U.S. October 2026 Visa Bulletin: What Employers Need to Know About Employment-Based Green Card Timelines
Overview
The U.S. Department of State's October 2026 Visa Bulletin brings significant movement across several employment-based immigrant visa categories as the new fiscal year begins.
For October, USCIS has confirmed that employment-based adjustment-of-status applicants may use the Dates for Filing chart. This creates filing opportunities for eligible employees whose priority dates are earlier than the applicable cutoff, subject to the other requirements for adjustment of status.
The movement is not uniform. Several China employment-based categories advance substantially. India sees movement in EB-1 Dates for Filing and in EB-2 Final Action Dates, while India EB-2 and EB-3 Dates for Filing remain unchanged. Several Rest-of-World EB-2 and EB-3 categories retrogress. EB-1 remains current for most other chargeability areas.
For employers, the significance goes beyond individual immigration cases. Changes in priority-date availability can affect workforce planning, employee mobility, sponsorship timelines, and coordination between HR, Immigration, and Global Mobility teams.
What Are the Key Changes?
Dates for Filing - October 2026
For October 2026, USCIS has confirmed that employment-based adjustment-of-status applicants may use the Dates for Filing chart. An employee must have a priority date earlier than the applicable date and must meet the other requirements for adjustment of status.
India
EB-1: July 1, 2024 (advances seven months)
EB-2: January 15, 2015 (unchanged)
EB-3 Professionals and Skilled Workers: January 15, 2015 (unchanged)
China
EB-1: July 1, 2024
EB-2: January 1, 2023
EB-3 Professionals and Skilled Workers: April 1, 2024
China sees substantial advancement in the Dates for Filing chart, particularly in EB-2 and EB-3.
Other chargeability areas
EB-1: Current
EB-2: March 15, 2026
EB-3 Professionals and Skilled Workers: August 1, 2024
The Department of State states that the retrogressions are necessary to manage visa-number usage within fiscal-year limits.
Other categories (brief)
EB-3 Other Workers: China October 1, 2020; India January 15, 2015; other chargeability areas June 1, 2022
EB-4: January 1, 2025 (all countries)
EB-5 Unreserved: China March 1, 2021; India May 1, 2024; other chargeability areas Current
EB-5 set-asides (Rural, High Unemployment, Infrastructure): Current for all countries
Final Action Dates - October 2026
Final Action Dates determine when an immigrant visa number may be available for issuance, or when an adjustment-of-status application may be approved, assuming all other requirements are met.
India
EB-1: February 1, 2023
EB-2: November 1, 2013
EB-3 Professionals and Skilled Workers: January 1, 2014
India's EB-2 Final Action Date becomes available again in October.
China
EB-1: July 1, 2023
EB-2: October 1, 2021
EB-3 Professionals and Skilled Workers: January 8, 2022
Other chargeability areas
EB-1: Current
EB-2: January 1, 2025
EB-3 Professionals and Skilled Workers: May 15, 2024
Philippines
EB-3 Professionals and Skilled Workers: August 15, 2023
Other categories (brief)
EB-3 Other Workers: China October 1, 2019; India January 1, 2014; other chargeability areas January 1, 2022
EB-4: December 15, 2022 (all countries)
EB-5 Unreserved: China December 1, 2016; India December 1, 2023; other chargeability areas Current
EB-5 set-asides: Current for all countries
Who Will Be Affected?
Global Mobility and Immigration teams
Teams managing U.S. employment-based immigration should review active cases against the October cutoff dates. Particular attention should be given to:
Employees whose priority dates now fall within the applicable Dates for Filing window
Cases affected by retrogression
Employees approaching important immigration-status milestones
Cases where immigration timelines need to be coordinated with planned assignments or workforce changes
HR and HR Operations
Visa availability can affect the timing of permanent-residence processes for sponsored employees. HR should coordinate with Immigration and Global Mobility when immigration timelines are relevant to workforce planning, transfers, long-term U.S. staffing, employee communication, and retention planning.
Talent Acquisition
For employers sponsoring international talent, immigration timelines form part of longer-term hiring and workforce planning. The October bulletin reinforces the need to understand the immigration position of sponsored employees rather than treating processing as a separate administrative activity.
Business and country leaders
Leaders with U.S. teams that rely on international talent should understand where immigration timelines could affect workforce continuity or long-term staffing plans.
Employees in employer-sponsored processes
Affected employees will need accurate information about what Dates for Filing versus Final Action Dates mean for their cases. Communication should come through HR and Immigration, not as individual legal advice from this article.
Understanding the October Filing Opportunity
The most important operational point for employers is the distinction between Dates for Filing and Final Action Dates.
For October 2026, USCIS has authorized use of Dates for Filing for employment-based adjustment-of-status applications. An eligible employee may be able to submit Form I-485 even though their Final Action Date is not yet current.
Filing is not the same as approval. The underlying permanent-residence application generally cannot be approved until an immigrant visa number is available under the applicable Final Action Date and the employee satisfies all other requirements.
Employers should not present the October filing window as a guarantee of permanent residence.
A pending adjustment application may allow the employee to apply for employment authorization and travel documentation. Certain employment-based adjustment applicants may later have portability options if the application has been pending 180 days or more and the new role is in the same or a similar occupational classification. Those rules are case-specific and should be confirmed with counsel—not treated as automatic "job flexibility" upon filing.
Salary Threshold
The October 2026 Visa Bulletin does not introduce a new salary threshold.
The bulletin addresses visa-number availability and priority-date movement. It does not set a new salary threshold for the employment-based categories covered here.
Employers should continue to assess compensation and wage requirements separately according to the underlying immigration process, including applicable PERM labor certification and nonimmigrant (for example, H-1B) wage rules.
Visa availability and wage compliance are separate considerations.
Compliance Updates
1. Verify priority dates
Maintain accurate records of employee priority dates and compare them with the October Visa Bulletin. A date earlier than the relevant cutoff does not, by itself, establish eligibility. Other immigration and adjustment-of-status requirements must also be met.
2. Confirm the correct filing chart
USCIS determines which Visa Bulletin chart applies to employment-based adjustment filings. For October 2026, USCIS has confirmed Dates for Filing. Do not assume the same chart will apply in future months.
3. Review retrogressed cases
Retrogression can move a previously expected filing or approval timeline backward. Do not promise employees a specific permanent-residence timeline based on a single month's bulletin.
4. Review work authorization and Form I-9 obligations
Where an employee receives employment authorization through a pending adjustment application, ensure Form I-9 and reverification processes are handled correctly. Any automatic-extension provisions should be assessed according to the employee's specific EAD category and circumstances—not a blanket rule.
5. Coordinate with immigration counsel
Case-specific eligibility, filing strategy, documentation, and filing method should be confirmed with qualified immigration counsel.
What This Means for Employers
The October 2026 Visa Bulletin creates different workforce-planning considerations depending on country of chargeability, preference category, and priority date.
India
EB-2 and EB-3 Dates for Filing remain at January 15, 2015. EB-1 Dates for Filing advance to July 1, 2024. India also sees movement in EB-2 Final Action Dates, which return to availability at November 1, 2013. Employers with Indian talent should identify who may now file (especially EB-1), and manage expectations where EB-2 and EB-3 Dates for Filing have not moved. Applicants with priority dates significantly later than current cutoffs may remain subject to lengthy waits; future movement cannot be predicted from a single bulletin.
China
Advancement in EB-2 and EB-3 Dates for Filing means additional cases may warrant review during October. Those cutoffs advanced; they did not make those categories "current."
Other chargeability areas
EB-2 and EB-3 retrogression means previously anticipated filing timelines may need to be reassessed. EB-1 remains current for most of these areas.
Practical employer questions
Which employees may now be eligible to file?
Which cases have been affected by retrogression?
Which employees have upcoming immigration-status milestones?
Are immigration timelines aligned with planned assignments and workforce requirements?
Are HR, Immigration, and Global Mobility working from the same information?
Employers may wish to assess whether some employees could qualify for alternative employment-based pathways (for example, certain EB-1 or other categories). Eligibility is highly case-specific and is not a general recommendation.
Implementation and Next Steps
1. Review active employment-based cases
Identify employees whose priority dates are earlier than the relevant October Dates for Filing cutoffs.
2. Separate filing opportunities from approval timelines
For each affected case, distinguish eligibility to file from eligibility for final approval.
3. Coordinate documentation
Work with the immigration team or counsel on documentation and case preparation for eligible employees. Include any applicable medical examination and family-member requirements as counsel advises.
4. Review cases affected by retrogression
Identify employees whose expected filing or approval timelines may need to be reassessed because of the October cutoffs.
5. Align immigration with workforce planning
Incorporate immigration timelines into talent acquisition, employee mobility, relocation planning, workforce forecasting, and long-term staffing.
6. Monitor future Visa Bulletins
Visa availability can change from month to month. Review each new bulletin rather than assuming October's dates will continue unchanged. Establish a process for reviewing changes and communicating relevant developments to affected employees.
Key Takeaway
The October 2026 U.S. Visa Bulletin creates significant movement across employment-based immigration categories, but the impact varies by country of chargeability and preference category.
For employers, the immediate priority is to identify employees who may now be eligible to file, review cases affected by retrogression, and ensure immigration timelines are considered alongside broader workforce planning.
The October filing opportunity should be treated as a case-management and workforce-planning consideration, not as a guarantee of permanent-residence approval.
This article is intended for informational purposes only and does not constitute legal or immigration advice. Immigration requirements and applicability may vary depending on permit category, local regulations, and individual case circumstances. For tailored guidance specific to your organisation’s needs, please reach out to Anywr’s immigration experts for a consultation.
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About Anywr
Anywr is a French international group specializing in global mobility solutions.
Founded in 2012, Anywr operates in 12 countries across 4 continents. Our mission is to support companies in addressing their Human Resources challenges. We respond to your needs in terms of international mobility, particularly in terms of immigration policies, relocation, the implementation of mobility policies and EOR.
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