Go to integrated search

October 2026 Visa Bulletin: Employment-Based Dates and Filing

Practice Area:Immigration Law
Jurisdiction:Federal

The October 2026 Visa Bulletin allows employment-based I-485 filing under Dates for Filing, subject to eligibility and priority date cutoffs.

Applicants and employers should match the preference category, country of chargeability, and priority date to the correct entry. Filing and final approval use different criteria. Below are the key changes from September, the records to prepare, and the next steps for applicants whose cases are already pending.



1. October Opens Filing Opportunities Despite Some Approval Cutoffs Moving Back


USCIS has designated Dates for Filing for all employment-based preference adjustment applications in October 2026. Some applicants may therefore submit Form I-485 even though their priority dates do not yet qualify for final approval.


Selected Final Action Date Changes

October begins fiscal year 2027, but new visa numbers do not mean every cutoff advances. The table below compares selected approval cutoffs with September.

ROW refers to the bulletin’s “All Chargeability Areas Except Those Listed” column.

Category and ChargeabilitySeptember 2026October 2026
EB-1 IndiaOctober 15, 2022February 1, 2023
EB-2 ROWCurrentJanuary 1, 2025
EB-2 China, mainland bornSeptember 1, 2021October 1, 2021
EB-2 IndiaUnavailableNovember 1, 2013
EB-3 ROWSeptember 1, 2024May 15, 2024

EB-1 India

  • September 2026October 15, 2022
  • October 2026February 1, 2023

EB-2 ROW

  • September 2026Current
  • October 2026January 1, 2025

EB-2 China, mainland born

  • September 2026September 1, 2021
  • October 2026October 1, 2021

EB-2 India

  • September 2026Unavailable
  • October 2026November 1, 2013

EB-3 ROW

  • September 2026September 1, 2024
  • October 2026May 15, 2024

Some ROW cutoffs moved backward to keep visa issuance within quarterly and annual limits. These changes concern visa availability, not a fixed increase or decrease in an individual applicant’s processing time.

Selected October Dates for Filing

Use these entries to check the priority date requirement for October filing. The EB-3 row covers skilled workers and professionals; Other Workers has separate cutoffs.

CategoryROWChina, Mainland BornIndia
EB-1CurrentJuly 1, 2024July 1, 2024
EB-2March 15, 2026January 1, 2023January 15, 2015
EB-3August 1, 2024April 1, 2024January 15, 2015

EB-1

  • ROWCurrent
  • China, Mainland BornJuly 1, 2024
  • IndiaJuly 1, 2024

EB-2

  • ROWMarch 15, 2026
  • China, Mainland BornJanuary 1, 2023
  • IndiaJanuary 15, 2015

EB-3

  • ROWAugust 1, 2024
  • China, Mainland BornApril 1, 2024
  • IndiaJanuary 15, 2015

These are selected entries rather than the complete employment-based visa bulletin. Applicants chargeable to Mexico or the Philippines, and those applying under EB-4, EB-5, or EB-3 Other Workers, must check their specific rows and columns.


2. Filing Eligibility Does Not Establish Approval Eligibility


Diagram: Dates for Filing may permit submission while approval waits for visa availability under Final Action Dates; other eligibility requirements still apply.
Diagram: Dates for Filing may permit submission while approval waits for visa availability under Final Action Dates; other eligibility requirements still apply.

Meeting the October filing cutoff may allow an otherwise eligible applicant to submit an adjustment of status application. USCIS still needs an available visa number under Final Action Dates before approving permanent residence.


When the Two Charts Produce Different Answers

An applicant can qualify under Dates for Filing while remaining outside the Final Action Date cutoff. In that situation, filing starts the adjustment process, but final approval must wait for visa availability.

A current date also does not resolve petition eligibility, admissibility, or other adjustment requirements. Those issues remain part of the application review.

Check the Month USCIS Receives the Application

October’s chart designation applies to October filings. Recheck the designation before submitting, particularly if delivery could occur in the following month.

