Department of State October 2026 Visa Bulletin Summary

The Department of State has released the October 2026 Visa Bulletin. D&S provides a monthly summary of the employment-based priority dates. In October 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing for Employment-Based Preference Cases chart.

To be eligible to file an adjustment of status application in October 2026, foreign nationals must have a priority date that is earlier than the applicable date listed on the Dates for Filing chart.

This visa bulletin marks the beginning of the new fiscal year, which has results in significant forward movement in many categories.

Employment-Based Application Final Action Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01JUL23 01FEB23 C C
2nd 01JAN25 01OCT21 01NOV13 01JAN25 01JAN25
3rd 15MAY24 08JAN22 01JAN14 15MAY24 15AUG23
Other Workers 01JAN22 01OCT19 01JAN14 01JAN22 01JAN22
4th 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
Certain Religious Workers 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
5th Unreserved
(including C5, T5, I5, R5, NU, RU)		 C 01DEC16 01DEC23 C C
5th Set Aside:
Rural (20%, including NR, RR)		 C C C C C
5th Set Aside:
High Unemployment (10%, including NH, RH)		 C C C C C
5th Set Aside:
Infrastructure (2%, including RI)		 C C C C C
Employment-Based Application Filing Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01JUL24 01JUL24 C C
2nd 15MAR26 01JAN23 15JAN15 15MAR26 15MAR26
3rd 01AUG24 01APR24 15JAN15 01AUG24 01JAN24
Other Workers 01JUN22 01OCT20 15JAN15 01JUN22 01JUN22
4th 01JAN25 01JAN25 01JAN25 01JAN25 01JAN25
Certain Religious Workers 01JAN25 01JAN25 01JAN25 01JAN25 01JAN25
5th Unreserved
(including C5, T5, I5, R5)		 C 01MAR21 01MAY24 C C
5th Set Aside:
(Rural: NR, RR - 20%)		 C C C C C
5th Set Aside:
(High Unemployment: NH, RH - 10%)		 C C C C C
5th Set Aside:
(Infrastructure: RI - 2%)		 C C C C C
Family-Based Application Final Action Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 22JAN20 22JAN20 22JAN20 08SEP08 01NOV13
F2A 22SEP26 22SEP26 22SEP26 22MAR26 22SEP26
F2B 22AUG19 22AUG19 22AUG19 15MAY10 01OCT13
F3 22OCT14 22OCT14 22OCT14 01JUL01 22JUL06
F4 22OCT11 22OCT11 15DEC06 22APR01 15MAY08
Family-Based Application Filing Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01FEB20 01FEB20 01FEB20 01DEC08 22APR15
F2A C C C C C
F2B 01SEP19 01SEP19 01SEP19 22MAR11 01OCT14
F3 01NOV14 01NOV14 01NOV14 01DEC02 22OCT06
F4 01NOV11 01NOV11 01FEB07 30APR01 22MAR09


The EB-1 Date for Filing for India and China is July 1, 2024. All other countries will remain current.

The EB-2 Date for Filing for India is January 15, 2015 and the Date for Filing for China is January 1, 2023. The Date for Filing  for all other countries is March 15, 2026. 

The EB-3 Professional/Skilled Worker Date for Filing for India is January 15, 2015, and the Date for Filing for China is April 1, 2024. The Date for Filing  for the Philippines is January 1, 2024. The Date for Filing for all other countries is August 1, 2024. The EB-3 Other Workers Date for Filing for India is January 15, 2015. The Date for Filing for China is October 1, 2020 and the Date for Filing for all other countries is June 1, 2022.

The EB-4 Date for Filing for all countries is January 1, 2025. The Certain Religious Workers Date for Filing is likewise  January 1, 2025.

With respect to the EB-5 Unreserved categories, the Date for Filing for India is May 1, 2024 and the Date for Filing for China is March 1, 2024. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current for all countries.

Department of State Expands Social Media Screening to TN, TD, and I Visa Applicants Effective October 1, 2026

What’s Happening

On September 18, 2026, the U.S. Department of State announced that, effective October 1, 2026, it will expand its online presence review process to include TN, TD, and I nonimmigrant visa applicants. The expansion adds these classifications to the growing list of visa categories subject to enhanced screening and vetting during consular visa adjudications.

