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• 2026 October Visa Bulletin: Employment-Based Movement
• Supreme Court Allows Third-Country Removals to Resume While Case Proceeds
• Expanded DHS Citizenship Verification System to Resume
• EU Approves Major Social Security Reforms for Cross-Border Workers

2026 October Visa Bulletin: Employment-Based Movement

The Department of State’s October 2026 Visa Bulletin begins fiscal year 2027 with renewed immigrant visa numbers and notable movement across several employment-based categories. USCIS will allow employment-based adjustment applicants to use the Dates for Filing chart in October, creating new filing opportunities for some applicants. 

China sees some of the strongest movement. EB-1 Final Action advances to July 1, 2023, while EB-2 moves to October 1, 2021 and EB-3 to January 8, 2022. India also sees renewed visa availability, with EB-1 advancing to February 1, 2023 and EB-2 reopening with a November 1, 2013 Final Action Date after being unavailable at the end of FY 2026. 

EB-5 investors also see important developments: 

• India Unreserved: Reopens with a December 1, 2023 Final Action Date and May 1, 2024 filing date 

• China Unreserved: Final Action remains December 1, 2016, while the filing date advances substantially to March 1, 2021 

• EB-5 Set-Asides: Rural, High Unemployment, and Infrastructure remain current for all countries 

The State Department cautions that some worldwide EB-2 and EB-3 dates have retrogressed as FY 2027 begins. The agency says these adjustments are necessary to keep visa issuance within quarterly and annual limits and will continue monitoring demand throughout the fiscal year.

Impact: October creates meaningful new filing and approval opportunities, particularly for China and India applicants and EB-5 investors. Employers and foreign nationals should confirm priority dates and chargeability carefully, as early FY 2027 demand could lead to additional movement or retrogression in future bulletins.

Supreme Court Allows Third-Country Removals to Resume While Case Proceeds

The U.S. Supreme Court has temporarily allowed the Department of Homeland Security to resume removing certain noncitizens to countries other than their country of origin while agreeing to review the legality of the government’s third-country removal policy. 

On September 29, the Court stayed a Massachusetts federal district court order that had imposed procedural protections before DHS could carry out third-country removals. The stay will remain in effect while the Supreme Court considers the case. 

The dispute centers on what protections individuals must receive before being removed to a country that was not previously designated as the destination for removal. The lower court had required additional notice and an opportunity for individuals to raise fears that they could face persecution or torture in the receiving country. 

The Supreme Court has agreed to consider several questions, including whether: 

• The district court had jurisdiction over the claims 

• Federal law permits the class-wide relief ordered by the lower court 

• DHS’s third-country removal guidance complies with federal immigration law, due process requirements, and protections against removal to countries where individuals may face torture 

The Court’s action does not represent a final ruling on the legality of third-country removals. The case, Department of Homeland Security v. D.V.D., is scheduled for argument during the Court’s December 2026 session.

Impact: The stay allows DHS to resume third-country removals while the Supreme Court considers the broader legal challenge. Individuals with final removal orders may face increased uncertainty regarding potential destinations and available procedural protections until the Court issues a final decision.

Expanded DHS Citizenship Verification System to Resume

The U.S. Supreme Court has allowed the Department of Homeland Security to resume using an expanded version of its Systematic Alien Verification for Entitlements, or SAVE, program while litigation over the system continues. The September 25 order stays a lower court decision that had blocked the 2025 modifications. 

SAVE is a DHS system used by government agencies to verify citizenship and immigration status. In 2025, DHS expanded its capabilities by integrating Social Security Administration data, allowing searches using Social Security numbers and enabling bulk verification requests. The changes expanded the system’s usefulness for government agencies, including state and local election authorities conducting voter citizenship checks. 

A federal district court previously vacated the modifications after organizations challenging the program argued that the changes violated federal privacy laws and created a risk that eligible U.S. citizens, particularly recently naturalized citizens, could be incorrectly identified as noncitizens. The D.C. Circuit declined to pause that ruling while the government’s appeal proceeded. 

The Supreme Court has now stayed the district court’s judgment, meaning the expanded SAVE system may operate while the appeal continues. The Court’s action is temporary and does not represent a final decision on whether the modifications are lawful. 

Impact: The ruling permits government agencies to resume using expanded SAVE capabilities for citizenship verification while litigation continues. Because SAVE results can affect voter eligibility reviews, recently naturalized citizens and others whose records may require updating should monitor communications from election authorities and follow applicable procedures if their citizenship status is questioned.

EU Approves Major Social Security Reforms for Cross-Border Workers

The European Union has approved significant reforms to the rules coordinating national social security systems for employees working across EU borders. The Council formally adopted the regulation on September 28, following agreement with the European Parliament earlier this year. The regulation will enter into force after publication in the Official Journal, with key provisions subject to transition periods. 

One of the most important changes affects A1 certificates used to confirm which country’s social security system covers a worker during a cross-border assignment. Under the revised rules, employers generally must request the A1 certificate before the posting begins, increasing the need for advance mobility planning. 

The reforms also introduce limited exceptions from advance A1 requirements for qualifying business trips and activities lasting no more than three consecutive working days within a 30-day period. The business travel exception is narrowly defined, however, and will not eliminate A1 requirements for many cross-border assignments. 

Other significant changes include: 

• Increasing the prior social security affiliation requirement for certain posted workers from one month to three months 
• Introducing a two-month cooling-off period following certain 24-month postings 
• Allowing multi-state workers to obtain A1 certificates covering periods of up to 24 months 

The Council says the broader reforms are intended to make EU social security coordination clearer, fairer, and easier to enforce while supporting worker mobility. 

Impact: Employers with mobile workforces across the EU should begin reviewing A1 processes and business travel policies well before the new requirements become applicable. Earlier applications, stricter eligibility rules, and narrower travel exemptions could require significant changes to assignment planning and compliance procedures.