Hacking Immigration Law, LLC will be closed December 25, 2025 - January 1, 2026 for our end-of-the-year reset/reboot.

Is your case stuck in administrative process? We can help you by completing this form.

Visa Bulletin Predictions: September 2026 Visa Bulletin Summary

Spread the love

Missing your filing window on the Visa Bulletin does not just mean a longer wait. In some cases, it can lead to a denial. USCIS ties your eligibility to file, and sometimes your case's final action, to specific dates published each month. Miss the right window, and your application can be rejected outright or sit in limbo until the next opportunity arrives.

The Visa Bulletin is a monthly publication from the U.S. Department of State. It shows visa availability and cutoff dates for immigrant visa categories, while USCIS determines which filing chart adjustment of status applicants may use. Getting that timing wrong is one of the costliest mistakes in the immigration process.

With Fiscal Year 2027 (FY2027) beginning Oct. 1, 2026, the next Visa Bulletin could matter even more for applicants who have been waiting through the Fiscal Year 2026 (FY2026) backlogs. Many applicants skip checking it before they file. That mistake can delay a case, trigger a denial, or cause someone to miss a filing opportunity that will not come around again for months.

If you are unsure what the current Visa Bulletin means for your case, an immigration lawyer can help you identify your next step.

 

Hire An Immigration Lawyer

Table of Contents

What Is the Visa Bulletin?

The Visa Bulletin is a monthly publication from the U.S. Department of State. It provides information about visa availability for family-sponsored and employment-based preference categories, as well as other immigrant visa categories.

It helps answer two important questions:

  1. When may I be able to file?
  2. When may my case be eligible for final action?

Those are different questions. Understanding the difference is critical when planning a green card application.

What Is the Difference Between Dates for Filing and Final Action Dates?

Each monthly Visa Bulletin contains two important charts:

  • Dates for Filing - shows when certain applicants may be able to begin submitting documents or applications based on the applicable visa availability rules
  • Final Action Dates - shows when an immigrant visa number may be available for final action

For adjustment of status applicants, USCIS determines which chart may be used each month.

That means you should not assume that the Dates for Filing chart can always be used. Check the USCIS announcement for the month in which you plan to file.

What Is a Priority Date and Why Does It Matter?

Every family-sponsored preference and employment-based preference case has a priority date. The rule used to establish that date depends on the type of case.

For many employment-based cases, the priority date is tied to the filing of the labor certification or immigrant petition, depending on the circumstances. For family-sponsored cases, it is generally tied to when the qualifying immigrant petition was properly filed.

Your priority date is then compared with the applicable cutoff date in the Visa Bulletin.

If your priority date is not current, you may have to remain on the waiting list until an immigrant visa number becomes available.

Your priority date is essentially your place in the queue. The Visa Bulletin shows where the government has set the cutoff for your category and country of chargeability.

What the October 2026 Visa Bulletin Could Mean for FY2027

FY2027 begins on Oct. 1, 2026. That date matters because the U.S. immigration system operates on a fiscal year running from Oct. 1 through Sept. 30.

The annual employment-based immigrant visa allocation is generally 140,000, subject to the statutory allocation rules. The employment-based per-country limitation is generally 7% of the worldwide level, which is roughly 9,800 based on the 140,000 annual allocation.

A fresh annual allocation does not guarantee that every category will move forward. The Department of State must consider demand, available supply, per-country limits, and other statutory allocation rules when establishing cutoff dates.

Another important question is whether USCIS will allow employment-based adjustment of status applicants to use the Dates for Filing chart in October.

Do not assume that Chart B will reopen. Check USCIS guidance for the specific month before filing an adjustment of status application.

Why FY2027 Matters After a Difficult FY2026

The FY2026 Visa Bulletin showed significant pressure in several employment-based categories. The State Department reported changes involving categories such as EB-2, EB-1 India, and EB-5 during the fiscal year.

The end of one fiscal year and the beginning of another can change the number of visas available for allocation. However, the reset does not erase existing demand or guarantee that a particular priority date will become current.

The October bulletin will provide the actual dates applicants need to evaluate their cases.

Until that bulletin is published, precise cutoff-date predictions would be speculation.

What the September 2026 Visa Bulletin Shows

The September 2026 Visa Bulletin gives a preview of the pressure points that could carry into FY2027. Comparing it against August shows exactly where movement happened and where it stalled.

For adjustment of status filed with USCIS, September applicants follow the Dates for Filing chart for family-sponsored categories and the Final Action Dates chart for employment-based categories. That distinction matters because it determines which table below actually governs when someone can file.

Family-Sponsored Movement (Dates for Filing, All Chargeability Areas)

Category August 2026 September 2026 Movement
F1 15JUN19 01FEB20 About 7.5 months
F2A Current Current No change
F2B 01JAN19 01SEP19 8 months
F3 01MAR13 01NOV14 20 months
F4 22JUN10 01NOV11 About 16.5 months

Mexico and the Philippines barely moved across these same categories, so applicants chargeable to those countries should not expect the same jump.

Employment-Based Movement (Final Action Dates, All Chargeability Areas)

Employment categories stayed almost flat. EB-4 was the only category to advance, moving 2 months, from 15OCT22 to 15DEC22. EB-1, EB-2, EB-3, and EB-5 final action dates carried over from August unchanged. EB-2 India and EB-5 India remain unavailable.

That gap between family and employment movement is the headline for September: family categories caught up meaningfully, employment categories mostly held in place while the Department of State manages FY2026 annual limits.

Three warnings from the bulletin itself explain why employment categories are holding steady rather than advancing:

  • EB-1 India may become unavailable in the coming weeks if India's pro-rated limit in that category is reached before the fiscal year ends.
  • EB-2 worldwide could see a retrogressed final action date, or become unavailable, if demand keeps climbing before September 30.
  • EB-5 Unreserved faces the same risk. High number use could force a retrogression or a full stop before the fiscal year closes.

The bulletin also flags something outside the usual supply and demand math. Visa issuance rates have decreased for applicants from certain countries due to Presidential Proclamations 10949 and 10998, along with related immigrant visa processing updates. The Department of State has been advancing dates for filing and final action dates across several categories to keep issuances within FY2026 limits given that shift, but retrogression could follow in the coming months if demand rebounds or those actions change.

One more date worth tracking: DV-2026 entitlement ends September 30, 2026. Diversity visa numbers for this cycle could run out before that date, so anyone still waiting on a DV case has a hard deadline, not a soft one.

For applicants trying to read FY2027 signals, September shows family categories moving while employment categories wait. October will show whether that pattern holds once the new fiscal year allocation resets.

Employment-Based Categories

Employment-based immigration is divided into several employment-based preference categories, each with eligibility requirements and visa availability:

  • EB-1 - Priority workers, including people with extraordinary ability, outstanding professors or researchers, and certain multinational executives and managers
  • EB-2 - Members of the professions holding advanced degrees or people with exceptional ability
  • EB-3 - Skilled workers, professionals, and other workers
  • EB-4 - Certain special immigrants, including qualifying religious workers
  • EB-5 - Immigrant investors, including reserved categories for qualifying rural, high-unemployment, and infrastructure projects

Visa availability can vary significantly between categories and countries. In fact, applicants chargeable to India and mainland China have experienced significant employment-based backlogs in several categories.

 

Understanding the EB-5 Set-Aside Categories

The EB-5 program includes reserved visa categories in addition to the unreserved category.

These set-aside categories have separate allocations, so their visa availability can differ from the unreserved EB-5 category.

The codes and cutoff dates shown in the Visa Bulletin can change. Always check the current monthly bulletin instead of relying on an older chart. For current EB-5 dates and category information, use the official State Department bulletin.

Family-Sponsored Preference Categories

Family-sponsored immigrants are also subject to the Visa Bulletin when they fall within a preference category.

Key categories include:

  • F1 - Unmarried sons and daughters of U.S. citizens
  • F2A - Spouses and children under 21 of lawful permanent residents
  • F2B - Unmarried sons and daughters age 21 or older of lawful permanent residents
  • F3 - Married sons and daughters of U.S. citizens
  • F4 - Brothers and sisters of adult U.S. citizens

Family-sponsored categories can have lengthy waiting periods, and the applicable cutoff date varies by category and country of chargeability.

Mexico and the Philippines can experience particularly long waits in certain family-sponsored categories.

If you are pursuing a family-based green card and don’t have an employer's immigration counsel handling your case, a case-specific review can help you understand your category, priority date, and available options.

 

Visa Bulletin Predictions for 2026

Visa bulletin predictions are not guaranteed. We do not publish invented cutoff dates or prediction tables. We rely on the government's published information and explain what it means for your case.

Instead, the most useful approach is to look at the government's published information and understand the factors that determine visa availability.

