Employment based priority dates and EB-5 movement | September 29, 2026
October opens fiscal year 2027 with renewed visa numbers and substantial movement in selected employment categories. Most China cut-off dates advance, while India dates advance or remain unchanged. Several EB-2 and EB-3 filing dates for other countries move back from current status to fixed cut-offs. The State Department says these retrogressions are needed to keep visa use within FY 2027 quarterly and annual limits. USCIS has selected the Dates for Filing chart for employment based adjustment applications in October. EB-5 investors should note that India unreserved has reopened, China’s final action date is unchanged, and China’s filing date advances four years.
EB-1 through EB-4 dates
The tables below summarize EB-1 through EB-4 dates in the October bulletin, including month-to-month movement. EB-3 includes the Other Workers subcategory. “ROW” means all chargeability areas except those listed separately. Applicants chargeable to Mexico follow the ROW dates shown.
Final Action Dates (Chart A)
Dates for Filing (Chart B)
The Certain Religious Workers (SR) category is extended through December 11, 2026 and follows the EB-4 dates above.
EB-5 movement
The October bulletin separates EB-5 into the unreserved category and the three Reform and Integrity Act set-aside categories. A listed date means the priority date must be earlier than the cut-off date. “Current” means numbers are available without a cut-off, subject to the normal eligibility and visa-number rules.
Practical impact. For China chargeability, the unreserved final action cut-off remains December 1, 2016, but investors with priority dates before March 1, 2021 may file adjustment applications in October if otherwise eligible. For India, unreserved visa numbers become available again with a December 1, 2023 final action date; the filing date remains May 1, 2024. Rural, high-unemployment, and infrastructure set-aside categories remain current for all listed chargeability areas on both charts.
Adjustment filing and case planning
USCIS permits Chart B for employment based adjustment filings in October 2026. A person may file Form I-485 if the priority date is earlier than the applicable Chart B date, or the category is current, and the applicant independently meets adjustment eligibility requirements. Filing eligibility does not mean a visa number is immediately available for final approval; the applicable Final Action Date must be current for the case to be approved.
Employers, investors, and applicants should confirm the correct country of chargeability, underlying petition and priority date, and all adjustment eligibility requirements before filing. Dates may change during FY 2027 as demand and visa-number use develop.
Sources
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