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September 2026 Visa Bulletin: Final Action Dates Unchanged, DOS Warns of Possible Unavailability

Lorn & Partner Team
31 November 2025

For individuals and families waiting for U.S. immigrant visas or green cards, the September 2026 Visa Bulletin brings an important message: many employment-based Final Action Dates remain unchanged, but the U.S. Department of State (DOS) has issued significant warnings that certain visa categories could become unavailable or retrogress before the end of Fiscal Year 2026.

For applicants who have waited years for their priority dates to become current, this is not a month to ignore.

The September Visa Bulletin is particularly important because September is the final month of the federal fiscal year. Visa numbers are subject to annual statutory limits, and once the available numbers are exhausted, a category can become “Unavailable.” The DOS expressly states that an annual limit, category limit, or applicable per-country limit can cause a preference category to become unavailable. 

Understanding what the September bulletin means—and what action may be appropriate—can help applicants avoid unnecessary delays. 

What Is the Visa Bulletin?

The Visa Bulletin is published by the U.S. Department of State to provide information about the availability of immigrant visa numbers in family-sponsored and employment-based preference categories.

 
Two sets of dates are particularly important: 

Final Action Dates indicate when immigrant visa numbers are authorized for qualified applicants whose priority dates are earlier than the listed date. 

Dates for Filing indicate when applicants may begin submitting required documentation to the National Visa Center, or, when USCIS permits use of that chart, potentially file adjustment-of-status applications before a visa number is immediately available. 

The distinction is critical. A person may be eligible to take certain filing steps under the Dates for Filing chart while still waiting for a visa number to become available for final approval. 

For adjustment-of-status applicants, USCIS determines whether the Final Action Dates chart or Dates for Filing chart may be used in a particular month. 

The bulletin also lists all three EB-5 set-aside categories rural, high-unemployment, and infrastructure as current for the listed chargeability areas. 

For applicants, the lack of movement can be frustrating. However, an unchanged date does not mean that a case will never move forward. Visa availability depends on demand, annual numerical limits, country-specific limits, and the number of cases being processed. 

EB-1 India: A Warning Applicants Should Not Ignore

One of the most significant warnings in the September bulletin concerns EB-1 India.

 

The Final Action Date for EB-1 India is October 15, 2022. However, the DOS warns that high demand and increased visa-number usage by applicants chargeable to India could cause the category to become unavailable in the coming weeks if India's prorated limit is reached before the fiscal year ends.

 
This is important for applicants whose priority dates are already current.
Being eligible today does not necessarily mean that visa availability will remain unchanged. If visa numbers are exhausted, the government may need to stop allocating additional numbers until the next fiscal year or otherwise adjust the applicable dates. 

Applicants with current or near-current EB-1 India cases should therefore make sure their cases are properly prepared and that no avoidable issues are delaying final processing. 

EB-2: Potential Retrogression or Unavailability

The EB-2 category is another area receiving special attention.

 
For September, EB-2 is current for most countries, while China has a Final Action Date of September 1, 2021. EB-2 India is listed as Unavailable.

 
The DOS warns that sufficient demand and increased visa-number use could require the EB-2 Final Action Date to retrogress or the category to become unavailable before the end of Fiscal Year 2026. 

Retrogression can be particularly stressful for applicants who have already completed substantial portions of the immigration process. 

For example, an applicant may have an approved immigrant petition and may have been preparing for final processing, only to discover that the applicable visa category has moved backward or become unavailable. 

This is why monitoring the Visa Bulletin is an essential part of long-term immigration planning. 

EB-5 Unreserved Applicants Should Also Pay Attention

The DOS has issued a similar warning concerning the EB-5 Unreserved category.

 
For September 2026, EB-5 Unreserved is current for most countries, while China has a December 1, 2016 Final Action Date and India is listed as unavailable. The EB-5 rural, high-unemployment, and infrastructure set-aside categories remain current. 

The Department warns that increased demand and visa-number usage could require retrogression or make EB-5 Unreserved unavailable before the end of the fiscal year. 

This distinction between Unreserved EB-5 and the three set-aside categories is important. Applicants should not assume that developments affecting one EB-5 category automatically apply to all EB-5 cases. 

Family-Based Immigration Also Sees Important Dates

The September bulletin is not limited to employment-based immigration.

 
For family-sponsored cases, the September Final Action Date for F2A, covering spouses and unmarried children under 21 of lawful permanent residents, is August 22, 2026 for most countries and August 22, 2025 for Mexico. The Dates for Filing chart lists F2A as current. 

Other family preference categories continue to have substantial waiting periods. For example, the September Final Action Dates include January 22, 2020 for F1, August 22, 2019 for F2B, October 22, 2014 for F3, and October 22, 2011 for F4 for most chargeability areas. 

These dates demonstrate why applicants should know their exact preference category and priority date rather than relying on general assumptions about immigration processing times. 

What Does “Unavailable” Mean?

The term “Unavailable” can be alarming, but it has a specific meaning.

 
According to the DOS, “U” means that visa numbers are not authorized for issuance. If an annual numerical limit is reached, the government may immediately make the relevant preference category unavailable, and further requests for visa numbers will not be honored. 

This does not necessarily mean that an applicant's underlying petition is invalid or permanently denied. 

Instead, it generally means that an immigrant visa number is not currently available under the applicable statutory limits. 

The situation can change when a new fiscal year begins and new visa numbers become available, although applicants should not assume that dates will automatically return to a previous position. 

Why Applicants Should Act Before a Deadline?

The September 2026 bulletin demonstrates how quickly immigration opportunities can change.
An applicant with a current priority date may have an opportunity to move forward, but delays in obtaining documents, responding to government requests, completing required forms, or addressing case-specific issues can create unnecessary complications.
Applicants should consider reviewing:

 

  •  Their priority date;
  •  Their employment or family preference category;
  •  Their country of chargeability;
  • Their Final Action Date;
  • Their Dates for Filing eligibility;
  • Whether USCIS has authorized the Dates for Filing chart;
  • The status of their underlying petition;
  • Whether all required documentation is ready; and
  • Whether any issue could affect adjustment of status or consular processing.
A professional review can be especially valuable when a case involves multiple family members, previous immigration filings, changes in employment, or other circumstances that could affect eligibility. 

What Should You Do If Your Priority Date Is Current?

If your priority date is current under the applicable chart, do not assume that you have unlimited time.
The first step is to determine which chart applies to your case and whether all other requirements for filing or final approval have been satisfied.


If your priority date is not current, this may still be an appropriate time to prepare. Gathering civil documents, reviewing immigration history, confirming petition information, and addressing potential problems in advance can make it easier to act when your priority date becomes eligible. 

The September bulletin also reinforces the importance of continuing to monitor future Visa Bulletins rather than relying on one month's dates. 

Final Thoughts: Don't Let Visa Availability Catch You Unprepared

The September 2026 Visa Bulletin contains both stability and uncertainty. 


Many employment-based Final Action Dates remain unchanged, but the Department of State has warned that EB-1 India, EB-2, and EB-5 Unreserved could experience retrogression or become unavailable as the government manages the remaining FY 2026 visa numbers. 

For immigrants who have spent years waiting for their opportunity to move forward, these warnings deserve serious attention.
Your priority date, immigration category, country of chargeability, and individual case circumstances all matter. A small misunderstanding about the applicable Visa Bulletin chart or filing requirements can potentially result in unnecessary delay. 

If your priority date is current—or close to becoming current—consider having your immigration case reviewed by an experienced immigration attorney. Early preparation can help you understand your options, identify potential problems, and be ready to act when visa availability allows your case to proceed. 

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