If you or your employer have an employment-based green card case pending, the next two weeks matter more than usual. Two categories have already closed for the year: EB-2 India and EB-5 unreserved India have been listed as "Unavailable" since early summer, after each hit its annual limit under the fiscal year 2026 allocation. The State Department's September 2026 Visa Bulletin held Final Action Dates steady everywhere else, but warned that EB-1 India may become unavailable in the coming weeks due to high demand, and that EB-2 and EB-5 unreserved numbers for all other countries of chargeability may retrogress or close before the government's fiscal year ends on September 30, 2026.
Each fiscal year, Congress sets a fixed number of employment-based immigrant visas, split further by per-country caps. Once a category and country combination uses up its allocation, the State Department suspends new visa issuance in that category until the next fiscal year, sometimes with very little notice.
When a category becomes unavailable, it only affects cases waiting at the final stage:
If your case is still at the PERM labor certification or I-140 petition stage, this bulletin does not delay you. The September 30 cutoff only matters once your case is otherwise ready for final approval, either through I-485 adjustment of status or a consular immigrant visa interview.
If your priority date is earlier than this month's Final Action Date for your category and you are otherwise ready for final approval, USCIS can generally still act on your case before September 30. Cases in a category that becomes unavailable will need to wait for the October bulletin.
1. Check your priority date against the September Final Action Dates chart for your category and country of birth
2. If USCIS or the National Visa Center has requested final documents or scheduled an interview, respond and confirm as fast as possible; a completed, ready-to-approve case is in a better position if a category closes mid-month than one still waiting on paperwork
3. Do not assume a closed category stays closed at the same place. Annual limits reset October 1 with the new fiscal year, but the State Department has only said EB-2 India should return to at least where it stood earlier in 2026, not that it will move ahead of that point right away
4. If your case is still at the PERM or I-140 stage, this deadline does not apply to you yet, but it is still worth confirming timing with your attorney so you know what to expect once your case reaches final approval
Portner & Shure's Business Immigration team handles EB-1 and EB-2 green card cases and PERM Labor Certification matters for employers and individuals across Maryland, Virginia, and D.C. If you have a pending employment-based case and want to know exactly where it stands ahead of the September 30 cutoff, contact our office today.
*This article reflects the Visa Bulletin as published for September 2026. Visa availability changes monthly; confirm current category status before making decisions based on this information.*
Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.
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