The U.S. Department of State has released the August 2026 Visa Bulletin, and the headline for employment-based applicants is a mix of modest forward movement and fresh warnings. Several categories advanced, but EB-2 India remains unavailable, and the State Department has cautioned that EB-1 India could become unavailable in the coming weeks. USCIS has confirmed it will use the Final Action Dates chart for employment-based adjustment-of-status filings in August.
Here is what changed, what stayed put, and what it means if you are waiting on a priority date.
Employment-Based Final Action Dates — August 2026
The most closely watched movements are in the employment categories. Based on the State Department bulletin, the key final action dates are:
| Category | China | India | All Other Countries |
|---|---|---|---|
| EB-1 | Jul 1, 2023 ▲ | Oct 15, 2022 (at risk) | Current |
| EB-2 | Sep 1, 2021 | Unavailable | Current |
| EB-3 (Skilled) | See bulletin | See bulletin | Advances ~1 month |
Dates reflect the Final Action Dates chart. China, India, and the Philippines remain the most backlogged for EB-3; confirm exact cut-offs on the official State Department Visa Bulletin.
EB-2 India Stays Unavailable
The toughest news is for EB-2 India, which remains unavailable in August. When a category is "unavailable," no immigrant visa numbers are being issued for it that month, and no new adjustment applications can be filed against it. The State Department has warned that heavy demand and number use may force further retrogression in EB-2 in the months ahead. Indian-born applicants stuck in EB-2 should watch closely and, where eligible, weigh whether an EB-1 or EB-2 NIW strategy makes sense with counsel.
EB-1 India on the Brink
EB-1, usually the fastest employment category, is under pressure too. India holds at October 15, 2022, but the State Department has flagged that EB-1 India may become unavailable in the coming weeks if demand continues. EB-1 China advanced about one month to July 1, 2023. For the rest of the world, EB-1 remains current.
EB-3 and the Worldwide Picture
Worldwide EB-3 advanced by roughly one month, offering a small window for skilled-worker applicants outside the heavily backlogged countries. China, India, and the Philippines continue to see the longest EB-3 waits. Some applicants "downgrade" from EB-2 to EB-3 (or upgrade the other way) when one chart moves faster — a move worth reviewing with an attorney, because it carries filing risks.
Final Action Dates vs. Dates for Filing
The bulletin has two charts. "Final Action Dates" decide when a green card can actually be approved; "Dates for Filing" can let you submit an adjustment application earlier. For August, USCIS is using the Final Action Dates chart for employment-based cases — so check your priority date against that chart before filing Form I-485.
Family-Based Categories
Family-sponsored categories continue their slow, steady movement, with the heaviest backlogs in the F3 and F4 categories and for applicants from Mexico and the Philippines. Because family cut-off dates shift month to month, verify your exact category and country on the official bulletin rather than relying on last month's dates.
What Applicants Should Do
- Find your priority date on your I-140 or I-130 approval notice, then compare it to your category and country of birth.
- If your date is current under the Final Action Dates chart, be ready to file or complete Form I-485 promptly — availability can retrogress.
- If you're EB-2 India, talk to counsel about NIW, EB-1 eligibility, or cross-chargeability through a spouse's country of birth.
- Track movement with our priority date checker, and read how priority dates work if the terms are new to you.
Frequently Asked Questions
Why is EB-2 India unavailable in August 2026?
Demand for EB-2 numbers from India far exceeds the annual per-country supply, so the State Department periodically makes the category unavailable or retrogresses it to keep issuance within statutory limits.
Which chart should I use to file my I-485 in August?
For employment-based cases in August 2026, USCIS is accepting filings based on the Final Action Dates chart. Always confirm on the USCIS "when to file" page for the current month.
Last verified: July 2026 · Figures summarized from the U.S. Department of State August 2026 Visa Bulletin. Confirm exact dates on travel.state.gov before filing.