By Bernard P. Wolfsdorf

The Department of State’s August 2026 Visa Bulletin reflects only modest forward movement in most employment-based categories, while confirming that demand for employment-based immigrant visas remains exceptionally high.

Although there is welcome movement for certain Chinese and worldwide applicants, the State Department has cautioned that visa availability may become further restricted before the end of Fiscal Year 2026 if annual or per-country limits are reached. With just weeks remaining in the fiscal year, employers, sponsored employees, and EB-5 investors should closely monitor future Visa Bulletin developments.

USCIS has not yet announced whether it will accept employment-based adjustment of status applications using the Dates for Filing (Chart B) or Final Action Dates (Chart A) for August.

Key Employment-Based Developments

EB-1

The EB-1 category continues to perform well overall but remains oversubscribed for China and India.

China

• Final Action Date advances one month to July 1, 2023.

India

• Final Action Date remains October 15, 2022.

Importantly, the Department of State has warned that EB-1 India could become unavailable before the end of FY 2026 because demand is rapidly approaching India’s annual allocation.

For multinational executives, outstanding researchers, and individuals of extraordinary ability, this serves as an important reminder that even traditionally stable categories can experience significant fluctuations.

For all other countries, EB-1 remains current.

EB-2

The greatest concern remains EB-2 India.

India

• Unavailable for the remainder of Fiscal Year 2026.
• Annual visa numbers have been exhausted.
• Visa availability is expected to resume on October 1, 2026, when the new fiscal year’s allocation becomes available.

China

• Final Action Date remains September 1, 2021.

Worldwide

• Remains current.

The State Department also cautions that if current demand continues, EB-2 could experience additional retrogression or temporary unavailability in coming months.

EB-3

EB-3 experiences modest positive movement.

China

• Advances ten days to January 1, 2022.

India

• Remains January 1, 2014.

Worldwide

• Advances one month to September 1, 2024, providing welcome relief for many employer-sponsored applicants.

Although movement is limited, any forward progress is encouraging given historically high worldwide demand.

What This Means for Employers

Employers sponsoring foreign national professionals should continue planning well in advance.

Organizations relying upon adjustment of status filings should:

• Monitor monthly Visa Bulletin movement.
• Prepare adjustment applications before priority dates become current.
• Anticipate possible retrogression.
• Consider temporary visa extensions where available.
• Evaluate alternative immigration strategies for highly backlogged employees.

For multinational employers, proactive workforce planning has become increasingly important as immigrant visa demand continues to outpace annual statutory quotas.

EB-5 Update: A Tale of Two Waiting Lines

The August Visa Bulletin again demonstrates that Congress fundamentally changed EB-5 processing through the EB-5 Reform and Integrity Act of 2022 (RIA).

Today there are effectively two separate EB-5 waiting lines.

Reserved EB-5 Categories Continue to Be Current

The following reserved categories remain current for investors from every country:

• Rural (20%)
• High Unemployment Area (10%)
• Infrastructure (2%)

This means eligible investors may generally:

• File adjustment applications immediately if otherwise eligible.
• Obtain employment authorization.
• Receive Advance Parole.
• Avoid lengthy visa waiting lines.
• Benefit from the protections available under the RIA for qualifying petitions.

For many investors already in the United States in lawful nonimmigrant status, concurrent filing remains one of the most significant advantages of investing in a reserved-category project.

India: Unreserved Category Remains Unavailable

India’s unreserved EB-5 allocation has been exhausted for FY 2026.

No immigrant visas may be issued until the new fiscal year begins on October 1, 2026, when annual visa numbers reset.

While processing will resume in October, future cutoff dates will depend on overall worldwide demand.

China Continues to Experience Significant Backlogs

Chinese investors filing in the traditional unreserved category continue to face lengthy waiting periods before immigrant visas become available.

Although recent Visa Bulletins have shown incremental forward movement, demand remains extremely high, and wait times continue to be measured in years rather than months.

Why Reserved Categories Matter

The August Visa Bulletin reinforces one of the central objectives of the Reform and Integrity Act:

Encourage investment in projects that Congress considers most beneficial to the U.S. economy.

Reserved-category investors continue to enjoy substantial advantages, including:

• Immediate visa availability.
• Concurrent filing opportunities.
• Earlier work authorization.
• Earlier travel authorization.
• Greater certainty in long-term immigration planning.
• Reduced exposure to future visa retrogression.

For many families, these immigration benefits may be every bit as valuable as the investment opportunity itself.

Looking Ahead

The final months of FY 2026 are likely to remain dynamic.

The Department of State has made clear that additional retrogression—or temporary unavailability—remains possible in several employment-based categories if demand continues at current levels.

The new fiscal year begins October 1, 2026, when fresh immigrant visa numbers become available. That should provide relief for some oversubscribed categories, including India’s EB-2 and unreserved EB-5 classifications, although demand will continue to influence future cutoff dates.

For employers, sponsored employees, and EB-5 investors alike, careful planning remains essential.

Conclusion: The August 2026 Visa Bulletin reflects continued pressure across the employment-based immigration system. While EB-1, EB-2, and EB-3 remain constrained by high demand and annual visa limits, the EB-5 reserved visa categories continue to offer one of the fastest and most predictable paths to U.S. permanent residence for eligible investors.