United States | September 2026 Visa Bulletin: Final Action Dates remain unchanged, certain categories may become unavailable

The U.S. State Department has released the September 2026 Visa Bulletin. U.S. Citizenship and Immigration Services announced filings for employment-based visa preference categories must use the Final Action Dates chart in the September Bulletin. The final action dates for September remain unchanged across EB-1, EB-2, EB-3 and EB-5 categories.

EB-1 Final Action Date for India update: According to the September Visa Bulletin, “High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends.”

EB-2 availability update: According to the September Visa Bulletin, “Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable before the end of the fiscal year to hold number use within the maximum allowed under the FY 2026 annual limit.”

EB-5 availability update: According to the September Visa Bulletin, “Sufficient demand and number use in the EB-5 unreserved visa category may make it necessary to retrogress the final action date or make the category unavailable before the end of the fiscal year to hold number use within the maximum allowed under the FY 2026 annual limit.”

Final Action Dates chart category movement:

EB-1 visa

• China EB-1 visa Final Action Dates remain the same, with a cutoff date of July 1, 2023.
• India EB-1 visa Final Action Dates remain the same, with a cutoff date of Oct. 15, 2022.
• For all other countries under the EB-1 visa category, including Mexico and the Philippines, Final Action Dates remain current.

EB-2 visa

• China EB-2 visa Final Action Dates remain the same, with a cutoff date of Sept. 1, 2021.
• India EB-2 visa Final Action Dates are still marked “U” for “unavailable/unauthorized.”*
• For all other countries under the EB-2 visa category, including Mexico and the Philippines, Final Action Dates remain current.

EB-3 visa

• China EB-3 visa Final Action Dates remain the same, with a cutoff date of Jan. 1, 2022.
• India EB-3 visa Final Action Dates remain the same, with a cutoff date of Jan. 1, 2014.
• For all other countries under the EB-3 visa category and Mexico, the Final Action Dates remain the same, with a cutoff date of Sept. 1, 2024. Final Action Dates for the Philippines remain the same, with a cutoff date of Aug. 1, 2023.

EB-5 visa (unreserved)

• China EB-5 visa Final Action Dates remain the same, with a cutoff date of Dec. 1, 2016.
• India EB-5 visa Final Action Dates are still marked “U” for “unavailable/ unauthorized.”*
• For all other countries under the EB-5 unreserved visa category, including Mexico and the Philippines, Final Action Dates remain current.

Final Action Dates chart for employment-based visa applications

Additional Information: In the August 2026 Visa Bulletin, USCIS announced employment-based visa preference categories must use the Final Action Dates chart.

The Final Action Dates chart indicates who is eligible for final action (adjudication) on their permanent residence application and when a visa can be issued. Review BAL’s employer’s guide to reading the Visa Bulletin to better understand this monthly report.

*In addition to the points the Bulletin outlines above regarding retrogression and unavailability, the Bulletin also states, “‘U’ means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)”

This alert has been provided by the BAL U.S. Practice Group.

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