The State Department's October 2026 Visa Bulletin, the first of fiscal year 2027, moved the EB-2 Final Action Date for "Rest of World" back from current to January 1, 2025. EB-1 stayed current for everyone except people chargeable to China or India. USCIS says all employment-based applicants must use the Dates for Filing chart in October, which for EB-2 Rest of World is March 15, 2026. This post gives the EB-1 and EB-2 dates, explains the two charts, and covers what the retrogression means if you filed or plan to file an EB-2 national interest waiver (NIW).
- EB-2 Final Action Date, Rest of World, Mexico and Philippines: January 1, 2025 (it was current in September 2026)
- EB-2 Dates for Filing, Rest of World, Mexico and Philippines: March 15, 2026
- EB-1: current for Rest of World, Mexico and Philippines; China and India have their own dates
- USCIS: employment-based applicants must use the Dates for Filing chart in October 2026
- NIW: your priority date is the date your I-140 was properly filed; once approved, you generally keep it
What are the EB-1 and EB-2 dates in the October 2026 Visa Bulletin?
Here are the employment-based first preference (EB-1) and second preference (EB-2) dates from the State Department's Visa Bulletin for October 2026. "Current" means numbers are authorized for all qualified applicants, whatever their priority date. A priority date is your place in the queue: for EB-1 and the NIW, it is generally the date your Form I-140 petition was properly filed.
| Category and chart | Rest of World | China (mainland born) | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 Final Action Date | Current | July 1, 2023 | February 1, 2023 | Current | Current |
| EB-1 Date for Filing | Current | July 1, 2024 | July 1, 2024 | Current | Current |
| EB-2 Final Action Date | January 1, 2025 | October 1, 2021 | November 1, 2013 | January 1, 2025 | January 1, 2025 |
| EB-2 Date for Filing | March 15, 2026 | January 1, 2023 | January 15, 2015 | March 15, 2026 | March 15, 2026 |
For comparison, the September 2026 Visa Bulletin showed EB-2 as current on both charts for Rest of World, Mexico and Philippines. EB-2 India was "U" (unavailable) on the Final Action chart in September and now has a date, November 1, 2013. EB-1 India's Final Action Date moved forward from October 15, 2022 to February 1, 2023.
USCIS reproduces the same Dates for Filing chart on its October 2026 filing chart page, and its EB-1 and EB-2 rows match the bulletin.
Which chart does USCIS accept for October 2026?
The Dates for Filing chart. USCIS decides each month which chart people already in the United States must use to file Form I-485, the application to adjust status to permanent residence. For October 2026, its adjustment of status filing charts page says:
"For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2026." USCIS, Adjustment of Status Filing Charts from the Visa Bulletin (updated 10/01/2026)
The same page adds an exception: if a category is current on the Final Action chart, or its Final Action Date is later than its Date for Filing, applicants may file using the Final Action chart that month. That does not change anything for EB-1 or EB-2 in October 2026.
Final Action Date vs Date for Filing: what is the difference?
The Final Action Date is when a visa number can actually be issued, so it is when a green card can be approved. The bulletin says numbers are authorized "only for applicants whose priority date is earlier than the final action date listed". The Date for Filing is earlier in the process: it tells applicants when they can start, by submitting documents to the National Visa Center abroad or, when USCIS allows it, by filing an I-485 in the United States (Visa Bulletin for October 2026).
The regulation ties I-485 filing to the bulletin:
"An alien is ineligible for the benefits of section 245 of the Act unless an immigrant visa is immediately available to him or her at the time the application is filed. If the applicant is a preference alien, the current Department of State Bureau of Consular Affairs Visa Bulletin will be consulted to determine whether an immigrant visa is immediately available." 8 CFR 245.1(g)(1)
What this means in practice: an I-485 filed under the Dates for Filing chart can be accepted and can sit pending, but it generally cannot be approved until your priority date is also earlier than the Final Action Date. Our Visa Bulletin page tracks both charts.
Why did EB-2 Rest of World move back?
The State Department gave this reason in section B of the October bulletin:
"With the availability of FY 2027 immigrant visa numbers, dates for filing and final action dates have advanced across various immigrant visa categories. However, some employment-based visa categories for “Rest of World” countries have retrogressed, and these retrogressions are necessary to keep visa issuances within FY 2027 quarterly and annual limits. This situation is being continually monitored, and any necessary adjustments will be made accordingly." Visa Bulletin for October 2026, Section B
The move was flagged in advance. Section F of the September 2026 bulletin warned that demand in EB-2 "may make it necessary to retrogress the final action date or make the category unavailable before the end of the fiscal year" (Visa Bulletin for September 2026). Retrogression means the cutoff date moves backward, so some people who were eligible for final action last month are not this month. Our guide to priority dates and retrogression explains how the queue works in more depth.
What does the EB-2 retrogression mean for NIW filers?
The NIW is part of EB-2, so it follows the EB-2 dates for your country of chargeability, which is generally your country of birth. Because the NIW does not need a labor certification, your priority date is the I-140 filing date:
"The priority date of any petition filed for a classification under section 203(b) of the Act which does not require a labor certification from the Department of Labor shall be the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with USCIS." 8 CFR 204.5(d)
For an NIW filer chargeable to Rest of World, Mexico or Philippines, October 2026 looks like this:
- Priority date before January 1, 2025: earlier than both dates. You may file an I-485 if you are otherwise eligible, and a visa number is available this month, so the case can be approved if USCIS finds everything else in order.
