Visa Bulletin October 2026: What Changed for EB-2, EB-3, H-1B, and Students

As of October 2026, new fiscal-year quotas took effect, the EB-2 and EB-3 queues retrogressed, and starting October 23 USCIS applies strict new rules for calculating document filing deadlines.

In short

• October’s EB-2 and EB-3 retrogression is linked to roughly 43,000 cases returning to the system through litigation over the visa suspension in 75 countries
• Starting October 23, 2026, weekend and holiday extensions for filing deadlines are eliminated — USCIS must receive documents on the exact date stated
• The default RFE response window dropped from 80–87 days to 30 days across all categories
• Public Charge rules and the new Form I-485 only apply to those filing documents after September 18, 2026
• The Green Card Lottery is not being held for fiscal year 2027 — the next possible drawing would be called DV 2028

The New Fiscal Year and the Return of Suspended Cases

On October 1, a new fiscal year begins in the United States, and with it all visa quotas reset. The October bulletin usually brings noticeable queue movement, but this year there’s almost no progress, and some categories actually retrogressed — except for a few with very limited numbers of applicants, where movement forward was strong.

The main reason for the retrogression is ongoing litigation over the suspension of immigrant visa issuance in 75 countries: the court ordered the defendants to report on compliance, and by indirect estimates, roughly 43,000 cases may have re-entered the system. There’s no final ruling in the case yet, and the situation could still change. This doesn’t mean 43,000 visas will be issued in fiscal year 2026: a portion of those visas had already been reserved in advance, and that appears to be exactly what pushed the queues back in the October bulletin. Interviews for applicants from those 75 countries have already started being scheduled, and for some, they’ve already been conducted.

October 2026 Visa Bulletin: The F2A, EB-2, and EB-3 Queues

In October, the Family-based category — everyone except Immediate Relatives (spouses, spouses and children of U.S. citizens) — still files under the Dates for Filing chart, as is almost always the case for this group, and October brought no change there. But for those already waiting for an embassy interview call, the F2A queue (spouses and children of green card holders) moved — by just one month.

Movement in the employment-based categories was worse. EB-2 showed retrogression — meaning the queue didn’t just stall, it moved backward. EB-3 also retreated. For applicants who had been waiting years for their date, this means part of the ground already covered toward their priority date was effectively reset, and the wait will be longer than expected even back in the summer.

EB-2 showed retrogression — meaning the queue didn’t just stall, it moved backward.

How the priority date is locked in depends on whether the applicant has an employer sponsor. For categories without an employer — EB-1, EB-2 NIW, NAW — the queue date is the day the immigrant petition itself was filed, as shown on the Receipt Notice issued after filing. For employer-sponsored categories — EB-2 and EB-3 — the priority date is locked in on the day the PERM application was filed, not the day the immigrant petition was filed. Because of this, an applicant is formally placed in the visa queue before PERM and the petition itself are even approved — sometimes as much as a year and a half before the I-140 is approved. That’s why, once an employer-sponsored EB-2/EB-3 petition is approved, there’s usually not much more waiting left — the time was already credited earlier.

PERM Approval Times in 2026

PERM approval times have shortened: one documented case was approved in roughly 10 months — filed in November 2025, decided in September 2026 — though other estimates put the average process at 11–13 months. Previously, the process could stretch to 16 months or longer.

Not all cases move at the same pace, though: out of four petitions filed by the same employer on the same day, only one or two went through on this accelerated timeline. The specific case matters more than the filing date alone.

At the same time, PERM denials have increased — processing got faster, but scrutiny got tougher. On wait times specifically: verifying wage data currently takes about 3 months.

For the EB-2 and EB-2 NIW categories, the wait has stretched differently: cases filed as far back as 2023 are still being reviewed more than two years later. Applicants who have an employer should consider filing an employer-sponsored EB-2 or EB-3 petition in parallel — it may end up moving faster than waiting on an NIW application without a sponsor.

EB-1, EB-4, EB-5: What Changed in the Other Categories

The EB-1 category saw no change in the October bulletin — both Final Action Dates and Dates for Filing remain fully current, meaning there’s effectively no queue at all. That doesn’t mean getting an EB-1 petition approved is easy: statistically, roughly 30% of EB-1 petitions are approved.

For EB-2 and EB-2 NAW, a cutoff date appeared in the Final Action Dates chart for the first time — January 1, 2025 — while Dates for Filing shows March 15, 2026. Until now, both categories had no queue at all; now applicants whose priority date falls after those cutoffs will have to wait.

