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The State Department’s September 2026 Visa Bulletin held cutoff dates steady from August, but it came with a warning attached. Employment-based visa retrogression could hit several categories before the fiscal year closes on September 30. High demand is pushing some annual limits toward their ceiling.
The categories most exposed are EB-1 and EB-2 for applicants born in India, along with EB-5 Unreserved. India’s EB-2 category has already become unavailable at points this fiscal year after its prorated limit was reached, a preview of what could happen more broadly in the final days of September.
This is bureaucratic language for a simple fact. The line moved backward, or stopped. Applicants near the front felt it first. Those further back barely noticed. That gap is the whole story here.
The short version: The fiscal year ends September 30. EB-1 India, EB-2 and EB-5 Unreserved are at risk. September cutoff dates held steady from August. India’s EB-2 has already gone unavailable once. New numbers open October 1. Check your priority date now.
What Retrogression Actually Means
A visa category “retrogresses” when the government pulls its cutoff date backward because more people applied than there is annual visa capacity to cover. A category can also become “unavailable,” which pauses new visa issuance in that category entirely until the next fiscal year opens on October 1. Both outcomes leave applicants who were close to their priority date waiting longer than expected.
Why India’s Categories Are Under the Most Pressure
Demand for employment-based green cards from India has outpaced the per-country limits built into US immigration law for years, creating long-standing backlogs. Each fiscal year’s final weeks tend to be when the State Department has the least room to maneuver, since annual number limits are fixed and cannot be exceeded regardless of demand.
What the September Bulletin Actually Says
Cutoff dates across employment-based and family-based categories generally held steady from August to September 2026, with no forward movement but also no retrogression announced in the bulletin itself. The warning is about what could still happen in the final days of the fiscal year if demand continues at its current pace, not something that has already occurred bulletin-wide.
Read the fine print carefully. A steady bulletin is not a guarantee. It is a snapshot. Snapshots change fast in September. Ask your attorney before you assume anything.
The State Department publishes two sets of dates each month: a “final action” chart that governs when a visa can actually be issued, and a “dates for filing” chart that governs when an application can be submitted. Applicants sometimes confuse the two, and immigration attorneys note that a category remaining open on the filing chart does not guarantee the final action chart will not still tighten before September 30.
Why Employment-Based Visa Retrogression Keeps Recurring in September
This is not the first time the government has flagged year-end pressure on employment categories, and it is unlikely to be the last. Annual visa number limits are fixed by statute, while application volume fluctuates based on economic conditions, processing backlogs and employer sponsorship trends that shift from year to year. When those two lines cross late in a fiscal year, the State Department has only one lever available: slow down or pause issuance until the count resets on October 1.
What Applicants Can Do Now
Applicants with pending cases in the affected categories should confirm their priority dates are current before taking any action that depends on visa availability, such as scheduling a final interview or filing to adjust status. Immigration attorneys generally advise against assuming a category will remain available through September 30 in a year when the government has already flagged possible retrogression.
Employers sponsoring foreign workers in the affected categories should also build extra lead time into any planning tied to a specific priority date, since a category that retrogresses can take months to recover once the new fiscal year’s allocation opens.
The numbers at a glance: Fiscal year ends: September 30. Categories flagged: EB-1 India, EB-2, EB-5 Unreserved. September movement: none from August. New numbers open: October 1. Bulletin issued by: US State Department.
Visa Bulletin Questions, Answered
What does “unavailable” mean on the visa bulletin?
It means no more visas can be issued in that category until the new fiscal year begins on October 1.
Which categories are most at risk this year?
EB-1 India, EB-2, and EB-5 Unreserved, according to the State Department’s own guidance.
Did the September bulletin already show retrogression?
No. Cutoff dates held steady from August, but the department warned further movement could come before September 30.
Why does India face more pressure than other countries?
Per-country limits combined with high application volume from India have created backlogs that are worse than in most other countries.
When does the pressure typically ease?
At the start of the new fiscal year on October 1, when annual visa number limits reset.
More Context
- Canada’s Express Entry system offers a different model for managing skilled migration demand.
- A separate rule change is reshaping how green card applications are assessed this month.
- The UK’s own staggered immigration changes show backlogs are a global, not just American, pressure point.
Sources
- Gibney — September 2026 Visa Bulletin Released. gibney.com
- Murthy Law Firm — September 2026 Visa Bulletin. murthy.com
- RJ Immigration Law — September 2026 Visa Bulletin: Key Updates, Trends & What to Expect. rjimmigrationlaw.com
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