The new requirements build upon existing online presence review procedures that already apply to several other nonimmigrant visa categories, including F, M, J, H-1B, H-4, and certain additional classifications.

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New Executive Order Directs Agencies to Consider Employer Layoffs in H-1B Adjudications

What’s Happening

On September 18, 2026, President Trump issued a new Executive Order titled “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program,” directing federal agencies to consider an employer’s recent or planned layoffs when reviewing H-1B cases. The White House also issued a Fact Sheet explaining the Administration’s broader focus on H-1B compliance and enforcement.

Under the new Order, the government must consider whether an H-1B employer had layoffs within the past year or is planning future layoffs that negatively affect similarly situated U.S. workers. This review can come up at several points in the H-1B process, including when an employer files a Labor Condition Application (“LCA”) or H-1B petition, when an employee applies for an H-1B visa, and when an H-1B employee seeks admission to the United States.

Importantly, the Order does not mean that an employer cannot sponsor H-1B workers simply because it has had layoffs. It does not create an automatic denial rule or a new labor-market test. Instead, it makes layoffs a factor that agencies must consider when reviewing H-1B cases. The Administration has not yet provided any public-facing guidance on how the fact of a layoff will impact H-1B adjudications or what information and documentation a sponsoring employer must provide in the event of a layoff. 

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Trump Administration Extends $100,000 H-1B Proclamation Through September 2027, but Fee Remains Blocked by Court Order

What’s Happening

On September 18, 2026, the President extended the $100,000 H-1B fee for another year, through September 2027. The good news for employers is that the fee remains blocked by the courts, so it still can’t be enforced.

Earlier this year, a federal court ruled that the $100,000 fee was unlawful and stopped the government from collecting it. The government asked a higher court to put that ruling on hold while it appeals, and that request was denied. This means the court’s decision is still in effect.

The new extension keeps the fee policy alive on paper, but it does not appear to override the court’s ruling. As a result, employers are not currently required to pay the $100,000 fee when filing H-1B petitions. Below, we explain what this means for your hiring plans and what to watch for in the months ahead.

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Federal Court Blocks DHS Rule Ending Duration of Status for F, J, and I Nonimmigrants

What’s Happening?

On September 14, 2026, the U.S. District Court for the District of Massachusetts issued nationwide preliminary relief blocking implementation of the Department of Homeland Security’s (“DHS”) final rule that was scheduled to eliminate Duration of Status (“D/S”) for F-1 students, J-1 exchange visitors, and I representatives of foreign information media beginning September 15, 2026.

As D&S previously reported on July 17, 2026, DHS finalized the rule replacing the longstanding D/S framework with fixed periods of admission, with an effective date of September 15, 2026.

The rule will now not take effect on September 15, 2026, and the existing D/S framework remains in place for now. The Court postponed the rule’s effective date and preliminarily enjoined DHS and U.S. Immigration and Customs Enforcement (“ICE”) from taking further action to implement it while the litigation continues.

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DHS Releases Proposed Rule to Eliminate Discretionary 60-Day Grace Period for Certain Nonimmigrant Workers

What’s Happening?

The Department of Homeland Security (“DHS”) has released a proposed rule that would eliminate the discretionary grace period of up to 60 days currently available to certain employment-based nonimmigrant workers following the end of their employment. As we previously reported in August, DHS had begun moving forward with this regulatory proposal, although the proposed regulatory text had not yet been released.

The proposed rule, titled “Eliminating the Discretionary 60-day Grace Period,” is scheduled for publication in the Federal Register on September 11, 2026 and would apply to individuals in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN status, as well as their qualifying dependents.

Importantly, there is no change to the 60-day grace period at this time. The current rule remains in effect unless and until DHS completes the rulemaking process and issues a final rule with an effective date.

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DHS Moves Forward with Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

What’s Happening?