Do not assume that the chart used for October will also govern November. A package prepared under one month’s rules may need another eligibility check before USCIS receives it.


3. Confirm Your Category, Chargeability, and Priority Date


The correct comparison starts with your immigration records. Your employment start date, passport, and petition approval date do not necessarily identify the applicable cutoff.


Locate the Priority Date in the Case Records

For cases requiring labor certification, the priority date generally comes from the date the Department of Labor accepted the labor certification application for processing. Where labor certification is not required, it generally comes from the date the qualifying immigrant petition was properly filed.

Check the petition notice against the underlying records. If an earlier petition may support priority date retention, confirm that history before relying on a newer filing date.

Use the Correct Chargeability Column

Chargeability generally follows country of birth rather than citizenship or current residence. Qualifying exceptions, including spousal cross-chargeability, may change the applicable column.

Your priority date must be earlier than a listed cutoff. A priority date equal to the cutoff does not qualify. “Current” means that entry has no priority date cutoff; the remaining eligibility requirements still apply.


4. Choose the Next Step Based on Your Application Stage


A first filing, a pending I-485, and an overseas immigrant visa case require different preparation. Start with the stage your case has reached rather than treating every favorable date change as an instruction to file.


If You Can File I-485 This Month

Confirm adjustment eligibility before assembling the package. Review the current filing instructions and gather:

  • Petition notices and priority date records.
  • Admission and immigration status records, including Form I-94.
  • Birth and marriage documents for accompanying family members.
  • Required medical documentation, forms, fees, and supporting evidence.

Check each family member’s eligibility separately. The principal applicant’s filing opportunity does not eliminate a dependent’s documentation or eligibility issues.

If Your I-485 Is Already Pending

Retrogression alone generally does not require a new I-485. Final approval must wait if a visa number is unavailable, but you should continue responding to USCIS notices by their stated deadlines.

Track work authorization separately. A pending I-485 does not itself authorize employment; review the validity and renewal requirements for your employment authorization document or another applicable basis for working.

Before traveling, confirm the documents and rules that apply to your circumstances. Filing an adjustment application does not automatically provide travel permission.

If You Are Completing the Process Abroad

For consular processing, follow National Visa Center instructions for submitting documents. USCIS’s I-485 chart designation does not control overseas interview scheduling.

Document submission, interview scheduling, and visa issuance are separate steps. Completing the document stage does not guarantee an immediate interview or an available visa number.


5. Employers Should Coordinate Filing Records and Work Authorization


Employers can help prepare sponsorship records without treating the bulletin as a promised approval schedule. Keep document readiness and the employee’s current authorization to work on separate timelines.


Review Changes before Submitting Employment Evidence

For employer-sponsored cases, confirm that the job information remains consistent with the petition. Changes in duties, work location, or the employing entity may require review before new evidence is submitted.

During an employment-based immigration review, identify whether the employee can file now, whether final approval is possible, and what currently authorizes employment.

If the records point to different answers, gather the petition notices, priority date history, I-94, and current job documents for a focused review. That preparation is especially useful when a filing window overlaps with an employment change or an approaching authorization expiration.


6. Questions about the October Filing Window


A favorable cutoff answers only part of the filing question. Petition approval, application eligibility, and monthly chart selection still need separate checks.


Does an Approved I-140 Mean I Can File I-485 Immediately?

No. You must also meet the applicable filing cutoff and the other adjustment requirements. An approved petition alone does not establish I-485 filing eligibility.

Does a Cutoff Advancing by Several Months Reduce My Wait by the Same Amount?

No. Cutoff movement reflects visa demand and allocation. It does not translate into an equivalent reduction in your case’s processing time.

Should I File Another I-485 If October’S Final Action Date Moves Behind My Priority Date?

Generally, no. Retrogression alone does not require replacing a properly filed pending application. Continue monitoring the case and responding to agency notices.

02 Oct, 2026


The information provided in this article is for general informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Online Consultation
Phone Consultation