August 2026 Visa Bulletin: EB-1 India May Become Unavailable

What Happened

The U.S. Department of State released the [August 2026 Visa Bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-august-2026.html) in mid-July, bringing modest advances in a few employment-based categories but delivering a stark warning for Indian nationals: EB-1 India may become unavailable in the coming weeks as annual visa numbers approach exhaustion.

The bulletin shows no forward movement for Indian applicants in any major employment-based category. EB-2 India remains "Unavailable" for the second consecutive month after going dark in the [July 2026 bulletin](https://haven-five-hazel.vercel.app/blog/july-2026-visa-bulletin-eb2-india-unavailable). EB-3 India is frozen at a Final Action Date of January 1, 2014 — a backlog stretching more than 12 years. And the State Department's explicit warning that EB-1 India could follow EB-2 into unavailability marks a significant escalation from the [retrogression](https://haven-five-hazel.vercel.app/blog/july-2026-visa-bulletin-eb1-india-retrogression) seen earlier this fiscal year.

USCIS confirmed it will accept employment-based adjustment of status applications in August based on the [Final Action Dates chart](https://www.uscis.gov/visabulletininfo), not the Dates for Filing chart. Applicants can only file or receive approval if their priority date is earlier than the applicable Final Action Date — and for EB-2 India, no one qualifies.

August 2026 Final Action Dates at a Glance

Key employment-based Final Action Dates for August 2026, with changes from the July bulletin noted:

• **EB-1 China:** July 1, 2023 (advanced one month)
• **EB-1 India:** October 15, 2022 (unchanged — State Dept warns may become unavailable)
• **EB-1 All Other Countries:** Current (no backlog)
• **EB-2 China:** September 1, 2021 (unchanged)
• **EB-2 India:** Unavailable (continued from July)
• **EB-2 All Other Countries:** Current
• **EB-3 Professionals — China:** January 1, 2022 (advanced approximately one week)
• **EB-3 Professionals — India:** January 1, 2014 (unchanged)
• **EB-3 Professionals — Philippines:** August 1, 2023 (unchanged)
• **EB-3 Professionals — All Other Countries:** September 1, 2024 (advanced one month)
• **EB-3 Other Workers — India:** January 1, 2014 (unchanged)
• **EB-3 Other Workers — All Other Countries:** April 1, 2022 (unchanged)

EB-1 India: The Unavailability Warning

The most significant development in the August bulletin is the State Department's warning that the EB-1 Final Action Date for India "may become unavailable in the coming weeks due to high demand and use of immigrant visa numbers in that category." This language signals that India's annual EB-1 allocation — governed by the [7% per-country limit under INA § 202(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim) — is on track to be exhausted before the fiscal year ends on September 30, 2026.

If EB-1 India goes unavailable, no immigrant visas can be issued and no adjustment of status applications can be approved under that category until new visa numbers become available — typically when the new fiscal year begins on October 1. This would affect EB-1A (extraordinary ability), EB-1B (outstanding researchers and professors), and EB-1C (multinational executives and managers) applicants chargeable to India.

The warning follows several months of heavy demand for employment-based immigrant visas from India. After a temporary slowdown earlier in FY2026, immigrant visa issuance rates have accelerated, consuming annual allocations faster than projected. Immigration firm [Fragomen noted](https://www.fragomen.com/insights/united-states-august-2026-visa-bulletin-modest-advancement-for-several-EB-categories-eb-1-india-may-become-unavailable-in-coming-weeks-uscis-to-accept-final-action-dates-for-EB-categories.html) that the State Department will continue monitoring visa usage and make adjustments as necessary.

EB-2 Stays Frozen — Worldwide Retrogression Possible

EB-2 India remains "Unavailable (U)" for August, the second consecutive month without any visa numbers. The category first went dark in the [July 2026 bulletin](https://haven-five-hazel.vercel.app/blog/july-2026-visa-bulletin-eb2-india-unavailable) after annual numbers were exhausted. Indian professionals in technology, healthcare, engineering, finance, and research — the core EB-2 population — cannot file or receive approval for adjustment of status applications until fresh numbers become available in FY2027.

