August 2026 Visa Bulletin: EB-2 Stays Current

The August 2026 Visa Bulletin brings another month of good news for EB-2 applicants from most countries. EB-2 remains Current on the Final Action Dates chart for all countries, except India and China. United States Citizenship and Immigration Services (USCIS)  has again named the Final Action Dates chart, not the Dates for Filing chart, as this month’s operative chart for employment-based adjustment of status filings. 

With that chart in place, eligible Rest of World applicants with an approved or pending Form I-140 remain able to file Form I-485 now. Green cards can be approved during this window, though processing timelines still vary case by case.  

Meanwhile, India EB-2 remains closed for the remainder of the fiscal year after reaching its pro-rated annual limit. India EB-1 has not moved this month, but the bulletin cautions that it may become unavailable in the coming weeks if India’s pro-rated EB-1 limit is also exhausted before the fiscal year ends on September 30. 

August 2026 Employment-Based Final Action Dates 

The table below sets out the Final Action Dates for the employment-based preference categories as of August 2026. Under this bulletin, EB-2 is treated as a single second-preference category for purposes of determining priority dates, covering both EB-2 PERM and EB-2 National Interest Waiver (NIW) cases.  

Category	All (Rest of World)	China	India	Philippines
EB-1 (1st)	Current	01 JUL 2023	15 OCT 2022	Current
EB-2 (2nd)	Current	01 SEP 2021	Unavailable	Current
EB-3 (3rd)	01 SEP 2024	01 JAN 2022	01 JAN 2014	01 AUG 2023
Other Workers	01 APR 2022	01 MAY 2019	01 JAN 2014	01 DEC 2021
EB-4 (4th)	15 OCT 2022	15 OCT 2022	15 OCT 2022	15 OCT 2022
EB-5 Unreserved	Current	01 DEC 2016	Unavailable	Current
EB-5 Rural (Set-Aside)	Current	Current	Current	Current
EB-5 High Unemployment (Set-Aside)	Current	Current	Current	Current
EB-5 Infrastructure (Set-Aside)	Current	Current	Current	Current

Source: U.S. Department of State, August 2026 Visa Bulletin, Volume XI, Number 17. 

EB-2 Is Current: What It Means If You Are Inside the U.S. 

If you are in the United States in a valid nonimmigrant status such as H-1B, O-1, L-1, F-1, or E-2, the filing window for a green card remains open under the August bulletin. EB-2 being Current on the Final Action Dates chart means an eligible applicant with an approved or pending Form I-140 can file Form I-485 to adjust status now.  

Where eligibility allows, the I-140 and I-485 can be filed together, which is commonly known as concurrent filing. Concurrent filing also covers EB-2 NIW cases, where the job offer and PERM labor certification requirements are waived, and filings can be self-sponsored or employer-sponsored. The waiver is judged under the three-prong Dhanasar standard. 

Chart designation is what makes this possible, and USCIS has confirmed which one applies for August. This month, USCIS requires the use of the Final Action Dates chart for all employment-based adjustment of status filings. USCIS states which chart applies on its adjustment of status filing charts page each month. This chart is what controls timing on both ends, from filing to final approval.   

A Current category keeps the entire pipeline open, from filing through final decision, though USCIS review still governs the pace of approval.  You may apply for a work permit (EAD) and travel permission (Advance Parole) alongside your I-485 filing to be able to work and travel internationally while your green card case is pending. If visa numbers later become unavailable for your category, USCIS may not be able to approve your green card application right away. 

Your I-485 application can remain pending, and your priority date does not change. In most cases, any approved work permit or travel document can continue to be used until it expires, as long as it remains pending and no other issue affects your eligibility. 

What It Means If You Are Outside the U.S.

For applicants processing through a U.S. consulate abroad, a Current Final Action Date affects when an immigrant visa can be issued, not just when documents can be submitted. With EB-2 Current across the Rest of World, there is no priority date backlog slowing consular cases down this month. The I-140 petition, USCIS adjudication, and National Visa Center (NVC) preparation can all move forward now. 

For consular cases, the Final Action Dates chart governs visa issuance, while the Dates for Filing chart governs when the NVC invites an applicant to submit documents. Our guide to reading the Visa Bulletin explains how the two charts interact. Interview appointments at consulates remain limited, and the fiscal year closes on September 30.  

India nationals processing abroad should also note the EB-1 India warning described below. Country-specific consular processing restrictions apply to some nationals. Anyone processing abroad should confirm current consular status with counsel before moving forward.  

