The Department of State’s August 2026 Visa Bulletin provides limited forward movement in several employment-based green card categories, while significant backlogs remain for applicants chargeable to India and China. For employers and HR teams, the most important development is not simply whether a date advanced, but whether an employee is eligible to file an adjustment of status application and how quickly filing conditions could change.
USCIS has confirmed that employment-based applicants must use the Final Action Dates chart to determine whether they may file Form I-485 during August. The more favorable Dates for Filing chart cannot be used for employment-based adjustment filings this month.
Understanding the Two Visa Bulletin Charts
The Visa Bulletin contains two employment-based charts:
Final Action Dates determine when an immigrant visa may be issued or an adjustment of status application may be approved. When USCIS designates this chart for filing, an applicant’s priority date must be earlier than the listed cutoff date to file Form I-485.
Dates for Filing identify when applicants may begin submitting documentation through the National Visa Center. USCIS may also permit adjustment applicants to use this chart, but it has not done so for August employment-based filings.
Employers should therefore avoid relying on the filing chart alone when evaluating whether an employee can submit an adjustment application.
| EB-1 China | advances to July 1, 2023 |
| EB-1 India | remains October 15, 2022 |
| EB-2 India | remains unavailable |
| EB-3 most countries and Mexico | advances to September 1, 2024 |
| EB-4 | advances to October 15, 2022 |
| EB-5 India unreserved | remains unavailable |
| EB-5 set-aside categories | remain current |
Limited Movement in EB-1 and Continued Risk for India
EB-1 remains current for most countries, including Mexico and the Philippines. China’s Final Action Date advances one month, from June 1, 2023, to July 1, 2023. India remains at October 15, 2022.
The Department of State warns that high demand in EB-1 India could cause the category to become unavailable before the fiscal year ends. This means employers with qualifying employees should be prepared to act promptly if a priority date is current.
EB-2 India Remains Unavailable
EB-2 remains current for most countries, while China holds at September 1, 2021. EB-2 India remains unavailable, meaning no immigrant visa numbers are currently authorized for final action in that category.
The Department of State also cautions that demand across EB-2 may require future retrogression or could cause additional categories to become unavailable. Employers should not assume that categories listed as current in August will remain current through September.
EB-3 Shows Modest Forward Movement
The EB-3 Final Action Date advances from August 1, 2024, to September 1, 2024, for most countries and Mexico. China advances slightly to January 1, 2022.
India remains at January 1, 2014, while the Philippines remains at August 1, 2023. The Other Workers category also advances by approximately one month for most countries, Mexico, and China.
EB-4 and EB-5 Updates
EB-4 advances by one month across all listed countries, from September 15, 2022, to October 15, 2022.
In EB-5, the unreserved category remains current for most countries. China remains at December 1, 2016, and India remains unavailable. The rural, high-unemployment, and infrastructure set-aside categories remain current for all countries.
What Employers and HR Teams Should Do
As the fiscal year approaches its September 30 end, visa availability may change quickly. The Department of State specifically warns that retrogression or unavailability may be necessary if annual or per-country limits are reached.
Employers should work with immigration counsel to:
- Review sponsored employees by priority date, preference category, and country of chargeability.
- Identify employees who are newly eligible to file under the Final Action Dates chart.
- Prepare adjustment applications and supporting documents before a category retrogresses.
- Continue monitoring nonimmigrant status and extension deadlines while green card cases remain backlogged.
- Review dependent family members to ensure they are included in filing plans where appropriate.
The August bulletin offers modest progress for some cases, but the broader message is one of continued uncertainty. Proactive case tracking will remain important as the government manages visa demand through the end of fiscal year 2026.
If you would like assistance assessing how this may affect your immigration matters – including filing strategies, compliance planning, or addressing urgent deadlines – please contact the KLF immigration professional with whom you normally work or call us on our main line at (212) 495-9245 or click here to fill out our contact form.