EB-3 retrogressed by 3 months: Dates for Filing now shows August 1, 2024 — this applies to those awaiting an embassy interview. The EB-3 Other Workers subcategory (unskilled workers) also retrogressed by 3 months, while those filing for adjustment of status inside the U.S. saw a 2-month retrogression.

EB-4 Religious Workers, by contrast, advanced — jumping forward by 2 full years on both charts. The EB-5 category saw no change at all: both Final Action Dates and Dates for Filing remain current, same as last month.

For those filing EB-2 or EB-3 with an employer sponsor, special pricing is available for case handling, and employers themselves can access free consultation sessions to assess whether their company qualifies to sponsor an employee.

Green Card Lottery: Is DV Being Held for Fiscal Year 2027

The Green Card Lottery section has disappeared from this bulletin entirely — it is not being held for fiscal year 2027. The logic comes down to procedure: the lottery for a given fiscal year has to run before September 30 of the preceding year. Fiscal year 2027 is already underway, which means the window to run that year’s drawing has already passed. If a lottery is held, it will be called DV 2028, not DV 2027 — belonging to the next cycle.

The lottery remains an unreliable path: winning doesn’t guarantee relocation, and if the visa isn’t issued by September 30, the right to it is lost permanently and cannot be recovered. For anyone for whom relocating is a priority, it makes more sense to pursue other immigration categories in parallel.

Public Charge and the New Form I-485, Effective September 18

On September 18, new Public Charge rules took effect, along with changes to Form I-485 — the main green card application form. The new requirements apply to anyone filing after that date: applicants who already had their interview before then aren’t subject to the rule, even if a decision on their case hasn’t been issued yet.

The rule is currently being challenged in court, but there’s no ruling suspending it so far. It applies to nearly every category where a green card application is screened for Public Charge — meaning most family- and employment-based applicants. In practice, there have already been interviews where the officer asked Public Charge questions, but that didn’t stop the case from being approved.

For anyone filing after September 18, it’s worth reviewing the new form and requirements ahead of time — and considering whether, given their specific situation, it makes sense to hold off on certain public benefits around the time of filing.

Student Status: The 4-Year Rule and Extending Toward a Green Card

A rule limiting student status to four years was supposed to take effect on September 15 — but as of today it’s blocked by a court. There’s no final ruling on it: the fight over repealing or keeping this rule is ongoing, and it’s been dragging on since the previous administration. Students who could be affected shouldn’t leave it to chance — it’s worth planning an alternative strategy ahead of time: filing for an O-1 or L-1 visa, working outside the U.S. with a return on L-1 status, the EB-5 category if the applicant or their family has sufficient funds, or another path to legal status.

Student status remains temporary either way — regardless of whether the 4-year rule takes effect or not. Spending years on this status while working informally for cash doesn’t turn it into a basis for permanent residence.

Until a green card is actually in hand, status needs to keep being renewed — even when that’s expensive and inconvenient. Letting it lapse in anticipation of a change of status is risky: if an applicant files for a change of status while on student status and using work authorization, the school is entitled to terminate their SEVIS record and the status itself.

the school is entitled to terminate their SEVIS record and the status itself

New Deadline-Calculation Rules Starting October 23

Starting October 23, 2026, the very principle behind how USCIS calculates filing deadlines is changing — the rule affects responses to Requests for Evidence (RFE), expiring statuses, and a number of programs.

1. Weekend extensions are eliminated. Previously, if the last day of a deadline fell on a Saturday, Sunday, or federal holiday, documents could be filed the next business day. As of October 23, that no longer applies: if the deadline falls on a Saturday, USCIS must receive the documents on that exact day, no exceptions. This applies to online filing too — there’s no extension there either.

2. The rule affects the Special Immigrant Juvenile program. Under this program, documents must be filed before the applicant turns 21. If the birthday falls on a Saturday, it used to be possible to submit paperwork the following Monday — not anymore: a guardianship decision could be issued the same day the applicant turns 21, and there’s no waiting for the weekend to pass.

3. A mailing postmark doesn’t prove timeliness. If the deadline is a Monday, a postal service stamp showing the letter was mailed that day means nothing — the documents must already be in USCIS’s hands before the date stated in the request, not merely dropped off at a post office.

4. Proof of timeliness needs to be kept by the applicant. When sending documents to USCIS — via FedEx, UPS, or USPS, regardless of carrier — always use a service with a tracking number, and keep that number as proof the package was sent and arrived on time.

5. Take a screenshot on the last day of the deadline. If the tracker shows delivery on the exact required date, a screenshot of that confirmation will come in handy as evidence in an appeal or litigation — a tracking number alone can be lost, and recovering it isn’t always quick.

