are in the US, the Dates for Filing chart controls this month. That lets more people file Form I-485 and get a work permit and travel document while they wait, even if a green card cannot be approved yet.
• A green card can only be approved once your priority date is earlier than the Final Action Date.
• If your EB-2 or EB-3 date was current in September and is no longer current, a pending I-485 stays pending but cannot be approved until the date moves forward again.

See our October 2026 Visa Bulletin guide for the full charts and how the Visa Bulletin works.

What to do now

• Compare your priority date with the Dates for Filing chart. If it is current, consider filing your I-485 in October, because USCIS can switch charts next month.
• Keep your employer’s immigration attorney informed and have documents ready.
• Consular applicants should follow National Visa Center instructions.
• Our employment-based green card guide explains EB-1, EB-2 and EB-3.

What happens next

The November 2026 bulletin is expected in mid to late October. USCIS will say then which chart it accepts. Follow the US country page and the updates tracker.