EB-2 moves backward, EB-1 stays current
The October 2026 Visa Bulletin opens fiscal year 2027 with a setback for most EB-2 National Interest Waiver (NIW) applicants. EB-2 was current for most countries in September. In October, the EB-2 Final Action Date moves back to January 1, 2025.
The news is better in EB-1. The category that covers EB-1A extraordinary ability, EB-1B outstanding researchers and EB-1C multinational managers stays current for most countries.
Key points for green card applicants this month:
- EB-2 (most countries): Final Action Date of January 1, 2025 and Dates for Filing cutoff of March 15, 2026.
- EB-1 (most countries): current on both charts, with no priority date wait.
- India: EB-1 advances to February 1, 2023, and EB-2 reopens at November 1, 2013 after being unavailable.
- China: EB-1 holds at July 1, 2023, and EB-2 advances one month to October 1, 2021.
- Filing chart: USCIS is reported to be accepting employment-based adjustment of status applications under the Dates for Filing chart in October.
What changed in the October 2026 Visa Bulletin
The table compares EB-1 and EB-2 priority dates in the September and October 2026 Visa Bulletins. “Most countries” means every country except mainland China and India. That group includes Nigeria, Ghana, Kenya, the United Kingdom and Pakistan, and in these two categories Mexico and the Philippines share the same dates.
Category Country of chargeability September Final Action Date October Final Action Date October Dates for Filing EB-1 Most countries Current Current Current EB-1 China July 1, 2023 July 1, 2023 July 1, 2024 EB-1 India October 15, 2022 February 1, 2023 July 1, 2024 EB-2 Most countries Current January 1, 2025 March 15, 2026 EB-2 China September 1, 2021 October 1, 2021 January 1, 2023 EB-2 India Unavailable November 1, 2013 January 15, 2015The Department of State says some “Rest of World” employment-based categories retrogressed to keep visa issuances within quarterly and annual limits for fiscal year 2027. It also says it will keep monitoring demand and adjust the dates as needed.
A quick reminder of the two charts:
- Final Action Dates show when a green card can actually be approved.
- Dates for Filing show when an applicant can submit the green card application, if USCIS allows that chart for the month.
What EB-2 retrogression means for EB-2 NIW applicants
The Visa Bulletin does not stop anyone from filing an EB-2 NIW petition. The Form I-140 petition can be filed at any time, and the date USCIS receives it becomes the applicant's priority date.
What the bulletin controls is the final green card step. That step is either Form I-485, adjustment of status, inside the United States or an immigrant visa at a U.S. consulate abroad.
For EB-2 NIW applicants from most countries, the October 2026 dates work like this:
- Priority date before January 1, 2025: a visa number is available and the green card can be approved.
- Priority date before March 15, 2026: the applicant falls within the Dates for Filing cutoff that USCIS is reported to be using for October.
- Priority date on or after March 15, 2026: the I-140 can still be filed and decided, but the green card step waits until the date becomes current.
A new EB-2 NIW petition filed today receives an October 2026 priority date. That is later than both cutoffs, so filing the I-485 together with the I-140 is not available to most new EB-2 filers this month.
This is a real change from the summer. When EB-2 was current, eligible applicants in the United States could file both forms at the same time.
EB-1A stays current for most countries
EB-1 is current on both charts for every country except China and India. An EB-1A, EB-1B or EB-1C applicant from those countries has no priority date wait in October 2026.
That makes the gap between the two categories wider than it was in September. An EB-1 applicant can move to the green card step as soon as the rest of the case allows, while a new EB-2 NIW applicant now waits for a visa number.
The EB-1A standard is higher than the EB-2 NIW standard. EB-1A requires evidence of extraordinary ability, shown by a major internationally recognized award or by meeting at least three of ten regulatory criteria. USCIS then weighs the record as a whole.
EB-2 NIW requires an advanced degree or exceptional ability, plus a proposed endeavor that meets the three-part test from Matter of Dhanasar. Some professionals have a record that supports both categories, and the October bulletin is a good reason to look at that question again.
Which chart USCIS is using, and why the first filing matters more
USCIS decides each month which Visa Bulletin chart adjustment of status applicants must use. From May through September 2026 it required the stricter Final Action Dates chart for employment-based cases. For October 2026 it is reported to be accepting filings under the Dates for Filing chart.
Always confirm the chart on the USCIS adjustment of status filing charts page before filing. The choice can change from one month to the next.
Two other 2026 changes raise the stakes for the initial filing:
- Denial without an RFE. Under Policy Alert PA-2026-05, issued August 5, 2026, USCIS officers may deny a petition without first sending a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). Officers may also set RFE response periods shorter than 12 weeks.
- New Form I-485. Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485, which reflects the new public charge rule.
Together these changes mean an EB-2 NIW or EB-1A petition should be complete on the day it is filed. Evidence for each Dhanasar prong, or for each EB-1A criterion claimed, belongs in the original I-140 package, not in a later response.
Frequently asked questions
Is EB-2 NIW still current in the October 2026 Visa Bulletin?
No. For most countries the EB-2 Final Action Date is January 1, 2025, and the Dates for Filing cutoff is March 15, 2026. EB-2 was current for those countries in September 2026.
Can I still file an EB-2 NIW petition in October 2026?
Yes. The I-140 petition is not limited by the Visa Bulletin, and filing it sets the priority date. The bulletin only decides when the green card application or immigrant visa step can go forward.
Does the October 2026 Visa Bulletin affect EB-1A?
Not for most countries, because EB-1 remains current on both charts. Applicants charged to India have a Final Action Date of February 1, 2023, and applicants charged to China have July 1, 2023.
When will EB-2 become current again?
No date has been announced. The Department of State says it is monitoring demand and will adjust the dates during fiscal year 2027, so the monthly Visa Bulletin is the place to watch.
Which country's dates apply to me?
Visa Bulletin dates generally follow the applicant's country of birth, not citizenship or residence. Applicants born anywhere other than mainland China, India, Mexico or the Philippines use the “All Chargeability Areas” column.
Prepare your petition with Immigration Horizons
Immigration Horizons prepares EB-2 NIW, EB-1A, EB-1B and EB-1C petitions for professionals around the world. With USCIS now able to deny a petition without an RFE, a complete and well-documented I-140 package matters more than ever.
Request a consultation through our website to have your profile reviewed for EB-2 NIW and EB-1A petition preparation.
Immigration Horizons is a petition preparation consultancy, not a law firm. This article is general information and is not legal advice. For advice about your own case, consult a licensed immigration attorney.