The State Department also cautioned that "increasing demand in the worldwide EB-2 category may require further retrogression or additional periods of unavailability in the coming months to stay within the annual visa cap." This warning extends the risk beyond India-born applicants: even Rest-of-World EB-2 filers — currently showing "Current" — could see their dates retrogress before September 30 if demand accelerates.

Where Dates Advanced

Despite the pressure on India, a few categories saw modest forward movement in August. EB-1 China advanced one month to July 1, 2023, and the Worldwide EB-3 Professionals category advanced one month to September 1, 2024. EB-3 China moved forward by approximately one week to January 1, 2022.

The State Department attributed these advances to a temporary decrease in immigrant visa issuance rates for nationals of certain countries, which freed up numbers for forward movement. However, the agency cautioned that as demand increases — particularly as end-of-fiscal-year consular posts push to use their allocations — retrogression or unavailability may follow in multiple categories before September 30.

What Attorneys Should Know

**USCIS chart selection.** USCIS will honor the Final Action Dates chart for employment-based adjustment of status in August. The Dates for Filing chart is not being used. To be eligible to file an employment-based I-485 in August, an applicant's priority date must be earlier than the applicable Final Action Date. For EB-2 India, no filing or approval is possible. For EB-1 India, filing remains open only while the Final Action Date of October 15, 2022 holds — if the category goes unavailable mid-month, pending applications will continue to be processed but new filings may be rejected.

**Timing urgency for EB-1 India.** If you have EB-1 India clients with approved I-140 petitions and priority dates before October 15, 2022 who have not yet filed I-485, the window may close within weeks. Consider [premium processing](https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing) for pending I-140s (45 calendar days for EB-1 classifications) to secure approvals before potential unavailability. An I-485 filed while the category is current will be receipted, even if the category later goes unavailable — but USCIS will not approve it until a visa number is available.

**End-of-FY dynamics.** September is historically the month when the State Department makes final adjustments to visa bulletin cutoff dates. Unused visa numbers from family-based preferences and other EB categories can [fall down under the statutory spillover provisions](https://haven-five-hazel.vercel.app/blog/fy2026-eb-spillover-46000-extra-green-cards). Watch the September 2026 bulletin (expected mid-August) for final-month adjustments that could temporarily reopen or further restrict categories.

**EB-2 worldwide watch.** The State Department's warning about potential EB-2 worldwide retrogression is notable because this category is currently "Current" for Rest-of-World applicants. Advise clients with recently approved EB-2 I-140s — particularly those from countries other than India and China — to file I-485 promptly while dates remain current.

What Applicants Should Do

If you're waiting for an employment-based green card, the August 2026 bulletin requires immediate attention to your filing strategy:

• **EB-1 India applicants:** If your priority date is before October 15, 2022, talk to your attorney now about filing or expediting your I-485 adjustment of status application. The category could become unavailable at any time in the coming weeks.
• **EB-2 India applicants:** No action is possible this month. Your category is unavailable. New visa numbers are expected when FY2027 begins on October 1, 2026. Monitor the September bulletin for any end-of-year adjustments.
• **EB-3 India applicants:** Your Final Action Date of January 1, 2014 did not move. If your priority date is earlier than that date, you can still file or maintain your pending I-485.
• **EB-2 and EB-3 filers from other countries:** If your category shows "Current" and you have an approved I-140, consider filing I-485 promptly. The State Department warned that EB-2 worldwide could retrogress before September 30.
• **All applicants with pending I-485s:** A category going "Unavailable" does not mean your application is denied. It means USCIS cannot approve it until new numbers become available. Your application remains in the queue. Do not withdraw pending applications.