6. Form I-864 is changing for family-based immigration. The Affidavit of Support gets a new edition dated August 24, 2026. A sponsor signing this form grants USCIS the right to pull their credit history and financial information. This applies not to the immigrant, but to the U.S. citizen or green card holder acting as sponsor.

How to Prove Timely Filing With USCIS

• Only ship documents with a tracking numberFedEx, UPS, or USPS — any carrier works, as long as there’s a tracking number
• Save the tracking number separately from the package itselfSo it isn’t lost if the receipt goes missing
• Check delivery status on the deadline dayA mailing postmark doesn’t prove timeliness
• Screenshot the tracker showing the delivery dateUseful as evidence in an appeal or litigation
• Remember that weekend and holiday extensions no longer applyIf the deadline falls on a Saturday, documents must be received that Saturday

RFEs, Asylum Based on Refusal to Serve in the Military, and Taxes in Petitions

Requests for Evidence (RFE) now default to a 30-day response window — down from 80–87 days previously. This applies to RFEs across all categories: for family-based immigration, 30 days is usually manageable, but when filing for expedited processing under B-1 or B-2, there may not be enough time to gather additional evidence or get a new letter from an organization. In practice, this means the document package needs to be as complete as possible before filing — gathering anything substantial within 30 days often isn’t realistic.

Among asylum applicants, there’s a common belief that refusing to serve in the military is grounds for protection on its own. It isn’t: under a BIA ruling, refusal to serve in the military by itself is not recognized as a basis for asylum. A claim can only be made under one of five grounds — political opinion, race, religion, nationality, or membership in a particular social group. Refusing to fight against a specific country, such as Ukraine, doesn’t by itself fall under any of these categories — and neither does war itself. For a case to have a real chance, the grounds need to be tied specifically to the applicant’s political opinion.

Officers warn that if tax returns haven’t been filed, but an extension was granted for them, this can become grounds for denial of an immigrant petition — the rule applies to both I-140 and I-130. A given year’s return must be filed by April 15 of the following year — for example, the 2026 return is due April 15, 2027. An extension on filing the return itself can be obtained until October 15, but taxes owed must still be paid on time regardless of that filing extension.

On September 21, the rule requiring a $100,000 fee for H-1B visas was extended, but it’s currently not in effect due to a court block. Employers sponsoring H-1B will face additional scrutiny over whether they’re laying off American workers to hire foreign ones. The EB-3 category is not affected by this fee: employer sponsorship through EB-3 doesn’t involve the $100,000 payment — it applies strictly to H-1B and doesn’t extend to immigrant visas.

Frequently asked questions

What happens if documents under the new USCIS rule arrive a day late because of a weekend at the post office

Nothing will help: as of October 23, 2026, the next-business-day extension is eliminated, and if the deadline falls on a Saturday, Sunday, or holiday, USCIS still must receive the documents on that exact date. Being a day late because of a weekend isn’t, by itself, treated as good cause.

Can you win the Green Card Lottery retroactively if DV 2027 isn’t being held

No: the lottery for a given fiscal year has to run before September 30 of the preceding year, and that window for the 2027 cycle has already closed. If a next drawing happens, it will belong to the DV 2028 cycle, not the skipped year.

What should you do if a school already terminated your student status over a change-of-status filing

This is a risky situation precisely because status and work authorization are directly tied to student status: a school is entitled to terminate the SEVIS record when a change-of-status application is filed. Until a green card is actually in hand, it’s safer not to let student status lapse and to keep renewing it, even if that’s inconvenient.

Do RFE documents need to be filed in person, or can they be mailed on the last day

Mailing on the last day is risky in itself under the new 30-day window: a postal service postmark doesn’t prove timeliness — USCIS must actually have received the documents before the deadline. To protect yourself, use a shipping method with a tracking number and keep the delivery confirmation.

If EB-3 documents are filed with an employer sponsor after September 18, do the new Public Charge rules apply

Yes, the new Public Charge rules apply to everyone filing after September 18, regardless of category — that includes most family- and employment-based applicants, EB-3 included. Applicants who already had their interview before that date aren’t subject to the new requirements, even if a decision on their case hasn’t been issued yet.

Can you get an extension on paying taxes, not just on filing the return

No: an extension only covers filing the return itself — until October 15 — while the taxes owed still have to be paid by the regular deadline regardless of that extension. If a return hasn’t been filed, and an extension was granted for it, this can become grounds for denial on an I-140 or I-130 petition.