August 2026🔹Visa Bulletin
The U.S. Dept. of State has released the August 2026 Visa Bulletin, the eleventh bulletin of Fiscal Year 2026.
UNDERSTANDING TWO IMPORTANT CHARTS
- Chart A: Final Action Dates Chart: Governs when visas are available for approval or issuance.
- Chart B: Dates for Filing Chart: Controls when an applicant may submit an adjustment of status application, but only when USCIS authorizes use of that chart for the month and category.
State Department Warnings and Vulnerable Categories
CATEGORIES RESTRICTED AT END OF FISCAL YEAR
The Department of State has warned that continued demand could require further retrogression or make some categories “Unavailable” before September 30, 2026. Although it did not specifically predict retrogression for EB-2 Rest of World, continued availability through August and September is not guaranteed.
- EB-1 India, EB-2 China, and EB-3 Philippines face particular risk. EB-2 India and EB-5 India Unreserved are already unavailable for the remainder of Fiscal Year 2026. For July, EB-2 remains current for “Rest of World” applicants—those chargeable to countries other than China and India.
Retrogression often occurs near the end of the fiscal year because employment-based immigrant visas are subject to annual category and per-country limits. As visa issuance approaches those limits, the State Department may move a cutoff date backward or make a category unavailable. The annual limits reset on October 1, when the new fiscal year begins.
What Retrogression Means
Retrogression does not cause loss of a priority date, or place in line. Processing may continue but approval halts until an immigrant visa number is available. For consular processing, the National Visa Center and a U.S. consulate likewise cannot issue an immigrant visa until the priority date is current.
OCTOBER RESET
The October reset may allow some categories to reopen or advance, but it does not guarantee that every category will become current or move substantially forward.
AUGUST 2026 Visa Bulletin Dates
🔹Employment-Based VISA CATEGORIES
The annual statutory minimum for employment-based immigrant visas is 140,000 visas, although the total available in a given fiscal year may be higher depending on visa number carryover and other statutory calculations. Always confirm eligibility before filing. "All Other Countries" refers to all chargeability areas except those specifically listed.
🔷 EMPLOYMENT: For August 2026, use the Final Action Dates chart for employment-based filings.
Employment-based applicants may file only if their priority date is current under the applicable Final Action Date, unless the category is listed as current.
▌ EB-1 PRIORITY WORKERS
EB-1st Preference: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
- Dates for Filing (When You May File)
All Other Countries – Current
China – 01 Dec 2023
India – 01 Dec 2023 - Final Action Dates (Approval Stage)
All Other Countries – Current
China – 01 Jul 2023
India – 15 Oct 2022
▌ EB-2 ADVANCED DEGREE / EXCEPTIONAL ABILITY (INCLUDING NIW)
EB-2nd Preference: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
- Dates for Filing (When You May File)
All Other Countries – Current
China – 01 Jan 2022
India – 15 Jan 2015 - Final Action Dates (Approval Stage)
All Other Countries – Current
China – 01 Sep 2021
India – Unavailable
▌ EB-3 PROFESSIONALS & SKILLED WORKERSEB-
3rd Preference: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which may be allocated to “Other Workers.”
- Dates for Filing (When You May File)
All Other Countries – Current
China – 08 Jan 2022
India –15 Jan 2015
Philippines - 01 Jan 2024 - Final Action Dates (Approval Stage)
All Other Countries – 01 Sep 2024
China – 01 Jan 2022
India – 01 Jan 2014
Philippines – 01 Aug 2023
▌ EB-3 OTHER WORKERS
- Dates for Filing (When You May File)
All Other Countries –01 Aug 2022
China –01 Oct 2019
India – 15 Jan 2015
Philippines – 01 Aug 2022 - Final Action Dates (Approval Stage)
All Other Countries – 01 Apr 2022
China – 01 May 2019
India – 01 Jan 2014
Philippines - 01 Dec 2021
▌ EB-4 SPECIAL IMMIGRANTS (INCLUDING SIJS)
EB-4th Preference: 7.1% of the worldwide level.
⚠ Congress periodically extends the non-minister religious worker program. Applicants should verify current authorization before filing. The minister category remains permanent.
- Dates for Filing (When You May File)
All Countries – 01 Jan 2023
Certain Religious Workers All Countries – 01 Jan 2023 - Final Action Dates (Approval Stage)
All Countries – 15 Oct 2022
Certain Religious Workers All Countries – 15 Oct 2022
▌ EB-5 INVESTORS
EB-5th Preference: 7.1% of the worldwide employment-based visa allocation. Of those visas, 32% are reserved for rural projects, high-unemployment projects, and infrastructure projects: 20% rural, 10% high-unemployment, and 2% infrastructure. The remaining 68% are unreserved.
♦ EB-5 Unreserved
- Dates for Filing (When You May File)
All Other Countries – Current
China – 01 Mar 2017
India – 01 May 2024 - Final Action Dates (Approval Stage)
All Other Countries – Current
China – 01 Dec 2016
India – Unavailable
♦ EB-5 Set-Aside Categories (Rural, High Unemployment, Infrastructure)
- Dates for Filing: Current worldwide
- Final Action Dates: Current worldwide
🔹FAMILY-BASED categories
The statutory family-sponsored annual limit for FY 2026 is 226,000 visas, with per-country limits applying to oversubscribed nations such as India, Mexico, and the Philippines. China remains a separately tracked chargeability area in the family-sponsored charts, though its current dates mirror "All Other Countries."
"All Other Countries"refers to all chargeability areas except those specifically listed.
Notes for Understanding:
- Immediate relatives are not subject to annual visa limits. For purposes of immigration law, "immediate relatives" are spouses, unmarried children under 21, and parents of U.S. citizens 21 or older.
