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The September 2026 Visa Bulletin holds final action dates steady from August, but the State Department is warning that several employment-based categories could still run out of room before the fiscal year ends. EB-2 India remains unavailable, and EB-2 for every other country now carries a retrogression risk.
What the September 2026 Visa Bulletin Changed
EB-1, EB-2, EB-3, and EB-5 final action dates all carried over from August without movement. EB-2 China sits at September 1, 2021. EB-2 India stays marked “U” for unavailable, a status it has held for months. EB-5 set-aside categories, covering rural, high-unemployment, and infrastructure projects, remain current.
USCIS confirmed it will continue accepting adjustment of status applications using the bulletin’s final action dates in September, not the more generous dates of filing chart. That detail matters for anyone timing a filing this month.
The Retrogression Warning Buried in the Fine Print
The State Department flagged three categories that could still move backward or close entirely before September 30. EB-1 India, EB-2 across all countries, and the EB-5 unreserved category all face possible retrogression. The risk grows if demand keeps pace with recent filing volumes.
This is a year-end mechanic, not a new policy. Consular officers and USCIS track how many visa numbers remain in each category’s annual allocation. When usage nears the ceiling, the State Department pulls dates backward. That step keeps the government from exceeding the legal cap before the fiscal year closes.
Immigration data from prior years shows this warning language does not always turn into an actual retrogression. Categories flagged in past September bulletins have sometimes held steady through month’s end, while others moved back by weeks.
Who Actually Feels This
Applicants with pending adjustment of status cases in EB-2 or EB-5 unreserved face the most exposure. A retrogression does not cancel an approved case. It can pause final approval until the new fiscal year opens more visa numbers on October 1.
The pattern echoes July’s bulletin, which froze EB-2 India and unreserved EB-5 outright. September’s bulletin holds those same categories in place. It adds a formal warning that other categories could follow before the month ends.
Applicants working with an immigration attorney should ask directly whether their specific category and country combination falls inside the categories the State Department flagged this month, since the warning does not apply evenly across every employment-based category.
Family-based categories are not part of this month’s warning. The retrogression risk is specific to the employment-based categories named above and does not extend to family sponsorship preference categories in the same bulletin.
How a Fiscal Year-End Squeeze Actually Works
Congress sets an annual cap on how many green cards each employment-based category can issue. The State Department tracks usage all year and adjusts final action dates to keep each category from exceeding its cap before the fiscal year closes on September 30.
When a category is close to its limit, the bulletin can move a date backward mid-cycle, sometimes with only a few weeks’ notice. That is exactly the scenario the September 2026 Visa Bulletin is warning about for EB-1 India, EB-2 worldwide, and EB-5 unreserved this month.
What a Fresh Fiscal Year Usually Brings
October 1 resets the clock. A new fiscal year opens a fresh annual allocation for every employment-based category, which typically restores or advances dates that retrogressed in the final weeks of the prior year. Applicants who see their category pull back in September have historically seen it recover, at least partially, once the new fiscal year’s numbers become available.
That recovery is not guaranteed to return a category all the way to where it stood earlier in the year, and high-demand categories like EB-2 India can still open more slowly than lower-demand ones.
What This Means for Your Priority Date
If your priority date already qualifies under the current final action date, file or continue your case as planned this month. If your category is one of the three flagged for possible retrogression, expect USCIS and consular processing to move faster in September. Processing in early October, once a new annual allocation resets the categories, could slow down again temporarily.
Immigration attorneys are advising clients in flagged categories to have all documentation ready now rather than waiting, since a mid-month retrogression can happen with little formal notice.
Employers sponsoring green card cases in flagged categories should coordinate closely with counsel this month, since a retrogression can affect start dates and onboarding plans for incoming hires already in the pipeline.
Frequently Asked Questions
Did EB-2 India move in the September 2026 Visa Bulletin?
No. EB-2 India remains marked unavailable, a status unchanged from recent months.
Which categories could still retrogress before September 30?
The State Department flagged EB-1 India, EB-2 for all countries, and the EB-5 unreserved category as at risk of retrogression before the fiscal year ends.
Does USCIS use final action dates or dates of filing this month?
USCIS confirmed it will use the final action dates chart for adjustment of status filings in September 2026.
What happens to my case if my category retrogresses?
An approved petition is not cancelled, but final approval of a pending adjustment of status case can pause until new visa numbers become available, typically at the start of the next fiscal year on October 1.
Related Coverage on Tamara News
- The July 2026 Visa Bulletin Froze EB-2 India and Unreserved EB-5 Until October
- USCIS Just Quietly Rewrote a Rule That Could Sink Your Green Card Case
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