EB-5 Investor Grandfathering Deadline: Sep 30, 2026 · -- days remaining →
EB-5 Visa News
August 25, 2026

September 2026 Visa Bulletin: No Forward Movement, EB-5 Set-Asides Remain Current for All Countries

EB5AN

Est. 5 minute read
Image with writing on it that reads September 2026, referencing the State Department visa bulletin for EB5 investors and other green card applicants.

The U.S. Department of State has released the September 2026 Visa Bulletin, with no forward movement in any employment-based immigrant visa category tracked here. For EB-5 investors, the key takeaway remains consistent: all reserved set-aside categories continue to remain current for every country.

U.S. Citizenship and Immigration Services (USCIS) has confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart in September. This means that applicants in the United States may file Form I-485 only if their priority date is earlier than the listed cutoff date for their category and country.

The Visa Bulletin remains the primary resource for tracking immigrant visa availability. It includes two main charts. The Final Action Dates chart determines when a visa may be issued or when USCIS can approve an adjustment of status application. At this stage, an applicant’s priority date must fall before the listed cutoff date. The Dates for Filing chart indicates when applicants may be eligible to submit their applications earlier, if USCIS permits its use.

Understanding Key Visa Bulletin Terms

The Final Action Dates chart controls when applicants can move forward with final adjudication or file for adjustment of status when USCIS designates its use. When a category is listed as “current,” there is no backlog, and applicants may proceed regardless of priority date.

September brings no changes to the employment-based categories tracked in this bulletin. Every Final Action Date and Dates for Filing cutoff carries over unchanged from August.

Highlights From the September 2026 Charts

The September bulletin holds every relevant category and country in place. EB-1 China remains at July 1, 2023, and EB-1 India remains at October 15, 2022. EB-2 China holds at September 1, 2021, while EB-2 India remains unavailable for the rest of the fiscal year. EB-3 China holds at January 1, 2022, and EB-3 India remains at January 1, 2014.

For EB-5 investors, the reserved set-aside categories continue to remain current for all countries.

Here’s the Final Action Dates chart:

Dates for Filing chart:

Implications for EB-5 Immigrant Investors

The September 2026 bulletin continues to reflect a stable environment for EB-5 investors. Reserved set-aside visas remain fully available worldwide.

EB-2 India and EB-5 unreserved India remain unavailable for the remainder of the fiscal year, unchanged from August. That continues to highlight the contrast with EB-5 reserved set-asides, which remain current for all countries, including India. For investors facing prolonged waits in other employment-based categories, the value of reserved set-aside visas remains clear. Filing under a reserved category continues to offer a path that avoids the delays now affecting the unreserved pool. Rural projects also continue to benefit from priority processing at USCIS under the EB-5 Reform and Integrity Act of 2022.

Because USCIS is using the Final Action Dates chart in September, adjustment of status eligibility is more limited compared to months when the Dates for Filing chart is used. Applicants must have a priority date that is current under the Final Action Dates chart to proceed with filing.

What Is Driving the Pause in the September Bulletin

The State Department attributes the lack of movement to fiscal year 2026 approaching its close on September 30. With annual and per-country limits already stretched by demand accumulated earlier in the year, the September bulletin holds cutoff dates in place rather than advancing them.

The State Department has again cautioned that EB-1 India could become unavailable in the coming weeks if its pro-rated limit is reached before the fiscal year ends. It issued the same warning for the EB-2 category generally, noting that continued demand may require retrogression or unavailability before September 30. The EB-5 unreserved category carries an identical caution: sufficient demand and increased number use could require retrogressing the final action date or making the category unavailable before the fiscal year closes.

These constraints are tied to the current fiscal year. Annual limits reset on October 1, 2026, at the start of fiscal year 2027, which is typically when oversubscribed categories begin moving forward again. Currently, EB-5 reserved set-aside categories remain the most reliable route for investors who need visa numbers to stay available.

Work With EB5AN to Pursue Permanent Residency Through EB-5

The September 2026 Visa Bulletin reflects a pause in movement across employment-based categories, with EB-5 reserved set-asides remaining current for all countries.

Investors deciding when to file should also keep the September 30, 2026 grandfathering deadline in mind. Petitions filed by that date are protected under the EB-5 Reform and Integrity Act, so USCIS must continue adjudicating them under current rules even if the Regional Center program later lapses or changes. That’s a separate deadline from the fiscal year cutoff driving this month’s bulletin, but it carries its own urgency for anyone still weighing when to start.

More than 3,000 families from over 70 countries have selected EB-5 projects sponsored by EB5AN regional centers. Our expert team has more than a decade of experience and offers clients high-quality, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

Schedule a free call with EB5AN to learn more about current EB-5 opportunities and begin your application while visa availability and processing conditions remain favorable.

Relevant similar EB-5 blogs

Schedule a Free EB-5 Consultation

Subscribe to our Mailing List

For all things EB-5 related

By entering your details, you agree to receive emails from us. You can unsubscribe anytime. See our Privacy Policy for details.