- A U.S. citizen aged 21 or older can file an I-130 for a parent as an “immediate relative.”
- A lawful permanent resident cannot petition for a parent at all.
- A minor U.S. citizen (under 21) also cannot file an I-130 for a parent.
🔷 FAMILY: For August 2026, you can continue to use the Dates for Filing chart for family-sponsored filings.
Eligible family-based applicants may be able to file adjustment of status now even if final green card approval remains unavailable under the Final Action Dates chart.
▌ F1 – UNMARRIED ADULT CHILDREN OF U.S. CITIZENS
- Dates for Filing (When You May File)
All Other Countries – 15 Jun 2019
Mexico – 01 Dec 2008
Philippines – 22 Apr 2015 - Final Action Dates (Approval Stage)
All Other Countries – 015 Dec 2018
Mexico – 01 Dec 2007
Philippines: – 01 May 2013
▌ F2A – SPOUSES AND MINOR CHILDREN OF PERMANENT RESIDENTS
- Dates for Filing (When You May File)
All Countries – Current - Final Action Dates (Approval Stage)
All Other Countries – 22 July 2026
Mexico – 22 July 2025
▌ F2B – UNMARRIED ADULT CHILDREN OF PERMANENT RESIDENTS
- Dates for Filing (When You May File)
All Other Countries – 01 Jan 2019
Mexico – 15 May 2010
Philippines – 01 Oct 2013 - Final Action Dates (Approval Stage)
All Other Countries – 01 Jan 2018
Mexico – 15 Feb 2009
Philippines – 01 Jun 2013
▌ F3 – MARRIED SONS AND DAUGHTERS OF U.S. CITIZENS
- Dates for Filing (When You May File)
All Other Countries – 01 Mar 2013
Mexico – 15 Jul 2001
Philippines – 08 Aug 2006 - Final Action Dates (Approval Stage)
All Other Countries – 15 May 2012
Mexico – 01 Jul 2001
Philippines – 22 Feb 2006
▌ F4 – SIBLINGS OF ADULT U.S. CITIZENS
- Dates for Filing (When You May File)
All Other Countries – 22 Jun 2010
India – 15 Dec 2006
Mexico – 30 Apr 2001
Philippines – 22 Mar 2008 - Final Action Dates (Approval Stage)
All Other Countries – 01 Sep 2009
India – 01 Nov 2006
Mexico – 08 Apr 2001
Philippines – 01 Aug 2007
STRATEGIC FILING WINDOW - WHAT THIS MEANS
Family-Based Visas
- In August 2026, for family-sponsored adjustment filings, USCIS is honoring the Dates for Filing chart.
- August 2026 delivered the most significant forward movement in family-sponsored filing dates in recent months. However, the overall picture remains one of persistent and substantial backlogs. Mexico and the Philippines remain heavily oversubscribed and continue to face some of the longest waiting times in the family preference system
- The Dates for Filing chart continues to matter because it can open earlier filing opportunities in preference categories that remain far from current for final approval. Still, final green card issuance remains subject to substantial waiting periods in many family-based categories. Immediate relatives of U.S. citizens remain outside the annual quota system and are not controlled by the Visa Bulletin.
Employment-Based Visas
- In August 2026, for employment-based adjustment filings, USCIS is requiring applicants to use the Final Action Dates chart.
- Because USCIS is not using the Dates for Filing chart for employment-based adjustment filings this month, some applicants who may have been eligible to file under Chart B in earlier months were not eligible in May, June, or July, as this is the third consecutive month USCIS has imposed the Final Action Dates chart for employment-based filings.
- The August 2026 Visa Bulletin continues to show significant employment-based backlogs, especially for India and China in EB-2 and EB-3. The bulletin also warns that further retrogression, or even unavailability, may be necessary in coming months. EB-1 remains the strongest path for applicants with unusually strong records of achievement, while EB-2 National Interest Waiver remains a valuable self-petition option for advanced-degree professionals and others whose work has national importance. At the same time, the continued use of Final Action Dates for employment-based filings makes timing, category selection, and long-range status planning especially important.
Employment-Based Visas for India in August 2026--No Major Developments:
- For August 2026, USCIS requires employment-based adjustment applicants to use the Final Action Dates chart.
- EB-2 India is unavailable for the remainder of FY 2026. No EB-2 India immigrant visas or green card approvals are available again until the new fiscal year begins on October 1, 2026.
- EB-5 unreserved India is also unavailable for the remainder of FY 2026. EB-5 set-aside categories remain current worldwide.
- EB-1 India retrogression in July remains in August at October 15, 2022. EB-1 China advanced to July 1, 2023.
- EB-3 showed partial forward movement. China advanced to January 1, 2022, India remains at January 1, 2014, and all chargeability areas except those listed advanced to September 1, 2024.
- EB-2 China remains backlogged at September 1, 2021. The Visa Bulletin warns that EB-2 China may retrogress or become unavailable in the coming months.
- EB-3 Philippines remains at August 1, 2023. Given persistent oversubscription, EB-3 Philippines remains a category to watch for possible retrogression, though DOS has not issued a specific warning on it this month.
The Key TakeAWAY
Family-sponsored applicants gained meaningful ground in August 2026, with several categories advancing further under the Dates for Filing chart than they have in recent months. Employment-based applicants continue to file under the Final Action Dates chart, where EB-1 India remains at heightened risk of becoming unavailable before Fiscal Year 2026 ends and EB-2 faces its own risk of retrogression or unavailability in the coming months.
Kennedy Law recommends that eligible applicants act now. Filing windows can narrow quickly as visa demand shifts, and delay carries real risk heading into the final months of the fiscal year. If your priority date may allow filing this month, your eligibility should be reviewed promptly before demand shifts, retrogression occurs, or USCIS changes the filing chart in a future month.
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