- Priority date from January 1, 2025 up to March 14, 2026: you may file an I-485 this month under the Dates for Filing chart, but it generally cannot be approved until the Final Action Date passes your priority date.
- Priority date on or after March 15, 2026: you cannot file an I-485 based on this petition in October. Your I-140 can still be filed, processed and approved.
China and India have separate EB-2 queues with much earlier dates, because your queue generally follows your country of birth. Our guide to country of chargeability explains why.
What this means in practice: if your I-485 is already pending and your priority date is now on or after January 1, 2025, it cannot be approved until the Final Action Date moves past your priority date. While an I-485 is pending, you may apply for work authorization under 8 CFR 274a.12(c)(9), and travel on advance parole is generally not treated as abandoning the application under 8 CFR 245.2(a)(4)(ii)(B). Our posts on the EAD while an I-485 is pending and on advance parole travel cover the details and the risks.
Does EB-1 help if EB-2 is backed up?
It can, for people who qualify. EB-1 remains current for Rest of World, Mexico and Philippines on both charts in October 2026. A priority date from an approved EB-2 petition can also be carried to a later EB-1 petition:
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify." 8 CFR 204.5(e)(1)
(eCFR, 8 CFR 204.5) The rule has exceptions, for example if approval is revoked for fraud or material error. Our guide to priority date retention covers them.
What this means in practice: EB-1A has a higher bar than the NIW, so a backlog alone is not a reason to file it. When the bar is met, some people file both. Our guide to filing two petitions walks through when that makes sense. Nobody can reliably predict next month's dates.
- Find your priority date on your I-140 receipt notice (Form I-797)
- Check your country of chargeability, which is generally your country of birth
- Compare your priority date with both EB-2 charts for that country
- If it is before the Date for Filing, ask your attorney whether to file the I-485 this month
- If your I-485 is pending, keep your EAD and advance parole valid
- Check the November bulletin and the USCIS chart page each month
Where to start
Visa Bulletin dates change every month, and this post reflects the October 2026 edition only. If you are weighing EB-1A or the NIW, start with the free evaluation: upload your resume, with no account or card, and see where you stand criterion by criterion.
If you are short on a criterion, Frank finds real opportunities such as judging panels, awards and calls for speakers, and helps you document them. Frank Starter is $49 a month with a 7-day free trial. Legal work, including I-140 and I-485 filings, is done by licensed attorneys at an independent partner firm: EB-2 NIW from $7,995 and EB-1A from $8,995, with USCIS fees separate. Green Card Guide is not a law firm, and this post is not legal advice.
Sources
All checked October 11, 2026.
- U.S. Department of State, Visa Bulletin for October 2026. EB-1 and EB-2 Final Action Dates and Dates for Filing; section B on the retrogression, quoted above.
- U.S. Department of State, Visa Bulletin for September 2026. September dates for comparison and the section F warning on EB-2.
- USCIS, Adjustment of Status Filing Charts from the Visa Bulletin (updated 10/01/2026). Which chart to use in October 2026, quoted above.
- USCIS, When to File Your Adjustment of Status Application: October 2026 (updated 09/29/2026). The Dates for Filing chart as reproduced by USCIS.
- eCFR, 8 CFR 245.1. Visa availability for adjustment of status, quoted above.
- eCFR, 8 CFR 204.5. Priority date for petitions without labor certification and priority date retention, quoted above.
- eCFR, 8 CFR 274a.12. Work authorization category (c)(9) for pending adjustment applicants.
- eCFR, 8 CFR 245.2. Travel on advance parole while an I-485 is pending.
Frequently asked questions
Did EB-2 retrogress in the October 2026 Visa Bulletin?
Yes. The EB-2 Final Action Date for Rest of World, Mexico and Philippines moved from current in September 2026 to January 1, 2025. The State Department said the retrogression was necessary to keep visa issuances within fiscal year 2027 quarterly and annual limits.
Which chart does USCIS accept for employment-based I-485 filings in October 2026?
The Dates for Filing chart. USCIS says all employment-based applicants must use it in October 2026. For EB-2 Rest of World, that date is March 15, 2026, and EB-1 Rest of World is current.
What is the difference between the Final Action Date and the Date for Filing?
The Final Action Date is when a visa number can be issued, so it governs when a green card can be approved. The Date for Filing is usually earlier and, when USCIS allows it, governs when you can file an I-485. A pending I-485 generally cannot be approved until your priority date is earlier than the Final Action Date.
I filed an NIW in 2025. Can I file my I-485 in October 2026?
If you are chargeable to Rest of World, Mexico or Philippines and your priority date is before March 15, 2026, you may file in October 2026 if otherwise eligible. If your priority date is on or after January 1, 2025, the I-485 generally cannot be approved until the Final Action Date moves past it.
Is EB-1 current in October 2026?
Yes for Rest of World, Mexico and Philippines, on both charts. EB-1 China has a Final Action Date of July 1, 2023, and EB-1 India has February 1, 2023. Both have a Date for Filing of July 1, 2024.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