The Department of Homeland Security (“DHS”) is moving forward with a proposed regulation, titled “Eliminating the Discretionary 60-day Grace Period”which would eliminate the discretionary 60-day grace period currently available to certain employment-based nonimmigrant workers following the end of their employment. 

On August 27, 2026, the proposed rule cleared an initial administrative hurdle (review by the White House Office of Information and Regulatory Affairs (“OIRA”)), a prerequisite before publication in the Federal Register.

Importantly, there is no change to the 60-day grace period at this time. DHS must first publish the proposed rule in the Federal Register, after which the public will have an opportunity to comment. DHS would then need to consider those comments and issue a final rule before any regulatory change could take effect. Since the proposed rule has not yet been published, its exact provisions and any transition rules are not yet known.

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DHS Advances Proposed H-1B Program Reforms for OMB Review

What’s Happening

The Department of Homeland Security (DHS) has submitted a proposed regulation titled Reforming the H-1B Nonimmigrant Visa Classification Program to the Office of Management and Budget (OMB) for review. The proposal could reshape several areas of H-1B eligibility and compliance, but it does not change current law or filing requirements at this stage.

The full proposal has not yet been released. Until DHS publishes the proposed rule in the Federal Register, its precise scope, definitions, and operational impact will remain unknown.

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Federal Court Vacates 75-Country Immigrant Visa Issuance Pause

What’s Happening

On August 21, 2026, the U.S. District Court for the Southern District of New York issued its decision in Catholic Legal Immigration Network, Inc. v. Rubio, vacating the Department of State’s suspension of immigrant visa issuance for nationals of 75 countries. The court also set aside immigrant visa refusals based solely on the suspension, requiring those applications to be returned to consular officers for further adjudication.

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Department of State September 2026 Visa Bulletin Summary

The Department of State has released the September 2026 Visa Bulletin. D&S provides a monthly summary of the employment-based priority dates. In September 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference Cases chart.

Employment-Based Application Final Action Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01JUL23 15OCT22 C C
2nd C 01SEP21 U C C
3rd 01SEP24 01JAN22 01JAN14 01SEP24 01AUG23
Other Workers 01APR22 01MAY19 01JAN14 01APR22 01DEC21
4th 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
Certain Religious Workers 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
5th Unreserved
(including C5, T5, I5, R5, NU, RU)		 C 01DEC16 U C C
5th Set Aside:
Rural (20%, including NR, RR)		 C C C C C
5th Set Aside:
High Unemployment (10%, including NH, RH)		 C C C C C
5th Set Aside:
Infrastructure (2%, including RI)		 C C C C C
Employment-Based Application Filing Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01DEC23 01DEC23 C C
2nd C 01JAN22 15JAN15 C C
3rd C 08JAN22 15JAN15 C 01JAN24
Other Workers 01AUG22 01OCT19 15JAN15 01AUG22 01AUG22
4th 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
Certain Religious Workers 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
5th Unreserved
(including C5, T5, I5, R5)		 C 01MAR17 01MAY24 C C
5th Set Aside:
(Rural: NR, RR - 20%)		 C C C C C
5th Set Aside:
(High Unemployment: NH, RH - 10%)		 C C C C C
5th Set Aside:
(Infrastructure: RI - 2%)		 C C C C C
Family-Based Application Final Action Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 22JAN20 22JAN20 22JAN20 01JAN08 01MAY13
F2A 22AUG26 22AUG26 22AUG26 22AUG25 22AUG26
F2B 22AUG19 22AUG19 22AUG19 15FEB09 01JUN13
F3 22OCT14 22OCT14 22OCT14 01JUL01 22FEB06
F4 22OCT11 22OCT11 01NOV06 08APR01 22AUG07
Family-Based Application Filing Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01FEB20 01FEB20 01FEB20 01DEC08 22APR15
F2A C C C C C
F2B 01SEP19 01SEP19 01SEP19 15MAY10 01OCT13
F3 01NOV14 01NOV14 01NOV14 15JUL01 08AUG06
F4 01NOV11 01NOV11 15DEC06 30APR01 22MAR08

To be eligible to file an adjustment of status application in September 2026, foreign nationals must have a priority date that is earlier than the applicable date listed on the Final Action Dates chart.

