September 2026 Visa Bulletin: Employment Dates Freeze as FY2026 Ends
September is the last month of FY2026. EB-2 China remains at a Final Action Date of September 1, 2021 and EB-1 China remains at July 1, 2023, unchanged from August. USCIS still requires employment-based I-485 filings to use Final Action Dates. DOS warns that EB-2 and other categories may retrogress or become unavailable before September 30.
September 2026 Visa Bulletin: Employment Dates Freeze as FY2026 Ends #
Key Takeaways
- EB-2 China Final Action Date remains September 1, 2021; Dates for Filing remains January 1, 2022
- EB-1 China Final Action Date remains July 1, 2023, still well ahead of EB-2
- EB-3 China remains January 1, 2022; EB-2 India is unavailable for a third straight month
- USCIS confirmed that employment-based adjustment applicants must use the Final Action Dates chart in September
- DOS warns that EB-2, EB-1 India, and EB-5 unreserved may retrogress or become unavailable before September 30, 2026
- Separate from the bulletin: new Form I-539/I-765 editions on September 15 and a new Form I-485 edition on September 18, with no grace period
The Department of State has published the September 2026 Visa Bulletin, the last bulletin of FY2026. For mainland-China-born NIW and EB1A applicants, the employment dates that mattered in August are unchanged.
The news is not another advance. It is the combination of a freeze, a fiscal-year-end unavailability warning, and USCIS's confirmation that employment-based I-485 filings still use Final Action Dates. This article is based on the September 2026 Visa Bulletin (CA/VO: August 10, 2026) and the USCIS adjustment filing-chart page updated September 1, 2026. It is not legal advice. Questions about filing eligibility, status, or consular processing should go to a licensed U.S. immigration attorney.
For the method, see How to read the EB-2 Visa Bulletin.
September 2026 dates that matter #
| Category | Final Action Date | Dates for Filing | Change vs August |
|---|---|---|---|
| EB-1 China | July 1, 2023 | December 1, 2023 | None |
| EB-2 China | September 1, 2021 | January 1, 2022 | None |
| EB-3 China | January 1, 2022 | January 8, 2022 | None |
| EB-1 India | October 15, 2022 | December 1, 2023 | Final Action held; unavailability warning |
| EB-2 India | Unavailable | January 15, 2015 | Still closed |
USCIS states that family-sponsored filers use Dates for Filing in September, and all employment-based categories must use Final Action Dates. A Dates for Filing date of January 1, 2022 for EB-2 China does not authorize an I-485 filing.
Why a freeze still matters #
A September freeze is common. The more important language is in the bulletin's availability notes:
- High demand in EB-1 India may make the category unavailable in the coming weeks
- Demand and number use in EB-2 may require retrogression or unavailability before the fiscal year ends
- EB-5 unreserved carries a similar warning
That is a warning, not a current cutoff change. EB-2 China is still listed at September 1, 2021. It does mean dates can still tighten between now and September 30.
FY2027 begins October 1, when visa numbers are recalculated. That has often produced movement later in the fall. It is not a promise. If a category becomes unavailable in September, pending cases can still be affected by visa-number limits.
What China-born applicants should do in September #
| Situation | September action |
|---|---|
| Priority date after September 1, 2021 | File the I-140 if the case is ready; keep building independent letters and peer-review evidence |
| Priority date near Chart A | Assemble I-485 materials, then re-check the chart, the form edition, and whether the category is still open |
| I-485 already filed | Watch for mid-month unavailability notices; keep status records clean |
| Evidence close to EB1A | The EB-1 backlog is still shorter than EB-2 even without a September advance |
| F-1, OPT, or dependent status | Treat September 15 form editions as a separate deadline from the green-card bulletin |
Form editions are a second September calendar: I-539 and I-765 on September 15, I-485 on September 18, none of them with a grace period.
FAQ #
Could EB-2 China become unavailable later in September?
DOS warned that the EB-2 category may retrogress or become unavailable before fiscal year-end. That is not the same as China already being marked U. The published China EB-2 Final Action Date is still September 1, 2021. Watch for later DOS or USCIS notices.
Can I file an employment-based I-485 in September using Dates for Filing?
USCIS has said employment-based filers must use Final Action Dates in September.
Should I wait for October instead of filing an NIW I-140 now?
Visa-number movement in October, if it happens, does not decide whether an I-140 can be adjudicated or whether a priority date can be captured. Waiting on a forecast does not replace evidence work.
My priority date is in 2024. Should I file the old I-485 on September 17 to beat the form change?
Generally no. A new form edition does not create filing eligibility. China EB-2 remains at September 1, 2021 on Chart A.
Bottom line #
September 2026 leaves China EB-2 at September 1, 2021 and China EB-1 at July 1, 2023. USCIS is still on Final Action Dates. The actionable part of the month is not a new cutoff. It is the fiscal-year-end unavailability risk, plus the September 15 and September 18 form-edition cutoffs.
GloryAbroad can help you separate I-140 evidence work, status-maintenance filings, and I-485 timing. For legal determinations, consult a licensed U.S. immigration attorney.