For the transition into FY2027, watch:

  • The Oct. 1 fiscal year reset and the new employment-based visa allocation
  • Demand carried over from FY2026
  • Per-country limits affecting applicants from high-demand countries
  • Available visa numbers and demand within each category
  • Whether USCIS permits employment-based adjustment of status applicants to use the Dates for Filing chart
  • Whether the Department of State advances, holds, or retrogresses the cutoff dates

The State Department's Visa Bulletin provides the official cutoff dates. The Department can also provide commentary about expected movement when appropriate.

Why Filing Early Still Has Value

Even if your case cannot reach final action immediately, filing when the applicable Dates for Filing chart allows it can have important benefits.

  • Allows you to submit an adjustment of status application when you are eligible
  • Allows you to apply for employment authorization through an adjustment of status
  • Allows you to apply for an advance parole
  • Allows USCIS to begin processing your adjustment of status case

However, filing under the Dates for Filing chart does not mean your green card can be approved immediately.

Final action generally depends on visa availability and your priority date being current under the applicable Final Action Dates chart.

USCIS provides guidance on how adjustment of status applicants should use the Visa Bulletin.

If Your Dates Are Moving but Your Clock Is Running Out

Some applicants are not stuck because of the Visa Bulletin. Their dates are moving, but another immigration deadline is approaching.

What Happens When Your Child Is Approaching the Age-Out Limit?

The Child Status Protection Act (CSPA) can affect how a child's age is calculated for certain immigration benefits.

If your child is approaching 21, the timing of the petition, visa availability, and other factors can become critical.

Do not assume that a child will automatically retain eligibility because your family has been waiting for a long time.

What If You Are Reaching the H-1B Extension Limit?

H-1B status generally has a six-year limit, but certain employment-based immigration circumstances can allow extensions beyond six years.

If your employment-based green card process has been delayed, the timing of your priority date and labor certification or immigrant petition can become especially important.

What If You Want to Change Employers?

The American Competitiveness in the Twenty-First Century Act (AC21) provides certain portability protections for eligible employment-based adjustment of status applicants.

Whether you can change jobs without disrupting your green card case depends on the circumstances of your case, including the stage of your adjustment application and the new position.

Your company's immigration attorney represents your company. If you leave that employer, that attorney does not become your personal immigration attorney.

If the Wait No Longer Makes Sense, What Are Your Alternatives?

A long Visa Bulletin backlog does not necessarily mean you have to abandon your immigration goals.

Some applicants may qualify for other pathways, but eligibility depends on the facts of the case.

Could EB-1A Be an Option?

EB-1A is an employment-based immigrant visa category for people who can demonstrate extraordinary ability in their field.

It can provide an alternative path for some highly accomplished professionals, but meeting the legal requirements requires substantial evidence.

If you are considering EB-1A because of a long employment-based backlog, review your qualifications before assuming you qualify.

Could a National Interest Waiver Help?

A National Interest Waiver (NIW) is a pathway within the EB-2 category that can allow certain applicants to seek a waiver of the job offer and labor certification requirements.

It is not available simply because someone has an advanced degree or works in an important field.

Your education, proposed endeavor, qualifications, and the broader circumstances of your case all matter.

Could EB-5 Change Your Timeline?

The EB-5 immigrant investor program provides another employment-based pathway for qualifying investors who meet the program's investment and job-creation requirements.

The Visa Bulletin includes separate EB-5 categories, including reserved categories.

EB-5 is not a solution for everyone. The financial, investment, and immigration requirements must be evaluated before choosing this path.

Could Cross-Chargeability Help?

In some cases, an applicant may be able to use a spouse's country of birth for visa chargeability instead of their own.

This is known as cross-chargeability and can matter when one spouse is chargeable to a country with a significantly shorter backlog.

The rules are fact-specific, so do not assume cross-chargeability applies without reviewing your family circumstances.

Common Mistakes to Avoid When Filing Applications

Filing under the wrong chart or at the wrong time can create serious problems.

Avoid these errors:

  • Filing before you are eligible under the chart USCIS has authorized
  • Waiting too long and missing a filing opportunity if dates later retrogress
  • Relying on the wrong chart for that month's filing window
  • Not checking which chart USCIS has authorized
  • Assuming visa availability based on a prior month's bulletin
  • Ignoring per-country limits when estimating your timeline
  • Assuming a current priority date guarantees immediate green card approval
  • Treating Visa Bulletin predictions as guaranteed cutoff dates

How Hacking Immigration Law, LLC Can Help

The Visa Bulletin gives you the dates. Your immigration case determines what those dates actually mean for you.

