July 2026 Visa Bulletin Released: What Employers Need to Know

The Dept. of State released the July 2026 Visa Bulletin and USCIS has confirmed that they will continue to accept employment-based Adjustment of Status applications under the Final Action Dates chart for July. Key updates in the July Visa Bulletin for Final Action Dates are as follows:

• EB-1 India will retrogress by two months to October 15, 2022.
• EB-1 China will advance by two months to June 1, 2023.
• EB-3 India will advance by two weeks to January 1, 2014.
• EB-3 China will advance by approximately four and half months to December 22, 2021.
• EB-3 Worldwide will advance by two months to August 1, 2024.

EB-2 India and EB-5 India will remain unavailable for the remainder of the fiscal year, which ends September 30, 2026. U.S. Consular posts cannot issue immigrant visas and USCIS cannot accept or approve Adjustment of Status (AOS) applications for EB-2 India or EB-5 India applicants through September 30, 2026. The annual limits for immigrant visa availability will reset at the start of the USCIS fiscal year which commences on October 1, 2026.

The Dept. of State also notes that demand and increased immigrant visa number usage may make it necessary to retrogress or update several employment-based categories to unavailable before the fiscal year ends on September 30, 2026. Most notably, EB-1 India has retrogressed and may face further retrogression or even temporary unavailability if demand continues. Additionally, the Dept. of State has warned that EB-2 China and EB-3 Philippines could experience retrogression or unavailability in the coming months to keep visa allocation within annual limits.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-1 China will advance by two months to June 1, 2023.
• EB-1 India will retrogress by two months to October 15, 2022.

EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-2 China will maintain a filing cutoff of September 1, 2021.
• EB-2 India will be unavailable through September 30, 2026.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, and Mexico) will advance by two months to August 1, 2024.
• EB-3 China will advance by approximately four and half months to December 22, 2021.
• EB-3 India will advance by two weeks to January 1, 2014.
• EB-3 Philippines will remain at August 1, 2023.

Other Workers

• Other Workers (including El Salvador, Guatemala and Honduras, and Mexico) will advance by one month to March 1, 2022.
• Philippines will advance by one month to December 1, 2021.
• China will maintain a cutoff date of April 1, 2019 and India will advance by two weeks January 1, 2014.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will advance by approximately ten weeks to December 1, 2016 and India will be unavailable through September 30, 2026. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

In the July Visa Bulletin,  the Dept. of State continues to caution that as applicant demand increases or policies such as the Presidential Proclamation 10949 and Presidential Proclamation 10998 change, retrogression or unavailability may be required later in the fiscal year throughout several employment-based categories to remain within annual limits. The situation will be continually monitored and any necessary adjustments will be made accordingly.

Due to high demand and number use for EB-1 India, Final Action Dates will retrogress by two months to maintain immigrant visa usage within FY 2026 annual limit. Further retrogression or updating the category to unavailable may be necessary in the coming months if the annual limit in the EB-1 India category is reached before the fiscal year ends.

The annual limit for EB-2 India and EB-5 India has been met for Fiscal Year 2026 and as such, these categories will remain unavailable through September 30, 2026. The Dept. of State indicates that the October Final Action Dates chart for EB-2 India will likely advance to at least the Final Action Date announced in the May 2026 Visa Bulletin, (July 15, 2014), and that EB-5 India will likely advance to at least the Final Action Date reflected in the June Visa Bulletin (May 1, 2022). However, actual date movement for these categories will be dependent on applicant demand and Fiscal Year 2027 annual limits for employment-based preference categories.

The Dept. of State warns that sufficient demand and increased number use by applicants chargeable to EB-2 China and EB-3 Philippines may make it necessary to retrogress the Final Action Dates or make these categories unavailable in the coming months to hold number use within the FY 2026 annual limit.

Employers sponsoring foreign national employees for permanent residence should anticipate continued delays and uncertainty in the employment-based green card process, particularly for employees born in India, China and the Philippines. Due to high demand and annual visa number limitations, the Dept. of State has retrogressed certain categories and made others unavailable for the remainder of the Fiscal Year 2026. Employers should plan for longer processing timelines, maintain valid nonimmigrant work authorization for affected employees where possible, and expect that green card adjudications may be delayed until additional visa numbers become available in Fiscal Year 2027.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Inez Macedonio

This alert is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice.  The contents of this alert may be considered attorney advertising in some states.  © 2026 Gibney, Anthony & Flaherty, LLP

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