September 2026 Visa Bulletin: EB-2 India Unavailable, EB-1 at Risk

What Happened

The U.S. Department of State released the [September 2026 Visa Bulletin](https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_September2026.pdf) on August 22, covering the final month of Fiscal Year 2026, which ends September 30. This is the last bulletin before the annual reset in October.

Across employment-based (EB) categories, final action dates are nearly frozen compared to August. The headline: **EB-2 India remains listed as "Unavailable"** for the second consecutive month, meaning no immigrant visa numbers can be issued to EB-2 India applicants. Meanwhile, the State Department has repeated its warning that **EB-1 India could also become unavailable** before the fiscal year closes if demand continues at current levels.

The bulletin also confirms a significant administrative update: the FY 2026 worldwide employment-based preference limit has been set at **186,317 visas** — substantially higher than the statutory floor of 140,000. This recalculation, based on unused family-sponsored numbers from the prior fiscal year, raises the per-country limit to **28,862** (up from the earlier estimate of 25,620).

September 2026 Final Action Dates — Employment-Based Categories

Below are the final action date cutoffs from the September 2026 bulletin. "Current" means no backlog — any approved petition in that category can proceed. "Unavailable" means no visa numbers are allocated for the month.

• **EB-1 (All countries except China and India):** Current
• **EB-1 China (mainland born):** July 1, 2023 (unchanged from August)
• **EB-1 India:** October 15, 2022 (unchanged from August) — **WARNING: could become unavailable before Sept. 30**
• **EB-2 (All countries except China and India):** Current
• **EB-2 China (mainland born):** September 1, 2021 (unchanged from August)
• **EB-2 India:** Unavailable (second consecutive month)
• **EB-3 Skilled Workers (All countries except China, India, Philippines):** September 1, 2024 (unchanged)
• **EB-3 China (mainland born):** January 1, 2022 (unchanged)
• **EB-3 India:** January 1, 2014 (unchanged)
• **EB-3 Philippines:** August 1, 2023 (unchanged)

Who's Affected

The September bulletin's stagnation hits several groups hardest:

• **EB-2 India applicants (including NIW):** With EB-2 India unavailable, no I-485 applications can be approved and no immigrant visas issued in this category through at least September 30. Applicants with pending I-485s will not receive green cards this month. This marks the second consecutive month of complete unavailability — the category went unavailable in August 2026 after the per-country limit was exhausted.
• **EB-1 India applicants (EB-1A, EB-1B, EB-1C):** The October 15, 2022 cutoff date is unchanged, but the State Department's explicit warning means applicants with priority dates near this cutoff face the real possibility that EB-1 India could be marked unavailable mid-month if India's pro-rated allocation is consumed.
• **EB-3 India applicants:** The January 1, 2014 cutoff date has not moved, leaving applicants with more recent priority dates in a queue that stretches over 12 years.
• **EB-2 and EB-3 China applicants:** No movement at September 1, 2021 (EB-2) and January 1, 2022 (EB-3) respectively. Progress has stalled heading into the fiscal year-end.
• **Employers sponsoring EB-2/EB-3 workers from India:** PERM and I-140 processing continues normally, but the final step — I-485 adjudication or consular visa issuance — is blocked for EB-2 India and deeply backlogged for EB-3 India.

FY 2026 EB Annual Limit: 186,317 Confirmed

A key administrative development in the September bulletin is the confirmation of the FY 2026 worldwide employment-based preference limit at **186,317 visas**. This figure was finalized after USCIS submitted updated data to the State Department in late July 2026.

Under [INA § 201(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151&num=0&edition=prelim), the EB annual limit starts at 140,000 but increases by the number of unused family-sponsored visa numbers from the previous fiscal year. The 186,317 figure represents roughly 46,000 additional numbers carried over from unused FY 2025 family-sponsored allocations.

This recalculation also raised the [INA § 202](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim) per-country ceiling from the initially estimated 25,620 to **28,862** (7% of 186,317 combined with the 2.7% dependent-area ceiling of **8,247**). While these higher caps provide some additional room, they have not been sufficient to prevent EB-2 India from going unavailable, given the enormous demand from India-chargeable applicants.

What Attorneys Should Know

**Filing strategy for EB-2 India:** With EB-2 India unavailable, consider whether downgrading to EB-3 India (cutoff Jan. 1, 2014) makes sense for clients with priority dates before that cutoff. An I-140 downgrade or concurrent EB-3 filing may allow earlier adjudication, though the EB-3 India queue is itself severely backlogged. Evaluate each client's priority date against both cutoffs before recommending a switch.

**EB-1 India mid-month risk:** The State Department's warning language ("high demand and number use by applicants chargeable to India may make the EB1 category unavailable") is not new — the August bulletin carried the same caution — but with the fiscal year ending September 30, the risk of an actual mid-month cutoff is now acute. Advise EB-1 India clients with pending I-485s to ensure all evidence and medical exams are current. Clients awaiting consular interviews should monitor the bulletin for any mid-month update.

**Chart determination pending:** USCIS has [not yet announced](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin) whether September filings use Chart A (Final Action Dates) or Chart B (Dates for Filing). August used Chart A. If USCIS selects Chart B for September, additional applicants in non-India/China categories may become eligible to file I-485, but this would not help EB-2 India (unavailable under both charts) or EB-1 India (where the risk is on the Final Action side).

**INA § 202 per-country limit implications:** The confirmed per-country ceiling of 28,862 is higher than earlier projections, but India's demand vastly exceeds any single-country cap. The per-country limit remains the structural driver of the EB-2 India and EB-3 India backlogs. The quarterly spillover mechanism under [INA § 202(a)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1152&num=0&edition=prelim) allows unused numbers from undersubscribed countries to flow to oversubscribed ones, but only after per-country limits are exhausted.

What Applicants Should Do

If you're waiting in an employment-based green card queue, here are concrete steps for September:

• **EB-2 India applicants:** Your category is frozen. No action is needed on I-485s this month — they will not be adjudicated while the category is unavailable. Focus on keeping your I-140 valid, maintaining your nonimmigrant status (H-1B, L-1, etc.), and ensuring your employer does not withdraw the underlying petition. If your priority date is before January 1, 2014, discuss an EB-3 downgrade with your attorney.
• **EB-1 India applicants:** If your priority date is on or before October 15, 2022, your case is technically current — but the State Department warns the category could become unavailable before September 30. Ensure your I-485 is complete, medical exams (I-693) are valid, and your attorney is monitoring for mid-month bulletins.
• **EB-3 India applicants:** The January 1, 2014 cutoff has not moved. If your priority date is before this date, your case is current under Chart A. Confirm your I-485 is pending and all supporting documents are up to date.
• **All applicants:** Watch for the USCIS announcement on which chart applies to September. Check [uscis.gov/visabulletininfo](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin) in the coming days.

What to Watch in October

The October 2026 Visa Bulletin — the first of FY 2027 — typically brings date resets. Historically, EB categories that went unavailable at fiscal year-end reopen with new (often advanced) cutoff dates in October. EB-2 India applicants should watch for whether the October bulletin restores visa availability and where the new cutoff lands.

The FY 2027 EB annual limit will be recalculated based on unused FY 2026 family-sponsored numbers. Whether FY 2027 sees a similar spillover bump (above the 140,000 floor) will depend on family-based demand patterns this year. The State Department typically publishes the October bulletin in mid-September.