The EB-1 Final Action Dates will remain unchanged. The Final Action Date for India will remain October 15, 2022, and the Final Action Date for China will remain July 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India will remain unavailable, meaning that no immigrant visas are authorized for issuance in this category for nationals of India. The Final Action Date for China will remain September 1, 2021. All other countries will remain current.

The EB-3 Professional/Skilled Worker Final Action Dates will also remain unchanged. The Final Action Date for India will remain January 1, 2014, and the Final Action Date for China will remain January 1, 2022. The Final Action Date for the Philippines will remain August 1, 2023. The Final Action Date for all other countries, including Mexico, will remain September 1, 2024.

The EB-4 Final Action Date for all countries will advance by two months, from October 15, 2022, to December 15, 2022. The Certain Religious Workers category will likewise advance to December 15, 2022, for all countries.

With respect to the EB-5 Unreserved categories, India will remain unavailable and China will remain at December 1, 2016. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current for all countries.

Fiscal Year-End Visa Availability

The Department of State warns that high demand and visa number use may cause EB-1 India to become unavailable before the fiscal year ends on September 30, 2026. The Department of State also cautions that the EB-2 and EB-5 Unreserved categories may retrogress or become unavailable before the end of September if the applicable annual limits are reached.

More broadly, the Department of State notes that additional demand could require further retrogression or cause other categories to become unavailable before the end of the fiscal year. We will continue to monitor visa availability and provide updates regarding any changes.

DHS Proposes $103,265 Fee for H-1B Cap Petitions

What’s Happening

On August 25, 2026, the Department of Homeland Security (“DHS”) is scheduled to publish a proposed rule that would impose a new $103,265 fee on all cap-subject H-1B petitions. The fee would apply to petitions filed under both the regular H-1B cap and the advanced-degree exemption and would be charged in addition to all other required filing fees.

It is important to note that the proposal is not yet final and will not take effect upon publication. DHS must first accept and review public comments and publish a final rule with an implementation date.

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D&S Regulatory Updates Digest: Recent Developments for Employers

The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently announced several immigration-related regulatory developments affecting electronic filing, H-1B and L-1 filing fees, and the PERM labor certification program. 

Below is a digest of these updates and their potential implications for employers, with links to the full posts for more information.

USCIS Establishes Framework for Mandatory Electronic Filing of Immigration Forms

DHS has established a framework that will allow USCIS to require electronic filing of certain immigration benefit requests in the future. No forms are subject to mandatory electronic filing yet, and USCIS must provide at least 60 days’ advance notice before implementing a requirement for an eligible form.

DHS Expands 9/11 Biometric Fee to H-1B and L-1 Extension Petitions

Beginning September 9, 2026, employers already subject to the 9-11 Response and Biometric Entry-Exit Fee must pay the additional $4,000 H-1B fee or $4,500 L-1 fee when requesting an extension of status, including a routine extension with the same employer. The fee applies to employers with at least 50 U.S. employees and more than 50 percent of the U.S. workforce holding H-1B or L-1 status. The rule does not expand which employers are covered, but it will significantly increase extension filing costs for employers that meet the existing statutory criteria.

DOL Plans Major Modernization of PERM Labor Certification Program

DOL has announced plans to modernize the PERM labor certification program, potentially affecting recruitment requirements, applicant review, layoff analyses, recordkeeping, and employer compliance obligations. No proposed regulatory language has been published and no changes are currently in effect, so employers will continue processing PERM cases under the existing regulations while monitoring the rulemaking.

D&S will continue to monitor these developments and provide further guidance as additional information becomes available.

USCIS Establishes Framework for Mandatory Electronic Filing of Immigration Forms

What’s Happening

On August 11, 2026, the Department of Homeland Security (“DHS”) published an interim final rule authorizing U.S. Citizenship and Immigration Services (“USCIS”) to require electronic filing of certain immigration benefit requests. The rule is effective August 11, 2026.

