Visa Bulletin October 2026: EB-2 and EB-3 Dates, Plus What to Do About H-1B and Form I-9

The October 2026 Visa Bulletin (the start of fiscal year 2027), released by the State Department on September 29, moved EB-2 and EB-3 dates forward for China and India but pushed them backward for the rest of the world — while USCIS continues to allow adjustment of status filings under the earlier Dates for Filing chart.

In short

• EB-2 India got a final action date for the first time in a long while — November 1, 2013 — making the category available for filing again
• EB-2 and EB-3 for the rest of the world lost current status: final action retrogressed to January 1, 2025 and May 15, 2024 respectively
• EB-5 unreserved reopened for India with a filing date of May 1, 2024; for China only the filing date moved, to March 1, 2021
• An I-140 downgrade to EB-3 for China works even with an expired PERM certification, but only if the job matches the original petition
• After a change of status to H-1B, the employer must reverify I-9 through Supplement B and start withholding FICA taxes

What changed in the October bulletin for China and India

Category	Country	Final Action Date	Dates for Filing
EB1	China	July 1, 2023 (unchanged)	July 1, 2024
EB1	India	February 1, 2023	July 1, 2024
EB2	China	October 1, 2021 (moved forward one month)	January 1, 2023 (moved forward one year)
EB2	India	November 1, 2013 (category reopened after being unavailable)	January 15, 2015 (unchanged)
EB3	China	January 8, 2022	April 1, 2024
EB3	India	January 1, 2014 (unchanged)	January 15, 2015 (unchanged)

For EB-2 India, the key development this month isn’t the date itself — it’s the fact that the category reopened at all. There was no final action date at the end of the previous fiscal year, and it has now been re-established at November 1, 2013. EB-3 India saw no movement whatsoever, on either chart: both dates simply repeat last month’s figures.

For EB-2 India, the key development this month isn’t the date itself — it’s the fact that the category reopened at all.

Among the dates that simply moved forward (without a category reopening), EB-2 China showed the biggest jump — a full year, to January 1, 2023, on the filing chart. For the other China and India categories, final action date movements are measured in weeks or months, not years.

EB-5 and the unreserved category: what changed for investors

The EB-5 unreserved category for India reopened: the final action date is now December 1, 2023, and the filing date is May 1, 2024. For China, the final action date in the unreserved category didn’t change and remains at December 1, 2016, but the filing date moved forward to March 1, 2021.

The rural, high-unemployment, and infrastructure set-aside categories remain current for applicants from every country, with no exceptions — filings can be submitted immediately, without waiting for a priority date to come up.

Why EB-2 and EB-3 for the rest of the world retrogressed

With the start of the new fiscal year, not every category moved forward: some EB-2 and EB-3 dates for the rest of the world retrogressed, even though they had previously been current. The EB-2 final action date for the rest of the world regressed from “current” to January 1, 2025, and EB-3 regressed to May 15, 2024. On the Dates for Filing chart, the retrogression is even sharper: EB-2 for the rest of the world fell back to March 15, 2026, and EB-3 to August 1, 2024.

some EB-2 and EB-3 dates for the rest of the world retrogressed, even though they had previously been current

According to the State Department, these adjustments help keep visa issuance within quarterly and annual limits — the agency continues to monitor demand and may move the dates further.

What HR teams and applicants should check after the bulletin

• Cross-check three data points: employment category, country of chargeability, and priority date — these are what determine whether a case falls within the current bulletin.
• Confirm which chart applies: Final Action Dates or Dates for Filing — using the wrong chart leads to a wrong conclusion about filing readiness.
• Check the actual date: wherever a cutoff applies, the employee’s priority date must be earlier than the date listed in the chart — otherwise it’s too early to file.
• Flag employees who became eligible to file specifically in October, and coordinate document preparation with them right away — this is the moment when a case’s status may have changed compared to the previous month.

This checklist applies to the October bulletin only: future bulletins may move dates forward again or retrogress them further.