EB-1 India Nears Possible Closure: What Changed From July to August 

The country-specific news in August is most relevant for India. The table below summarizes what changed from July to August. 

Category	July 2026	August 2026	Status
EB-2 Rest of World	Current	Current	No change (category-wide watch added)
EB-1 India	15 OCT 2022	15 OCT 2022	Unchanged, closure warned within weeks
EB-2 India	Unavailable	Unavailable	Still closed for FY2026
EB-5 Unreserved India	Unavailable	Unavailable	Still closed for FY2026
EB-2 China	01 SEP 2021	01 SEP 2021	No change
EB-1 China	01 JUN 2023	01 JUL 2023	Advanced
EB-3 Philippines	01 AUG 2023	01 AUG 2023	No change

The most time-sensitive line in August concerns EB-1 India, which holds at October 15, 2022, the same date as July. The bulletin now warns that high demand from India-chargeable applicants may make it necessary to make the category unavailable in the coming weeks, if India’s pro-rated limit is reached before the fiscal year ends on September 30.  

An unavailable designation would be a hard stop rather than a slower cutoff date. No immigrant numbers would be available in EB-1 India until the next fiscal year begins on October 1, 2026. A pending or approved petition and an established priority date are not affected by such a designation. For Indian nationals with pending or planned EB-1 filings, the open question is timing, which is worth reviewing with counsel. 

India EB-2 and India EB-5 Unreserved remain closed for the rest of fiscal year 2026, unchanged from July. Both are expected to reopen in October, at the start of fiscal year 2027, though the reopening dates are not guaranteed. Elsewhere, EB-1 China advanced one month to July 1, 2023, while EB-2 China held at September 1, 2021 and EB-3 Philippines held at August 1, 2023. 

EB-2 Category-Wide Watch 

For the first time, the August bulletin flags the EB-2 category as a whole, not just China or India. It warns that increased demand may make it necessary to retrogress the final action date, or make the category unavailable in the coming months, to stay within the FY2026 annual limit. This applies to Rest of World applicants too, so it is worth watching even where EB-2 reads Current today. For now, it is just a warning, not a change that has taken effect. 

The End-of-Fiscal-Year Clock 

Fiscal year 2026 ends on September 30, 2026, and about two months remain. EB-2 has stayed Current for the Rest of World across May, June, July, and August, with USCIS applying the Final Action Dates chart each month. We tracked the July movement, including India’s EB-2 closure, in our July 2026 Visa Bulletin analysis. 

Visa numbers are finite, and the bulletin itself notes that retrogression may become necessary in the upcoming months to keep issuances within annual limits. The bulletin also warns that categories can close entirely before year-end once limits are reached, as it already happened with India EB-2 and India EB-5 Unreserved.  

Rest of World applicants should not assume Current status will hold through the end of the fiscal year. In recent years, a comparable Rest of World window closed within months once fiscal-year demand caught up. 

Frequently Asked Questions 

I have an EB-1 petition pending for India. Should I be worried about the unavailability warning? 

The bulletin’s language is a warning, not a confirmed closure. If your priority date is earlier than October 15, 2022, you remain eligible under the current Final Action Date. A pending or approved I-140 and your priority date are not cancelled by an unavailable designation. Given the warning of possible unavailability in the coming weeks, it is worth confirming your case status and timing with your attorney. 

EB-2 says “Current.” Does that mean I can file Form I-485 right now? 

For Rest of World applicants, often yes. Current on the Final Action Dates chart means there is no priority date cutoff this month, so an eligible applicant with an approved or pending I-140 can file Form I-485, or file both forms concurrently where allowed. Current does not by itself guarantee a specific approval date, since adjudication still depends on USCIS review and processing times. A Current designation does mean your category is eligible for both filing and final action while the window is open. 

What’s the difference between the Final Action Date and the Date for Filing? 

The Final Action Date is the date that controls when a green card can actually be approved or an immigrant visa issued. The Date for Filing is an earlier date that can let some applicants submit paperwork before a number is available. Each month, USCIS decides which chart applies. For employment-based cases in August 2026, USCIS designated the Final Action Dates chart, so that is the chart that governs eligibility to file. 

Your Next Step 

At Colombo & Hurd, we help professionals read each Visa Bulletin in context and decide when to file. For those weighing an EB-2 NIW filing this month, our team offers a free EB-2 NIW profile evaluation to help you understand your position before filing. 

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