September 2026 Visa Bulletin Holds All Employment-Based Dates
The bottom line for employers: the Department of State's September 2026 Visa Bulletin shows no movement in final action dates across the employment-based categories.1 For sponsored executives and employees born in mainland China and India, a frozen bulletin at the close of the fiscal year is not neutral news — it ordinarily means the annual visa allocation is nearly exhausted, and it raises the possibility that dates could retrogress in the October 2026 bulletin or later in FY2027. Employees whose priority dates are current under the applicable chart may want to evaluate filing Form I-485 adjustment of status applications now, because a properly filed I-485 generally remains pending even if the category later retrogresses, preserving work-authorization and travel benefits in the interim.
August vs. September: A Complete Standstill Across Categories
Month-over-month, the September 2026 bulletin holds every employment-based final action date at its August 2026 position:1
| CATEGORY | ALL AREAS | CHINA | INDIA | MEXICO | PHILIPPINES |
| EB-1 | Current — | 2023-07-01 — 0 | 2022-10-15 — 0 | Current — | Current — |
| EB-2 | Current — | 2021-09-01 — 0 | U — | Current — | Current — |
| EB-3 | 2024-09-01 — 0 | 2022-01-01 — 0 | 2014-01-01 — 0 | Current — | Current — |
| Other Workers | 2022-04-01 — 0 | 2019-05-01 — 0 | 2014-01-01 — 0 | Current — | Current — |
| EB-4 | 2022-12-15 ▲ +61d | 2022-12-15 ▲ +61d | 2022-12-15 ▲ +61d | Current — | Current — |
| Certain Religious Workers | 2022-12-15 ▲ +61d | 2022-12-15 ▲ +61d | 2022-12-15 ▲ +61d | Current — | Current — |
| EB-5 Unreserved | Current — | 2016-12-01 — 0 | U — | Current — | Current — |
| EB-5 Set Aside: Rural | Current — | Current — | Current — | Current — | Current — |
| EB-5 Set Aside: High Unemployment | Current — | Current — | Current — | Current — | Current — |
| EB-5 Set Aside: Infrastructure | Current — | Current — | Current — | Current — | Current — |
A "Current" designation describes visa availability for that month only and carries no guarantee — a category listed as Current in September may retrogress in a later bulletin without advance notice.2 Chargeability is determined by country of birth, not nationality or residence, so a Canadian citizen born in mainland China remains subject to China cutoff dates.
Why a Frozen September Bulletin Points Toward Retrogression, Not Stability
Employment-based immigrant visas are capped annually under INA §§ 201 and 203, with a 7% per-country ceiling under INA § 202. The fiscal year ends September 30, 2026, and new allocations become available October 1. When the Department of State holds dates flat in September, it is typically managing number usage against the annual limit. Two scenarios commonly follow:
1. October dates advance modestly as the FY2027 allocation opens — the favorable case.
2. Heavy demand already documented in pending cases forces DOS to retrogress cutoff dates to keep issuances within the new year's limits — the risk the September bulletin's stall makes more plausible.1
A Current Priority Date Is a Filing Window — Use It Before It Closes
If retrogression occurs, an employee whose date falls behind the new cutoff generally cannot file Form I-485 until the date becomes current again — a wait that may last months or years. By contrast, an I-485 properly filed while the date is current ordinarily remains pending through retrogression, and the applicant may generally maintain EAD and advance parole renewals while waiting.3 Employers should verify each month which chart — Final Action Dates or Dates for Filing — USCIS has designated as controlling for adjustment filings, and assemble supporting documents (Form I-693 medical examination, birth and marriage records with translations, ability-to-pay evidence where applicable) in advance so a one-month window is not lost to document gathering.
EB-5 Investors Face a Second Clock: The September 30, 2026 Planning Deadline and the Pending DHS Rule
For prospective regional-center investors, September 30, 2026 is the operative planning deadline. DHS published a 358-page proposed rule on July 2, 2026 (docket USCIS-2026-0100; 60-day comment period closed August 31, 2026) that would tighten the framework the RIA of 2022 established — including a roughly $1,400,000 third investment tier, centralized TEA determinations at USCIS, restrictions on bridge financing and indirect job counting, and automatic inflation indexing of all thresholds every five years beginning January 1, 2027.4 Petitions properly filed before a final rule's effective date should generally remain under the current framework — the $800,000 TEA level and existing job-creation methodologies. Investors who file Form I-526E before September 30, 2026, particularly in the still-Current rural and high-unemployment set-aside categories, position themselves under the more favorable current rules before both the fiscal-year reset and any final rule take effect.
Why the Final Month of the Fiscal Year Carries Extra Risk
September is the final month of the federal fiscal year. For FY 2026, the Department of State determined the worldwide employment-based preference limit to be 186,317 — substantially above the statutory baseline of 140,000 because of unused family-sponsored numbers carried into the employment-based system. Even with the higher allocation, availability can change quickly near year-end.
What Filing Does — and Does Not — Protect
If an applicant properly files Form I-485 while eligible and the category later retrogresses, the application may generally remain pending, and the applicant may remain eligible for employment authorization and advance parole. Filing does not, however, reserve an immigrant visa number or guarantee approval — USCIS generally cannot approve the application until the priority date is current again. The principal benefit of filing is preserving a pending application and its procedural benefits, not protection from future retrogression.
- Audit all sponsored employees' priority dates against the September 2026 charts and identify anyone eligible to file Form I-485 this month.
- Pre-assemble I-485 supporting documents — including Form I-693 medical exams and translated civil records — so filings can go out within days of a favorable bulletin.
- Confirm each month whether USCIS is honoring the Dates for Filing or Final Action Dates chart before calendaring any adjustment filing.
- Advise executives or investors considering EB-5 that filing Form I-526E before September 30, 2026 generally preserves the current $800,000 TEA framework ahead of the pending DHS rule.
- Calendar the October 2026 Visa Bulletin release and brief affected employees promptly on any retrogression.
- Identify employees who may benefit from cross-chargeability through a spouse born in a country with a more favorable cutoff date.
2 Visa Bulletin — U.S. Department of State
3 Adjustment of Status Filing Charts from the Visa Bulletin — USCIS
4 EB-5 Immigrant Investor Program Proposed Rule, Docket USCIS-2026-0100 — Federal Register
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