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August 2026 Visa Bulletin Released

July 22, 2026
The Dept. of State released the August 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 August. Limited advancement is noted in several employment-based categories with potential unavailability and retrogression …
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Overview

The Dept. of State released the August 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 August. Limited advancement is noted in several employment-based categories with potential unavailability and retrogression possible for EB-1 India and EB-2, as further detailed below:

  • EB-1 China will advance by one month to July 1, 2023.
  • EB-3 China will advance by more than one week to January 1, 2021.
  • EB-3 Worldwide will advance by one month to September 1, 2024.

The Dept. of State notes that EB-1 India may become unavailable in the coming weeks and EB-2 may retrogress or become unavailable in the coming months due to increased demand and steady immigrant visa number usage.

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 one month to July 1, 2023.
  • EB-1 India will maintain a filing cutoff date of 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 continue to 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 one month to September 1, 2024.
  • EB-3 China will advance by more than one week to January 1, 2022.
  • EB-3 India will maintain a filing cutoff date of 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 April 1, 2022.
  • Philippines will remain at December 1, 2021.
  • China will advance by one month to May 1, 2019
  • India will continue to maintain a filing cutoff date of January 1, 2014.

EB-5: Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will maintain a filing cutoff date of December 1, 2016 and India will continue to 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?  

The August Visa Bulletin reflects limited advancement in several employment-based immigrant visa categories. However, the most significant takeaway for employers is the continued strain on employment-based visa availability as Fiscal Year 2026 draws to a close on September 30, 2026. With only two months remaining in the fiscal year, employers should anticipate continued fluctuations in visa availability and should work closely with immigration counsel to identify employees who may be impacted by changing filing opportunities, including potential retrogression and visa unavailability.

While certain employment-based categories have noted limited forward movement, the Dept. of State continues to caution that visa demand and immigrant visa usage remains high. Most notably, EB-2 India remains unavailable and the Dept. of State warns that EB-1 India could also become unavailable in the coming weeks if applicant demand continues. The Dept. of State further notes that increased demand in the EB-2 category could require retrogression or temporary unavailability in the coming months.

Proactive planning, early preparation, and ongoing monitoring remain the most effective strategies for minimizing disruptions to workforce planning and maximizing permanent residence opportunities for sponsored employees. Employers are also advised to:

  • Identify employees with current or near-current priority dates and prepare adjustment of status filings in advance
  • Monitor Indian and Chinese employees carefully due to continuing visa backlogs and possible additional retrogression and unavailability
  • Maintain underlying nonimmigrant status whenever possible while adjustment of status applications remain pending
  • Review dependent children approaching 21 years of age for potential Child Status Protection Act considerations
  • Continue initiating permanent residence sponsorship early despite visa bulletin volatility

Employers should coordinate regularly with immigration counsel to ensure filing opportunities are not missed due to changing visa availability as the fiscal year ends.

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


Inez Macedonio