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he U.S. Department of State has published the August 2026 Visa Bulletin, showing limited forward movement in several employment-based immigrant visa categories.
For August, U.S. Citizenship and Immigration Services (USCIS) has directed employment-based adjustment of status applicants to use the Final Action Dates chart. The more favorable Dates for Filing chart may not be used for employment-based Form I-485 filings during the month. Applicants should review the current USCIS filing-chart selection before submitting an adjustment application.
Key Developments for August
The principal employment-based developments include:
- The EB-1 China cutoff advances by one month.
- The EB-1 India cutoff remains unchanged.
- EB-2 India remains unavailable.
- Several EB-3 and Other Worker dates advance modestly.
- EB-4 and Certain Religious Worker dates move forward by one month.
- EB-5 categories remain unchanged.
- India EB-5 Unreserved remains unavailable.
- All three EB-5 set-aside categories remain current for every chargeability area.
A priority date must generally be earlier than the listed cutoff date for a visa number to be available. “Current” means that visas are available to all otherwise qualified applicants in that category. “Unavailable” means that no visa numbers may be issued in the category during the applicable month.
Movement from July to August
The August bulletin provides modest advancement in several categories:
EB-1 Priority Workers
The EB-1 final action date for China advances from June 1, 2023, to July 1, 2023.
India remains at October 15, 2022. All other chargeability areas remain current.
The Department of State also warns that continued demand in EB-1 India may require the category to become unavailable before the fiscal year ends. Applicants with current priority dates should therefore proceed promptly when otherwise eligible, while understanding that visa availability may change during the month.
EB-2 Advanced Degree Professionals and Persons of Exceptional Ability
EB-2 remains current for most countries and stays at September 1, 2021, for China.
The category remains unavailable for India because the fiscal year 2026 allocation for India EB-2 has been reached. No final action may be taken on an India-chargeable EB-2 adjustment application or immigrant visa case while the category remains unavailable.
The July bulletin indicated that India EB-2 would remain unavailable through the end of fiscal year 2026 on September 30. The Department of State expects some availability to return when the new fiscal year begins in October, but the eventual cutoff date will depend on fiscal year 2027 visa limits and demand. Applicants should not assume that a particular October cutoff date is guaranteed.
EB-3 Skilled Workers and Professionals
The EB-3 final action date advances:
- From August 1, 2024, to September 1, 2024, for most countries;
- From December 22, 2021, to January 1, 2022, for China; and
- From August 1, 2024, to September 1, 2024, for Mexico.
India remains at January 1, 2014, and the Philippines remains at August 1, 2023.
Other Workers
The Other Workers cutoff advances by one month for most countries, China, and Mexico.
The dates for India and the Philippines do not change.
EB-4 and Certain Religious Workers
The final action date for EB-4 applicants advances from September 15, 2022, to October 15, 2022, across all chargeability areas.
The Certain Religious Workers category reflects the same one-month advancement.
EB-5 Immigrant Investors
No EB-5 dates change in August.
The Unreserved category remains current for most countries, at December 1, 2016, for China, and unavailable for India.
The Rural, High-Unemployment, and Infrastructure set-aside categories remain current for applicants from all countries, including China and India.
What Using the Final Action Dates Chart Means
The Visa Bulletin contains two employment-based charts:
- Final Action Dates determine when USCIS or a U.S. consulate may approve an applicant for permanent residence.
- Dates for Filing identify when certain applicants may begin submitting final-stage documentation, but adjustment applicants may use this chart only when USCIS expressly authorizes it for the month.
Because USCIS is using the Final Action Dates chart for employment-based filings in August, a foreign national may file Form I-485 only if the priority date is earlier than the applicable Final Action Date.
This restriction is particularly significant for India-born applicants. Although the August Dates for Filing chart lists January 15, 2015, for India EB-2, that date cannot be used to file an employment-based adjustment application with USCIS during August.
Applicants with previously filed adjustment applications may continue to have those cases processed, but USCIS cannot approve the application unless a visa number is available when the case is adjudicated.
Priority Dates and Country of Chargeability
Visa Bulletin eligibility generally depends on two factors:
- The applicant’s employment-based preference category; and
- The applicant’s country of chargeability, which is ordinarily the country of birth rather than citizenship or current residence.
In certain cases, an applicant may qualify to use a spouse’s country of birth through cross-chargeability. This can materially affect visa availability and should be evaluated when spouses were born in different countries.
Planning Considerations
Applicants and employers should:
- Confirm the correct preference category and country of chargeability;
- Compare the priority date with the applicable Final Action Date;
- Verify USCIS’s monthly filing-chart selection immediately before filing;
- Prepare adjustment or consular-processing documents before the priority date becomes current;
- Monitor possible retrogression or unavailability near the fiscal year’s end;
- Evaluate cross-chargeability where available; and
- Maintain valid nonimmigrant status when required while awaiting eligibility to file or approval.
Visa Bulletin movement is not always permanent. The Department of State may advance, hold, retrogress, or make a category unavailable based on demand and annual numerical limits.
Need to know more?
For questions about the August visa bulletin, please contact
This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.
Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing, and potential category alternatives.
This article is provided for general informational purposes and does not constitute legal advice. Businesses should consult qualified legal counsel regarding requirements applicable to their particular operations, workforce, and government contracts.
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