October 2026 Visa Bulletin Released

OVERVIEW

October 2026 Visa Bulletin Released

The Dept. of State released the October 2026 Visa Bulletin.  This is the first Visa Bulletin of the new USCIS Fiscal Year 2027. To start off the new year, USCIS will accept employment-based Adjustment of Status applications under the Dates for Filing chart for October. For employment-based immigrant visa categories, there has been advancement across the majority of immigrant visa categories with some retrogression in dates for the Worldwide category.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR UNDER DATES FOR FILING CHART

The Dates for Filing dates are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including Mexico, and Philippines) will remain current.
• EB-1 China will advance to July 1, 2024.
• EB-1 India will advance to July 1, 2024.

EB-2, Second Preference Category

• EB-2 Worldwide (including Mexico, and Philippines) retrogresses from being current to a filing cutoff of March 15, 2026.
• EB-2 China advances to January 1, 2023.
• EB-2 India becomes available again with a filing cutoff of January 15, 2015.

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

• EB-3 Worldwide (including Mexico) retrogresses to a filing cutoff date of August 1, 2024.
• EB-3 China advances to April 1, 2024.
• EB-3 India advances to January 15, 2015.
• EB-3 Philippines advances to January 1, 2024.

Other Workers

• Other Workers (including Mexico and the Philippines) advances to June 1, 2022.
• China advances to October 1, 2020
• India advances to January 15, 2015.

EB-4 – Certain Special Immigrants & Certain Religious Workers

• The filing cutoff is January 1, 2025 across all countries.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), China is assigned a filing cutoff date of March 1, 2021 and India is assigned a filing cutoff date of May 1, 2024. 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?  

With regard to the availability of FY 2027 immigrant visa numbers, in the October Visa Bulletin, the Dept. of State notes that, as summarized above, the dates for filing and final action dates have advanced across various immigrant visa categories. They further provide that some employment-based visa categories for “Rest of World” countries have necessarily retrogressed to keep visa issuances within FY 2027 quarterly and annual limits. The Dept. of State assures that immigrant visa availability is being continually monitored, and any necessary adjustments will be made accordingly.

Due to the advancement and resumption of visa issuance across many employment-based categories, employers are advised to work closely with immigration counsel to identify employees who may have become eligible to file adjustment of status applications.

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

Amy McCoy