August 2026 Visa Bulletin: EB-1 China Advances One Month, EB-2 China Holds, and EB-4 Posts Its First Broad Movement in Months Ahead of the September 30 Fiscal-Year Close

August 2026 Visa Bulletin: EB-1 China Advances One Month, EB-2 China Holds, and EB-4 Posts Its First Broad Movement in Months Ahead of the September 30 Fiscal-Year Close

The bottom line for employers: the Department of State's August 2026 Visa Bulletin delivers modest but real movement — EB-1 China advances 30 days, EB-3 and Other Workers move forward for several chargeability areas, and EB-4 posts its first broad advancement in several months while EB-2 China holds at September 1, 2021 and EB-2 India remains Unavailable.¹ With the fiscal year ending September 30, the Department of State also warned that increased demand in the EB-2 category may require further retrogression or temporary unavailability later in FY2026.¹ Before filing any Form I-485, confirm which chart USCIS has designated for August on the agency's "When to File" page; eligibility turns on that designation and the cutoffs below.

August's Advances Are Concentrated in EB-1 China, EB-3, Other Workers, and EB-4

Unlike July, when EB-3 China led the movement, August's gains sit in the first, third, and fourth preferences. EB-3 India (January 1, 2014) and EB-3 Philippines (August 1, 2023) are unchanged:¹

EB-2 China Holds at September 1, 2021 — Creating a Wider EB-3 Downgrade Window for Some Applicants

EB-2 China does not advance this month, so no additional EB-2 China applicants become eligible to file Form I-485 based on the August cutoff. For Final Action Dates, a priority date must be earlier than the published cutoff date (unless the category is Current).¹ With EB-2 China remaining at September 1, 2021 and EB-3 China advancing to January 1, 2022, the EB-3 Final Action Date is now approximately four months ahead of EB-2 China. Employees who pursued an EB-2-to-EB-3 downgrade earlier this year should have counsel confirm which approved I-140 provides the more favorable adjustment strategy, particularly if the I-485 has not yet been filed. For employees who become eligible under the EB-1 or EB-3 movement, filing packages should include:

• Form I-485 with civil documents and evidence of maintenance of lawful status, where required;
• Form I-693 medical examination results;
• Forms I-765 and I-131, where appropriate; and
• Adjustment applications for eligible spouses and children, whose eligibility generally tracks the principal applicant's priority date and applicable visa availability.

EB-2 India Stays Unavailable Until the October 1 FY2027 Reset

EB-2 India remains Unavailable because the applicable FY2026 annual limit has been reached; the category is expected to resume when FY2027 visa numbers become available on October 1, 2026.¹ Pending EB-2 India I-485 applications will not be denied for unavailability — they simply cannot be approved until numbers return. For affected India-born employees, employers should evaluate EB-1 eligibility, NIW or other alternative classifications, continued maintenance of H-1B or other nonimmigrant status, and AC21 portability rules for cases pending 180 days or more.

EB-4 Posts Its First Broad Advance in Months; EB-5 Set-Asides Stay Current for All Countries

EB-4 and Certain Religious Workers advance 30 days to October 15, 2022 for all countries — the first broad EB-4 movement in months, and welcome news for religious organizations and other fourth-preference sponsors with long-pending cases.¹ On the investor side, the EB-5 reserved set-aside categories — rural, high unemployment, and infrastructure — remain Current for all countries, including China and India, while the unreserved category remains subject to country-specific backlogs.¹ With the fiscal-year close approaching, investors relying on Current set-aside availability should complete due diligence and file while dates remain favorable.

This newsletter is for general informational purposes only and does not constitute legal advice. Attorney advertising. © The Peng Law Group.