- The State Department warns of potential EB-2 retrogression or total category unavailability before September thirtieth, twenty twenty-six.
- Indian applicants are currently marked unavailable after exhausting all fiscal year twenty twenty-six visa numbers in May.
- Applicants from most other countries remain current for now but face imminent risk of cutoff dates.
The U.S. Department of State warned that heavy demand could force the EB-2 Final Action Date backward or close the category before fiscal year 2026 ends on September 30, 2026. The warning appears in the August 2026 Visa Bulletin, released July 20, 2026.
The department listed EB-2 as current for most countries, set China’s date at September 1, 2021, and marked India “U,” meaning unavailable, for final action. The immediate risk therefore differs by chargeability area.
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Indian applicants have already reached the limit. The government previously announced that all available FY2026 EB-2 immigrant visas for applicants chargeable to India had been used.
Visa issuance for those cases cannot resume during the rest of FY2026. The annual limits reset when FY2027 begins on October 1, 2026.
The department tied the warning to visa-number consumption across the category:
“Sufficient demand and increased EB-2 visa-number use may make it necessary to retrogress a Final Action Date or make the category unavailable in order to remain within the FY 2026 annual limit.”
The August bulletin leaves most countries current for now. That status could change before the fiscal year closes.
August dates split EB-2 applicants into three groups
The August bulletin uses three different final-action positions. India is unavailable, China has a cutoff date, and all other countries remain current.
| Chargeability area | August 2026 EB-2 final-action position |
|---|---|
| India | “U,” or Unavailable |
| China | September 1, 2021 |
| Most other countries | Current |
The Indian limit had already been exhausted by May 22, 2026, according to the department’s announcement. The closure applies to final action for the remainder of the fiscal year.
Applicants chargeable to India cannot receive final approval while the category remains unavailable. Pending cases must wait for visa numbers to become available again.
The warning reaches beyond India. When demand from applicants in countries without a current backlog rises, it uses the remaining numbers available under the worldwide EB-2 limit. That can reduce numbers that might otherwise spill over to countries with backlogs, including India.
The department’s warning reflects demand that has reached the final stage of processing after a post-pandemic rise in EB-2 National Interest Waiver and PERM-based filings. The warning does not itself announce a new cutoff date.
USCIS requires the final-action chart for August filings
U.S. Citizenship and Immigration Services confirmed August 3 that employment-based applicants must use the Final Action Dates chart for August adjustment filings. The agency’s adjustment-of-status filing chart guidance sets the filing framework for the month.
That instruction changes the immediate filing picture for Indian applicants. Because India is marked unavailable and USCIS is using the final-action chart, new EB-2 adjustment applications cannot be filed in August 2026 on the basis of that category’s August availability.
Applicants in countries that remain current face a different calculation. A person whose priority date qualifies under the applicable August chart can file while the category remains available, although a later cutoff date could prevent final approval.
“Current for filing” and “current for approval” describe different situations. Filing eligibility depends on the chart USCIS permits for that month and the applicant’s priority date. Approval still requires an immigrant visa number.
A later change does not make an eligible filing pointless. A pending adjustment application can continue through other processing steps even when a number is unavailable for final adjudication.
A backward cutoff pauses approval, not the entire case
Retrogression occurs when a monthly cutoff date moves backward. An applicant may qualify for final action when the priority date falls earlier than the published cutoff, then lose immediate eligibility if the next bulletin moves that cutoff behind the priority date.
A properly filed Form I-485 does not ordinarily disappear after such a change. USCIS requires an immigrant visa to be available before it can approve the adjustment application.
The agency may still process the case. An applicant could receive case-related requests or complete additional procedural steps while final approval waits for a visa number.
The pause affects the last step. It does not automatically cancel the pending adjustment application.
Applicants with pending Form I-485 cases may also hold an Employment Authorization Document and, where applicable, Advance Parole. A cutoff change does not automatically terminate the adjustment case, but applicants must track the validity and renewal requirements for those separate documents.
October resets the annual limit after India’s shutdown
The department said the annual limits will reset when FY2027 starts on October 1, 2026. Indian applicants must wait for the October 2026 bulletin to see how availability returns.
The new fiscal year does not guarantee that EB-2 India will immediately become current. The category’s next position will determine which priority dates can proceed to final action or support new filings under the chart USCIS designates for that month.
Other chargeability areas face the remaining FY2026 deadline instead. If demand consumes the available numbers, the department could move a cutoff date backward or make the category unavailable before September 30.
That possibility makes the August position temporary for applicants whose countries remain current. A case that qualifies now may still face a later wait for final approval if the department imposes a cutoff.
The August bulletin’s warning concerns the finite FY2026 annual limit. India has already reached its country limit, while the rest of the EB-2 system remains exposed to further changes before October 1.