Hacking Immigration Law, LLC focuses on federal U.S. immigration matters. The firm has offices in St. Louis, Chicago, San Diego, and Washington, D.C., and helps clients nationwide with immigration cases.

The firm has helped more than 5,000 families become permanent residents and U.S. citizens and has more than 500 five-star Google reviews.

Our legal team handles:

 

If your priority date is approaching, your case is stuck in infrastructure delays, or you are unsure whether to use the dates for filing or the final action dates chart this month, we can walk you through your options.

Hire Us

 

 

FAQs

What Is the Visa Bulletin, and Why Does It Matter?

The Visa Bulletin is a monthly publication from the Department of State that provides information about visa availability and cutoff dates for family-sponsored and employment-based preference categories.

It helps applicants determine when their priority date may be current and when they may be eligible to file or receive final action.

What Is the Difference Between Dates for Filing and Final Action Dates?

The Dates for Filing chart indicates when certain applicants may be able to submit applications based on the applicable visa availability rules.

Final Action Dates indicate when a visa number may be available for final action.

USCIS determines which chart adjustment of status applicants may use each month.

How Do I Know if My Priority Date Is Current?

Find your immigrant visa category, country of chargeability, and priority date in the Visa Bulletin.

Then compare your priority date with the applicable cutoff date.

If your priority date is earlier than the listed cutoff, your date may be current for that chart, subject to the rules applicable to your case.

What Countries Face the Longest Backlogs?

Backlogs change over time and vary by category.

India and mainland China have experienced significant employment-based backlogs. Mexico and the Philippines can experience lengthy waits in certain family-sponsored preference categories.

Can I File Even if My Case Cannot Be Approved Yet?

Potentially. If USCIS allows adjustment of status applicants to use the Dates for Filing chart and your priority date meets the applicable cutoff, you may be able to submit your adjustment of status application before your case is eligible for final action.

Filing does not guarantee approval. Visa availability must still exist when final action is taken.

When Is the October 2026 Visa Bulletin Published?

The October Visa Bulletin is normally published by the Department of State before the new fiscal year begins on Oct. 1.

The exact publication date can vary, so check the Department of State's official Visa Bulletin page for the October bulletin.

Will Chart B Reopen for Employment-Based Filings?

It may, but this cannot be guaranteed before the October 2026 Visa Bulletin and USCIS filing guidance are published.

Employment-based adjustment of status applicants should check the USCIS filing-chart guidance for October rather than assume that the Dates for Filing chart will be available.

My Priority Date Is Current, but My I-485 Is Still Pending. What Can I Do?

If your priority date has been current and your I-485 has remained pending for an unreasonable period, the issue may involve USCIS processing rather than Visa Bulletin availability.

Depending on the circumstances, a federal mandamus action may be an option to seek a decision from the government.

Can I File a Mandamus While My Priority Date Is Not Current?

Generally, no.

A mandamus action is designed to address an unreasonable delay in government action. If your case cannot be adjudicated because a visa number is unavailable, a lawsuit cannot create visa availability or move your priority date forward.

Conclusion

The Visa Bulletin is an important part of your green card timeline, but it is not the only factor that determines what happens next. Before filing or deciding to wait, check your priority date, the applicable filing chart, Final Action Dates, visa availability, and your individual immigration circumstances.

With FY2027 beginning Oct. 1, 2026, applicants should pay particular attention to the October Visa Bulletin and any USCIS announcement about adjustment of status filing charts.

If your priority date is already current, your immigration clock is running out, or the wait no longer makes sense, there may be a more appropriate next step than simply waiting.

Do not guess about your immigration timeline. Get a case-specific assessment of your options. Talk to Hacking Immigration Law, LLC.

 

Book A Call

You May Also Like

2-Year vs. 10-Year Green Card: What Changes, What Stays the Same, and What to File Next Spread the loveA 2-year green card is a conditional status for newly married spouses or investors, while a 10-year green card confers full permanent residency. Learn more about a... VIEW POST
Form I-130 Petition: Filing, Denials & Appeals Spread the loveFiling Form I-130 is the critical first step in bringing your family together, but a single misstep can lead to a frustrating denial. Here is what you... VIEW POST
Form I-751 Guide: How to Remove Conditions From Your Green Card Spread the loveIf you got your green card and had been married for less than two years when it was approved, you received a conditional green card, not a... VIEW POST

Download Free Guide 
2026 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2026 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.
DOWNLOAD FREE PDF

Immigration 
Answers Show
Live every week.

JOIN US