If you have an employment-based green card case in process, October's Visa Bulletin cuts two ways. USCIS announced that family-sponsored and employment-based applicants can use the more favorable Dates for Filing chart to submit a green card application (Form I-485) this month, the first time that chart has applied since April 2026. At the same time, the Final Action Dates chart, the one that actually governs when a case can be approved, moved backward for EB-2 and EB-3 Worldwide (all countries other than China, India, Mexico, and the Philippines) as the government's new fiscal year began.
Each month, USCIS decides separately for family-sponsored and employment-based categories whether applicants already in the United States can file their adjustment of status application using the Dates for Filing chart or must wait for the stricter Final Action Dates chart.
For October, USCIS is using the Dates for Filing chart for both family-sponsored and employment-based categories, which lets applicants with earlier priority dates get their paperwork in sooner than Final Action Dates would otherwise allow. That filing authorization is reassessed every month; USCIS has not said it will carry into November.
October is the first month of federal fiscal year 2027, which reset the annual pool of employment-based visa numbers. That reset is also why some categories moved backward even as the filing chart opened up.
Final Action Dates (governs actual approval):
Dates for Filing (governs when an I-485 can be submitted this month):
USCIS is accepting family-sponsored adjustment of status filings under the Dates for Filing chart in October as well. Movement varies significantly by category and country this month, so clients with a pending family-based case should check their own priority date rather than assume October's filing window applies evenly across every category and country.
1. Check your priority date against both October charts for your category and country of birth, not just the one that applied last month
2. If you are newly eligible to file under the Dates for Filing chart, talk to your attorney promptly, since this authorization is reassessed monthly and is not guaranteed to continue into November
3. If your category retrogressed this month, your case is not lost, it is waiting on visa number availability, which can move again in a future bulletin
4. If your case is still at the PERM labor certification stage, this bulletin does not affect you yet. If your I-140 petition is still pending or was recently approved, you may be able to file the I-485 concurrently with the I-140 once your priority date is current under the chart USCIS is using for filing, so confirm timing with your attorney rather than assuming you have to wait for I-140 approval first
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, D.C., and Kentucky. If you want to know exactly where your case stands under October's bulletin, or whether you are now eligible to file, contact our office today.
What's the difference between the Dates for Filing chart and the Final Action Dates chart?
Dates for Filing controls when you can submit your green card application; Final Action Dates controls when USCIS can actually approve it and issue the green card.
Why did my EB-2 or EB-3 case retrogress if the filing chart opened up?
October starts a new federal fiscal year with a fresh, limited pool of visa numbers. The State Department sets the Final Action Dates chart each month based on expected demand against that pool, independent of which chart USCIS designates for filing, so a category can retrogress on Final Action Dates in the same month its filing chart becomes more generous.
Does October's filing authorization mean I can file next month too?
Not automatically. USCIS reassesses which chart applies for filing every month, separately for family-sponsored and employment-based cases.
*This article reflects the Visa Bulletin as published for October 2026. Visa availability changes monthly; confirm current category status before making decisions based on this information.*
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