Importantly, the rule does not immediately require electronic filing of any particular USCIS form. Instead, it establishes the process USCIS may use to mandate electronic filing in the future. According to USCIS, a form must have:

  1. Been available for electronic filing for at least 180 days before USCIS may make e-filing mandatory, and 

  2. USCIS must provide the public with at least 60 days’ advance notice on its website before the requirement takes effect.

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DHS Expands 9/11 Biometric Fee to H-1B and L-1 Extension Petitions

What’s Happening?

On August 10, 2026, the Department of Homeland Security (“DHS”) published a final rule expanding the circumstances in which certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee when filing H-1B and L-1 petitions.

Effective September 9, 2026, covered employers will be required to pay the additional $4,000 fee for H-1B petitions and $4,500 fee for L-1 petitions when requesting an extension of status, including routine extensions with the same employer. Previously, the fee applied to petitions involving an initial grant of H-1B or L-1 status or a change of employer.

The rule does not expand which employers are subject to the fee. Rather, it expands the types of H-1B and L-1 filings for which employers already subject to the fee must pay it.

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DOL Plans Major Modernization of PERM Labor Certification Program

What’s Happening

The U.S. Department of Labor (“DOL”) has announced plans to significantly modernize the permanent labor certification (“PERM”) program, potentially setting the stage for the most substantial changes to the employer-sponsored green card process in more than two decades.

As part of its Spring 2026 Unified Agenda, DOL added a proposed rule titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.” The rulemaking, identified as RIN 1205-AC29, is currently at the proposed rule stage. DOL initially targeted July 2026 for publication of a Notice of Proposed Rulemaking (“NPRM”), but no proposed regulatory text has yet been published.

Importantly, there are no changes to the PERM process at this time. The Unified Agenda reflects DOL’s intention to pursue rulemaking, but it does not itself create new requirements. Employers should continue to initiate and process PERM cases under the existing regulations.

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DHS Advances Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the White House Office of Information and Regulatory Affairs (“OIRA”) for regulatory review. The proposal could have significant consequences for foreign national employees who are laid off, resign, or otherwise end employment before their authorized period of stay expires, as well as for employers seeking to hire foreign nationals following the end of employment with another company.

Importantly, nothing has changed yet. The existing 60-day grace period remains available under current regulations.

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USCIS Expands Authority to Deny Cases Without Requests for Evidence and Tightens Evidentiary Standards

U.S. Citizenship and Immigration Services (“USCIS”) announced a Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny, which makes significant changes to the way USCIS evaluates evidence and handles potentially deficient immigration filings.

Most significantly, USCIS has restored adjudicators’ discretion to deny an immigration petition or application without first issuing a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) where required initial evidence is missing or the filing otherwise fails to establish eligibility. The policy took effect immediately and applies broadly to benefit requests that were pending on August 5, 2026, as well as requests filed on or after that date.

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Update: First Circuit Denies Request to Stay Order Vacating $100,000 H-1B Fee

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the federal government’s request to stay a district court order vacating the policy that implemented the $100,000 H-1B payment requirement.

The $100,000 payment requirement should no longer apply while the appeal is pending.

Because the First Circuit declined to keep the district court’s order on hold, USCIS should no longer assess the additional $100,000 payment under the vacated policy unless a later court order changes the current status.

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New Public Charge Rule Takes Effect September 18, 2026: What Green Card Applicants Need to Know

What's Happening

On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that rescinds the 2022 public charge regulations. The “public charge” rule is the test the government uses to decide whether someone applying for a green card or admission to the United States is likely to depend on government support in the future. If the government decides someone is likely to become a public charge, it can deny the green card or entry.

The new rule, which takes effect on September 18, 2026, removes the clear definitions and protections adopted in 2022 and gives immigration officers much broader discretion. Importantly, the new rule also greatly expands the list of government benefits that can count against an applicant. Under the 2022 rule, only cash assistance and long-term institutional care mattered. Under the new rule, officers can consider any “means-tested” benefit, meaning any government program with an income limit, including Medicaid, SNAP (food stamps), CHIP, and housing assistance. A chart comparing the new and former public charge rules can be found here.

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