What HR teams and applicants should check after the October bulletin

• Cross-check employment category, country of chargeability, and priority date for each caserequiredThese three data points determine whether a case falls within the current bulletin
• Confirm which chart applies — Final Action Dates or Dates for FilingrequiredUsing the wrong chart leads to a wrong conclusion about filing readiness
• Check that the employee’s priority date is earlier than the cutoff date in the chartrequiredWherever a cutoff applies, otherwise it’s too early to file
• Flag employees who became eligible to file specifically in OctoberrequiredCoordinate document preparation with them right away
• Keep in mind this checklist applies to the October bulletin onlyFuture bulletins may move dates forward again or retrogress them further

I-140 downgrade: when it works

The faster Dates for Filing movement for China’s EB-3 opens up the possibility of what’s known as an I-140 downgrade: if an applicant’s priority date is current under EB-3 but not under EB-2, the employer can file a new I-140 petition to change the preference category and let the worker file for adjustment of status. This works even if the PERM labor certification underlying the original petition has already expired — it’s enough that the I-140 petition based on that PERM was approved.

This works even if the PERM labor certification underlying the original petition has already expired — it’s enough that the I-140 petition based on that PERM was approved.

A downgrade is only possible if several conditions are met:

• the employer has to be willing to sign the new I-140 petition — the employee cannot initiate this alone;
• the job title, duties, and work location must match what was listed in the previously approved permanent petition — it needs to be the same job, or something very close to it;
• if the foreign worker now holds a substantially different position compared to the original PERM and I-140, a downgrade may not be possible, and a brand-new PERM filing would be required instead.

A downgrade makes sense when the priority date is current and allows an adjustment of status filing under a lower preference category. But there’s a caveat: switching categories back and forth repeatedly is generally not advisable. Before allowing an employee to take this step, global mobility or HR teams should consult with immigration counsel.

Duration of status: where the court case stands

The government has appealed the September 14 court ruling that blocked the rule ending duration of status (DS). At a status conference on October 2, government representatives said they intend to ask the First Circuit to expedite the appeal and to stay proceedings in the district court in the meantime. The appeal itself doesn’t change anything yet: the rule remains blocked nationwide, and the current DS framework stays in place. Both sides must submit proposals on next steps by October 9 — after that date, new court rulings are possible and worth watching separately.

Changing status to H-1B: Form I-9 and FICA taxes

H-1B status in CAP-subject change-of-status cases takes effect automatically on the petition’s validity start date — for most such cases, that’s October 1, the start of the new fiscal year. For some applicants, the transition will happen later, as USCIS works through the pending CAP petitions.

Once the new status takes effect, the employer has an obligation to update the employee’s work authorization record. Reverification is done in Supplement B of the current version of Form I-9 — the old version can’t be used, even if Section 3 or Supplement B on the prior form still has blank space left. Two versions of the form are currently valid: the one issued August 1, 2023, and the one issued January 20, 2025, with the latter valid through May 31, 2027.

A separate compliance issue is FICA tax (Social Security and Medicare). While an employee holds F or J status, they’re generally exempt from these taxes for all or most of their time in that status. Once status changes to H-1B, that exemption ends, and the employer is required to start withholding FICA from the employee’s wages.

Frequently asked questions

What should I do if my EB-2 India priority date became current after the category reopened

If the priority date is current under either the Final Action Dates or Dates for Filing chart (whichever USCIS is applying that month), the applicant can file or move forward an adjustment of status application. Check the date against November 1, 2013, and confirm that the country of chargeability and employment category match.

Can retrogression in EB-2 and EB-3 for the rest of the world undo an adjustment of status application that’s already been filed

Retrogression blocks new filings and final decisions on cases that haven’t yet met the old cutoff, but it doesn’t by itself undo an adjustment of status application that’s already been filed and accepted — that case stays in the queue pending review.

How long does the block on ending duration of status remain in place after the appeal

The appeal itself doesn’t change anything yet: the rule ending DS remains blocked nationwide, and the current DS framework stays in place. Both sides must submit proposals on next steps by October 9 — after that date, new court rulings are possible.

Does an employee have to fill out a whole new Form I-9 when changing status to H-1B

No — it’s not a brand-new form, just a reverification in Supplement B of the current version of Form I-9. The old version of the form can’t be used, even if Section 3 or Supplement B on it still has blank space left.

Can an I-140 downgrade be done repeatedly if the bulletin dates keep changing

Nothing formally prohibits switching categories back and forth more than once, but repeated switching is generally not advisable. Before allowing an employee to do another downgrade, global mobility or HR teams should consult with immigration counsel.

Is FICA owed on wages paid before the date status changed to H-1B

The FICA exemption applies while the employee holds F or J status. Once status changes to H-1B, the exemption ends, and the employer must withhold FICA on wages paid during the new status going forward.