US Department of State Releases August Visa Bulletin
July 31, 2026The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates Chart for Employment-Based Adjustment of Status Applications in August 2026. The EB-3 category shows slight advancement for several nationalities, the India EB-2 category is unavailable, and the US Department of State warns of future retrogression or unavailability for the India EB-1, China EB-2, and the Philippines EB-3 categories.
The US Department of State has released its August 2026 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.
WHAT DOES THE AUGUST 2026 VISA BULLETIN SAY?
The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustment of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.
Each month, the USCIS chooses which chart it will follow. For August 2026, the USCIS will follow the Final Action Dates chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in August 2026 must use the Final Action Dates chart below.
FINAL ACTION CUTOFF DATES
To be eligible to file an EB adjustment application in August 2026, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.
|
Employment- Based |
All Chargeability |
China- |
India |
Mexico |
Philippines |
|
1st |
C |
01JUL23 |
15OCT22 |
C |
C |
|
2nd |
C |
01SEPT21 |
U |
C |
C |
|
3rd |
01SEP24 |
01JAN22 |
01JAN14 |
01SEP24 |
01AUG23 |
|
Other Workers |
01APR22 |
01MAY19 |
01JAN14 |
01APR22 |
01DEC21 |
EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)
The EB-1 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain current. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.
The EB-1 cutoff date for China will advance one month to July 1, 2023. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before July 1, 2023, can file their I-485 applications with the USCIS.
The EB-1 cutoff date for India will remain October 15, 2022. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before October 15, 2022, can file their I-485 applications with the USCIS.
EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)
The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will remain current. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.
The EB-2 cutoff date for China will remain September 1, 2021. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2021 can file their I-485 applications with the USCIS.
Annual limits for the India EB-2 category were reached, and the category is now “unavailable,” meaning no further requests for visa numbers will be honored until the next fiscal year.
EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)
The EB-3 cutoff date for All Chargeability Areas and Mexico will advance one month to September 1, 2024. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before September 1, 2024, can file their I-485 applications with the USCIS.
The EB-3 cutoff date for China will advance one week to January 1, 2022. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2022 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for India will remain January 1, 2014. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before January 1, 2014 can file their I-485 applications with the USCIS.
The EB-3 cutoff date for the Philippines will remain August 1, 2023. This means that Philippines EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2023 can file their I-485 applications with the USCIS.
OTHER WORKERS
The Other Workers cutoff date for All Chargeability Areas and Mexico will advance one month to April 1, 2022. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before April 1, 2022 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for China will advance one month to May 1, 2019. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before May 1, 2019 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for India will remain January 1, 2014. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before January 1, 2014 can file their I-485 applications with the USCIS.
The Other Workers cutoff date for the Philippines will remain December 1, 2021. This means that Philippines Other Worker applicants whose I-485 applications have not yet been filed and have a priority date before December 1, 2021 can file their I-485 applications with the USCIS.
SIGNIFICANT DEVELOPMENTS
As the fiscal year approaches its end, the August 2026 Visa Bulletin shows slight advancement in several employment-based categories. It also warns that sufficient demand increased visa number use by visa applicants chargeable to India in the EB-1 category, China in the EB-2 category, and the Philippines in the EB-3 category may necessitate retrogression or visa unavailability in future fiscal year 2026 visa bulletins.
India’s prorated EB-2 limit was reached and is unavailable for the remainder of the fiscal year, and the Department of State predicts that the India EB-2 priority date will advance to July 15, 2014 or earlier as of October 1, 2026.
Contacts
If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following: