September 2026 U.S. Visa Bulletin: What Employers Need to Know About Employment-Based Visa Availability
Overview
The U.S. Department of State (DOS) has published the September 2026 Visa Bulletin, establishing the final immigrant visa cutoff dates for Fiscal Year (FY) 2026. While headline Final Action Dates across major employment-based (EB) preference categories remain unchanged from August, the bulletin carries an important operational advisory for human resources and global mobility leaders.
The State Department has advised that EB-1 India may become unavailable, and that EB-2 and EB-5 Unreserved categories may need to retrogress or become unavailable before the fiscal year concludes on September 30, 2026.
Simultaneously, U.S. Citizenship and Immigration Services (USCIS) confirmed that it will use the Final Action Dates chart rather than the Dates for Filing chart for all employment-based adjustment of status (Form I-485) applications submitted in September.
For HR Directors, Global Mobility Managers, and Talent Acquisition leaders managing cross-border talent pipelines, steady cutoff dates on paper should not be mistaken for static operational risk. Below is Anywr India’s breakdown of the latest visa availability developments, affected employee cohorts, business implications, and practical next steps for employers.
What Are the Key Changes?
The Department of State's September 2026 Final Action Dates for key employment-based preference categories are established as follows:
EB-1 (Priority Workers): Cutoff dates hold steady across all regions. The cutoff for applicants chargeable to India remains October 15, 2022. China holds at July 1, 2023. All other chargeability areas remain Current. The EB-1 category encompasses several classifications, including individuals of extraordinary ability, outstanding professors and researchers, and multinational executives and managers.
EB-2 (Advanced Degree Professionals and Individuals of Exceptional Ability): The category remains Unavailable for applicants chargeable to India. China holds at September 1, 2021. All other chargeability areas remain Current at the beginning of the month.
EB-3 Professionals and Skilled Workers: Cutoff dates remain unchanged. India holds at January 1, 2014; China remains at January 1, 2022; the Philippines stands at August 1, 2023; and All Other Chargeability Areas hold at September 1, 2024.
EB-3 Other Workers: The cutoff date for India holds at January 1, 2014; China remains at May 1, 2019; the Philippines stands at December 1, 2021; and All Other Chargeability Areas hold at April 1, 2022.
EB-4 (Certain Special Immigrants): The cutoff date holds at December 15, 2022 across all chargeability areas.
EB-5 (Employment Creation): In the Unreserved categories (C5, T5, I5, R5), India remains Unavailable, China holds at December 1, 2016, and all other areas remain Current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) remain Current for all countries.
Worldwide Employment-Based Numerical Limit: The State Department confirmed that the FY 2026 worldwide employment-based annual preference limit is 186,317 (compared to 150,037 in FY 2025). The annual limit is calculated under the Immigration and Nationality Act (INA) and incorporates applicable unused family-sponsored immigrant visa numbers from the prior fiscal year.
State Department Availability Advisory: Due to sustained demand and accelerated visa number usage, the State Department warned that EB-1 India may become unavailable in the coming weeks. Furthermore, the State Department has warned that EB-2 and EB-5 Unreserved may need to retrogress or become unavailable before September 30. When a category becomes unavailable, no additional visa numbers can be authorized in that category for the remainder of the fiscal year, which can affect both immigrant visa issuance and adjustment of status cases that require an available visa number.
Who Will Be Affected?
The operational impact of the September bulletin falls primarily on specific employer-sponsored talent populations:
Employers Sponsoring Indian Nationals in EB-1: Companies sponsoring multinational executives and managers (EB-1C) or individuals of extraordinary ability (EB-1A) chargeable to India must prepare for the possibility that additional approvals requiring visa numbers may be delayed if the category reaches its statutory annual limit before October 1.
Employers Managing Long-Standing EB-2 and EB-3 Backlogs: With EB-2 India remaining Unavailable and EB-3 India holding at January 1, 2014, foreign nationals in these pipelines continue to navigate multi-year queues. Employers should maintain visibility into underlying nonimmigrant status timelines and consider the longer-term retention implications of extended green card backlogs.
Global Mobility Programs Deploying Rest-of-World EB-2 Talent: While EB-2 for "All Other Chargeability Areas" is currently listed as Current, the State Department’s advisory indicates that talent from regions not historically subject to severe backlogs could face tighter visa-number availability or retrogression before the end of the fiscal year.
Cross-Border Talent Deployment Teams: Organizations managing international project transfers and rotational assignments between India, the U.S., and global delivery hubs must account for visa availability trends when establishing assignment durations and long-term retention strategies.
What Employers Should Take From the September Bulletin
While the September Visa Bulletin does not introduce a structural overhaul of the immigration system, the FY 2026 operational allocation framework provides several important baseline takeaways for employer workforce planning:
Higher Annual Visa Allocation: The FY 2026 worldwide employment-based annual preference limit is 186,317, compared with 150,037 in FY 2025. However, a higher overall annual limit does not eliminate demand pressure within individual, high-utilization employment-based categories.
Clearer September Filing Position: USCIS will use the Final Action Dates chart for employment-based adjustment of status filings in September, giving employers and immigration counsel a clear basis for assessing which cases may be eligible to file.
Early Warning of Year-End Pressure: The State Department’s advisory gives HR and Global Mobility teams an opportunity to review affected cases, status timelines, and workforce plans before the end of FY 2026.
Salary Threshold
The September 2026 Visa Bulletin does not introduce any changes to U.S. salary thresholds, prevailing wage structures, or compensation requirements. Employers should continue to apply the statutory wage requirements applicable to each employee's underlying immigration process, including Department of Labor (DOL) prevailing wage determinations for PERM labor certifications and Labor Condition Applications (LCAs) for nonimmigrant petitions.
Compliance Updates
USCIS Adjustment of Status Chart Selection: USCIS will use the Final Action Dates chart for employment-based adjustment of status filings in September 2026. Eligible foreign nationals may file Form I-485 in September only if their priority date is earlier than the applicable Final Action Date for their category and country of chargeability, subject to all other eligibility requirements.
Application of Chargeability Rules: An applicant’s country of chargeability is determined by country of birth rather than citizenship, subject to statutory cross-chargeability provisions (such as claiming chargeability through a spouse’s country of birth). Employers should ensure chargeability is properly verified when assessing filing readiness.
Fiscal Year-End Dynamics: FY 2026 concludes on September 30, 2026. On October 1, 2026, FY 2027 begins and a new annual allocation of employment-based immigrant visa numbers takes effect. However, the October Visa Bulletin will determine the applicable cutoff dates, and employers should not assume that categories affected by year-end limits will immediately return to their previous levels.
What This Means for Employers
For HR, Global Mobility, and Talent Acquisition leaders, translating the September bulletin into business strategy requires evaluating workforce continuity, compliance, and talent deployment models:
Workforce Continuity and Case Prioritization: If EB-1 India becomes unavailable before September 30, additional cases requiring visa numbers could be delayed until new numbers become available in FY 2027. For employees in critical leadership or specialized technical roles, mobility managers must confirm that existing nonimmigrant status provides sufficient runway to bridge potential gaps in permanent residency adjudication.
Active Nonimmigrant Status Maintenance: Employees who remain in employment-based backlogs may need to maintain an appropriate nonimmigrant status (such as H-1B, L-1, or O-1) while their permanent residence cases progress, depending on their individual circumstances. Certain employees affected by employment-based backlogs may qualify for H-1B extensions beyond the standard six-year limit under American Competitiveness in the Twenty-First Century Act (AC21) provisions. Employers should review individual case timelines and extension eligibility with their immigration counsel well ahead of status expiration dates.
Proactive Employee Communication: Prolonged green card timelines can create uncertainty for international assignees. Clear, proactive communication from HR leadership regarding company sponsorship commitments, realistic timelines, and available support can help employers manage employee expectations during prolonged immigration processes.
Strategic Cross-Border Deployment Alternatives: Where a role does not require immediate U.S. physical presence, employers may also evaluate alternative deployment models, including compliant employment through an Employer of Record (EOR) in another jurisdiction. Where appropriate, an EOR model can give organizations an alternative way to engage and retain talent in another jurisdiction while longer-term U.S. immigration strategies progress.
Implementation and Next Steps
To maintain compliance and protect talent continuity over the coming weeks, corporate mobility teams should execute the following operational steps:
1. Audit Active Caseloads: Review all pending PERM, I-140, and I-485 cases across EB-1, EB-2, and EB-3 preference categories. Identify employees whose priority dates match or approach current cutoffs to assess potential exposure to year-end category unavailability.
2. Review I-485-Ready Cases Promptly: For employees whose priority dates are current under the September Final Action Dates chart, ensure documentarily complete adjustment of status packages are reviewed and submitted promptly, particularly given the State Department’s warning that category availability may change before the end of the fiscal year.
3. Audit Nonimmigrant Status Runways: Verify underlying H-1B, L-1, and O-1 expiration dates for backlogged talent. Begin extension planning early and confirm AC21 eligibility with immigration counsel where applicable to help avoid disruptions to employment authorization.
4. Maintain Structured Employee Briefings: Provide clear, factual updates to affected workforce populations regarding the September bulletin’s parameters, company sponsorship continuity, and next steps for the upcoming fiscal year.
5. Prepare for the October 2026 Visa Bulletin: Incorporate the upcoming FY 2027 transition into Q4 workforce planning cycles. Model mobility scenarios conservatively and track DOS announcements as new annual quotas take effect on October 1.
Key Takeaway
Unchanged cutoff dates do not mean unchanged risk. The September 2026 Visa Bulletin pairs steady Final Action Dates with explicit government warnings of potential year-end unavailability in EB-1 India and possible retrogression or unavailability in EB-2 and EB-5 Unreserved categories.
Navigating these dynamics effectively requires treating visa availability as an active workforce planning variable rather than an isolated administrative function. By auditing caseloads, securing nonimmigrant runways, communicating transparently, and evaluating flexible international deployment models, employers can maintain workforce momentum and protect business continuity.
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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