August 2026 Visa Bulletin: Modest Advancement, but Key India Categories Remain Unavailable

he U.S. Department of State has published the

August 2026 Visa Bulletin

, showing limited forward movement in several employment-based immigrant visa
categories.

For August, U.S. Citizenship and Immigration Services (USCIS) has directed employment-based adjustment of status
applicants to use the

Final Action Dates

chart. The more favorable Dates for Filing chart may not
be used for employment-based Form I-485 filings during the month. Applicants should review the current

USCIS filing-chart selection

before submitting an adjustment application.

Key Developments for August

The principal employment-based developments include:

• The EB-1 China cutoff advances by one month.
• The EB-1 India cutoff remains unchanged.
• EB-2 India remains unavailable.
• Several EB-3 and Other Worker dates advance modestly.
• EB-4 and Certain Religious Worker dates move forward by one month.
• EB-5 categories remain unchanged.
• India EB-5 Unreserved remains unavailable.
• All three EB-5 set-aside categories remain current for every chargeability area.

A priority date must generally be

earlier than

the listed cutoff date for a visa number to be
available. “Current” means that visas are available to all otherwise qualified applicants in that category.
“Unavailable” means that no visa numbers may be issued in the category during the applicable month.

Movement from July to August

The August bulletin provides modest advancement in several categories:

EB-1 Priority Workers

The EB-1 final action date for China advances from June 1, 2023, to July 1, 2023.

India remains at October 15, 2022. All other chargeability areas remain current.

The Department of State also warns that continued demand in EB-1 India may require the category to become
unavailable before the fiscal year ends. Applicants with current priority dates should therefore proceed promptly
when otherwise eligible, while understanding that visa availability may change during the month.

EB-2 Advanced Degree Professionals and Persons of Exceptional Ability

EB-2 remains current for most countries and stays at September 1, 2021, for China.

The category remains unavailable for India because the fiscal year 2026 allocation for India EB-2 has been reached.
No final action may be taken on an India-chargeable EB-2 adjustment application or immigrant visa case while the
category remains unavailable.

The July bulletin indicated that India EB-2 would remain unavailable through the end of fiscal year 2026 on
September 30. The Department of State expects some availability to return when the new fiscal year begins in
October, but the eventual cutoff date will depend on fiscal year 2027 visa limits and demand. Applicants should not
assume that a particular October cutoff date is guaranteed.

EB-3 Skilled Workers and Professionals

The EB-3 final action date advances:

• From August 1, 2024, to September 1, 2024, for most countries;
• From December 22, 2021, to January 1, 2022, for China; and
• From August 1, 2024, to September 1, 2024, for Mexico.

India remains at January 1, 2014, and the Philippines remains at August 1, 2023.

Other Workers

The Other Workers cutoff advances by one month for most countries, China, and Mexico.

The dates for India and the Philippines do not change.

EB-4 and Certain Religious Workers

The final action date for EB-4 applicants advances from September 15, 2022, to October 15, 2022, across all
chargeability areas.

The Certain Religious Workers category reflects the same one-month advancement.

EB-5 Immigrant Investors

No EB-5 dates change in August.

The Unreserved category remains current for most countries, at December 1, 2016, for China, and unavailable for
India.

The Rural, High-Unemployment, and Infrastructure set-aside categories remain current for applicants from all
countries, including China and India.

What Using the Final Action Dates Chart Means

The Visa Bulletin contains two employment-based charts:

• 
  Final Action Dates
  
  determine when USCIS or a U.S. consulate may approve an applicant for
  permanent residence.
• 
  Dates for Filing
  
  identify when certain applicants may begin submitting final-stage
  documentation, but adjustment applicants may use this chart only when USCIS expressly authorizes it for the month.

Because USCIS is using the Final Action Dates chart for employment-based filings in August, a foreign national may
file Form I-485 only if the priority date is earlier than the applicable Final Action Date.

This restriction is particularly significant for India-born applicants. Although the August Dates for Filing chart
lists January 15, 2015, for India EB-2, that date cannot be used to file an employment-based adjustment application
with USCIS during August.

Applicants with previously filed adjustment applications may continue to have those cases processed, but USCIS
cannot approve the application unless a visa number is available when the case is adjudicated.

Priority Dates and Country of Chargeability

Visa Bulletin eligibility generally depends on two factors:

1. The applicant’s employment-based preference category; and
2. The applicant’s country of chargeability, which is ordinarily the country of birth rather than citizenship or
   current residence.

In certain cases, an applicant may qualify to use a spouse’s country of birth through cross-chargeability. This can
materially affect visa availability and should be evaluated when spouses were born in different countries.

Planning Considerations

Applicants and employers should:

• Confirm the correct preference category and country of chargeability;
• Compare the priority date with the applicable Final Action Date;
• Verify USCIS’s monthly filing-chart selection immediately before filing;
• Prepare adjustment or consular-processing documents before the priority date becomes current;
• Monitor possible retrogression or unavailability near the fiscal year’s end;
• Evaluate cross-chargeability where available; and
• Maintain valid nonimmigrant status when required while awaiting eligibility to file or approval.

Visa Bulletin movement is not always permanent. The Department of State may advance, hold, retrogress, or make a
category unavailable based on demand and annual numerical limits.

Need to know more?

For questions about the August visa bulletin, please contact

This blog was published on 10 August 2026 and reflects information available at that time. Updates may occur as
policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and
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Phoenix Business Advisory assists entrepreneurs, executives, investors, and professionals with employment-based
immigration and long-term business-migration planning. Applicants should evaluate visa availability as part of a
broader strategy that accounts for petition timing, nonimmigrant status, adjustment of status, consular processing,
and potential category alternatives.

This article is provided for general informational purposes and does not constitute legal advice. Businesses
should consult qualified legal counsel regarding requirements applicable to their particular operations,
workforce, and government contracts.