What does it mean when a visa category that was current one month has a cutoff the next? That is the question facing EB-2 applicants in October 2026. For the first time since worldwide EB-2 became current in April 2026, the category has a Final Action Date. The October 2026 Visa Bulletin opens fiscal year 2027 with a January 1, 2025 cutoff for EB-2 applicants chargeable to all countries other than China and India. Mexico and the Philippines share that date.
For second-preference applicants, including those seeking a national interest waiver (NIW), the change narrows who can receive final approval this month.
What Changed for EB-2 in October
In September, worldwide EB-2 was current on both charts, and USCIS required the Final Action Dates chart. Otherwise eligible applicants outside China and India could file Form I-485 with no priority-date cutoff.
October changes both parts of that picture. The worldwide EB-2 Final Action Date is now January 1, 2025, while the Dates for Filing cutoff is March 15, 2026. USCIS has directed all employment-based applicants to use the Dates for Filing chart for October adjustment filings.
| EB-2 chargeability | September Final Action | October Dates for Filing | October Final Action |
|---|---|---|---|
| Worldwide, Mexico, Philippines | Current | March 15, 2026 | January 1, 2025 |
| China (mainland born) | September 1, 2021 | January 1, 2023 | October 1, 2021 |
| India | Unavailable | January 15, 2015 | November 1, 2013 |
Two Charts, Two Different Questions
The two charts answer different questions, and the gap between them is where the confusion lives. The Final Action Date indicates whether a visa number is available for final action. A number can be authorized only for an applicant whose priority date is earlier than the listed date.
The Dates for Filing chart indicates when an applicant may begin the final stage. For applicants inside the United States, it applies only in months when USCIS designates it, which USCIS did for October. One chart determines whether an application may be filed; the other determines whether final action may occur.
Three Positions Under the Same Bulletin
For worldwide EB-2 in October, the two cutoffs place applicants into three groups.
| Priority date | File I-485 in October? | Approved in October? |
|---|---|---|
| Earlier than January 1, 2025 | Yes, if otherwise eligible | Yes, if otherwise eligible; a visa number is available. |
| January 1, 2025 through March 14, 2026 | Yes, if otherwise eligible | Not yet. |
| March 15, 2026 or later | No | No |
The middle group may file an adjustment application before a visa number is available for final action. A person with a pending I-485 may separately request employment authorization and advance parole, each on its own timeline. The adjustment application may remain pending until a visa number is available, subject to USCIS’s continuing adjudication of all other requirements.
Filing still carries upfront requirements. Fees and supporting documents apply. Where a Form I-693 medical record is required, USCIS requires it to be filed with Form I-485 and may reject an application filed without it. The Bulletin does not predict when a Final Action Date will become later than a given priority date, so a case filed now may remain pending for an extended period.
What Happens to Applications Filed in September
Retrogression can affect cases already on file. Someone who filed an EB-2 adjustment application in September, when the category was current, may hold a priority date on or after January 1, 2025. In October, USCIS cannot approve that case on visa-availability grounds unless the priority date is earlier than the applicable Final Action Date.
The application generally remains pending. Retrogression affects the timing of final action. It does not, on its own, revoke the underlying petition, invalidate a properly filed adjustment application, or reset a priority date.
The National Interest Waiver Context
NIW petitions sit under the same EB-2 cutoffs as any other second-preference case. The waiver removes the job-offer and labor-certification requirements. It does not create a separate line for visa numbers.
Because an NIW does not require labor certification, a newly filed NIW ordinarily receives the date USCIS receives the properly filed Form I-140. An eligible beneficiary may, however, be able to retain an earlier priority date from a previously approved petition.
Without that retention, a newly filed worldwide NIW in October 2026 receives an October 2026 priority date. That is later than the March 15, 2026 filing cutoff, so a new concurrent I-485 filing generally is not available in October for that petition. When EB-2 was current in September, concurrent filing could be available to otherwise eligible applicants regardless of a newly established priority date.
The Bulletin does not decide the merits of an I-140. An EB-2 petition, including an NIW, can still be filed and adjudicated. The Bulletin governs visa availability and, when USCIS designates it, filing eligibility.
Why Did Worldwide EB-2 Retrogress?
The Department of State says some employment-based “Rest of World” categories retrogressed to keep issuance within fiscal year 2027 quarterly and annual limits, and that it will keep monitoring demand.
The September Bulletin gave context. It noted that issuance to nationals of certain countries had decreased following administration actions, which allowed dates to advance, while warning that added demand could require retrogression. The October Bulletin does not say how long the new dates will remain in place.
The Bottom Line
For worldwide EB-2 applicants, October changes timing. Retrogression affects when final action can occur. It does not by itself revoke an approved petition, reset a priority date, or remove a pending adjustment application from the queue.
Visa numbers are available for final action to worldwide EB-2 applicants with priority dates earlier than January 1, 2025. Those with priority dates earlier than March 15, 2026 may file in October if otherwise eligible. EB-2 petitions, including NIW petitions, can still be filed and adjudicated regardless of the cutoffs.
The Visa Bulletin is a monthly report, not a permanent ruling. October’s dates describe the category at the start of fiscal year 2027. Where an individual case stands depends on the priority date, country of chargeability, immigration path, and the chart USCIS designates for the month.
Have Questions About Your Timing?
If you are weighing whether to file, wait, or prepare, our team can help you assess your specific position under this month’s Bulletin.
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Visa availability shifts from month to month, and dates can change before the next Bulletin. For ongoing updates on the Visa Bulletin and other developments, visit our latest news section.
This article reflects the October 2026 Visa Bulletin and is provided for general informational purposes only. It does not constitute legal advice or create an attorney-client relationship. Visa availability depends on individual facts and government guidance at the time of adjudication.