This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and individual circumstances vary. Always consult a qualified immigration attorney before making decisions about your case.
Last month EB-2 India went dark. This month the State Department pointed at EB-1 India and said the same thing could happen "in the coming weeks".
That's the August 2026 visa bulletin in one sentence. EB-2 India stayed unavailable, EB-1 India held flat at October 15, 2022 with a fresh warning attached, and a handful of other categories crept forward.
Then there's F2A, which did something nobody expected: it jumped roughly 18 months in a single month.
Here's what actually changed and what it means for the 72 days left in fiscal year 2026.
The Movements
Notice how small the employment-based moves are. One month for EB-1 China, one month for EB-3 worldwide, ten days for EB-3 China. Nothing at all for the three India employment categories, and EB-5 India unreserved stayed unavailable alongside EB-2 India.
That's what the end of a fiscal year looks like. The numbers are nearly spent, so DOS is inching rather than jumping.
The EB-1 India Warning Is the Real Story
Section E of the August bulletin says high demand from Indian applicants in EB-1 "may necessitate making the category unavailable in the coming weeks if India's pro-rated limit in the EB-1 category is reached before the fiscal year ends".
Should you take that seriously? Look at the track record.
June's bulletin issued the same warning about EB-2 India. July's bulletin made EB-2 India unavailable. DOS is not in the habit of writing these warnings for fun.
Here's why this one lands harder than last month's. EB-1 India has been the pressure-release valve for backlogged Indian applicants all year. When EB-2 India went dark in July, the standard advice was to look at EB-1A and the faster self-petition lanes. If EB-1 India goes unavailable in September, both of India's major employment-based lanes are closed simultaneously for the first time.
An unavailable category does not stop you from filing an I-140. EB-1A and EB-1B petitions can still be filed and approved while the category is dark. What stops is the final step: immigrant visa issuance and I-485 approval. If you're building an EB-1A case, a dark category is not a reason to pause the petition work.
What "Unavailable" Does and Doesn't Touch
We covered this in detail when EB-2 India went dark in July, and the mechanics are identical for any category. The short version, because it bears repeating:
Your pending I-485 stays pending. Nobody denies it or closes it. It waits in priority date order until numbers return.
Your EAD and Advance Parole keep working. They attach to the pending I-485, not to visa number availability. Renewals filed before expiration still get the 540-day auto-extension.
AC21 portability keeps running. The 180-day clock doesn't pause.
H-1B extensions past year six keep working. Your approved I-140 still supports them.
A dark category pauses the finish line. It doesn't touch your ability to work, travel, or change jobs.
F2A Just Jumped 18 Months
This is the biggest single move in the bulletin and it has nothing to do with employment.
F2A covers spouses and minor children of green card holders. The Final Action Date went from January 1, 2025 to July 22, 2026 for every country except Mexico, which moved from January 1, 2024 to July 22, 2025.
A Final Action Date of July 22, 2026 is essentially current. If you filed an I-130 for your spouse any time before late July 2026, your priority date is reached.
But read the fine print, because DOS split the category in two.
F2A numbers that are exempt from the per-country limit go to applicants from all countries with priority dates earlier than July 22, 2025. F2A numbers subject to the per-country limit go to applicants from every country except Mexico, with priority dates from July 22, 2025 up to July 22, 2026. All F2A numbers for Mexico are exempt from the per-country limit.
In plain terms: if you're chargeable to Mexico, your effective F2A date is July 22, 2025, not 2026. Everyone else gets the later date.
F2A Dates for Filing stayed Current across the board, as it has all year.
Why Is Everything Advancing While India Sits Still?
Section D of the bulletin explains it, and the explanation is unusually direct.
Immigrant visa issuance rates have dropped for nationals of certain countries because of Presidential Proclamations 10949 and 10998 and related processing changes. Visas that would have gone to those applicants are going unused.
So DOS advanced dates across other categories to make sure the FY 2026 numbers actually get used before September 30. That's why EB-3 worldwide, EB-1 China, and F2A all moved while India's categories froze. India's buckets are empty. The spare capacity flows elsewhere.
Section D also carries a warning that applies to everyone: as demand materializes or these actions get amended, "retrogression may be necessary in the upcoming months", and categories may go unavailable before the fiscal year ends.
72
Days left in FY 2026 as of this post
Source: Fiscal year 2026 ends September 30, 2026. New FY 2027 numbers become available October 1
About That October Restore Number
Here's something worth flagging if you've been planning around July's bulletin.
The July bulletin included rare forward guidance: Section F said EB-2 India would likely reopen in October at or past July 15, 2014, the May 2026 level. A lot of planning got anchored to that date.
The August bulletin does not repeat it.
Section F is still there, but it's now a general statement that EB-2 demand "may make it necessary to retrogress the final action date or make the category unavailable in the coming months" for the category broadly. The specific promise about EB-2 India's October floor is gone.
That doesn't mean DOS reversed it. Forward guidance often appears once and isn't restated. But if you were treating July 15, 2014 as a commitment, downgrade it to a one-time estimate that hasn't been reaffirmed. The October bulletin, published in mid-September, is the first real data point.
Which Chart Applies in August?
USCIS decides separately each month whether employment-based I-485 filings use the Final Action Dates chart or the Dates for Filing chart. That determination gets posted at uscis.gov/visabulletininfo, usually within a few days of the bulletin.
USCIS has used the Final Action Dates chart in recent months. If that holds for August, EB-2 India's Dates for Filing entry of January 15, 2015 stays decorative: with Chart A showing "U", there's no new EB-2 India I-485 filing.
Check the USCIS page before assuming either way. If you're new to the two-chart system, here's which date actually matters.
Quick Reference: August 2026 vs July 2026
| Category | Country | July 2026 | August 2026 | Change |
|---|---|---|---|---|
| EB-1 | India | 15 Oct 2022 | 15 Oct 2022 | No change |
| EB-1 | China | 01 Jun 2023 | 01 Jul 2023 | +1 mo |
| EB-2 | India | Unavailable | Unavailable | Still dark |
| EB-2 | China | 01 Sep 2021 | 01 Sep 2021 | No change |
| EB-3 | India | 01 Jan 2014 | 01 Jan 2014 | No change |
| EB-3 | China | 22 Dec 2021 | 01 Jan 2022 | +10 days |
| EB-3 | All Other | 01 Aug 2024 | 01 Sep 2024 | +1 mo |
| EB-3 | Philippines | 01 Aug 2023 | 01 Aug 2023 | No change |
| F2A | All except Mexico | 01 Jan 2025 | 22 Jul 2026 | +18 mo |
| F2A | Mexico | 01 Jan 2024 | 22 Jul 2025 | +18 mo |
On the Dates for Filing side, only EB-3 China moved, from January 1, 2022 to January 8, 2022. EB-1 and EB-2 worldwide stay Current for filing, and F2A stays Current for every country.
What To Do This Week
If you're India-born with a pending EB-1 I-485: Your case is unaffected today. But treat Section E as a live warning and make sure your EAD and Advance Parole renewals are filed if they come due in the next six months. That's the piece you control.
If you're India-born and about to file an EB-1 I-485: If your priority date is before October 15, 2022 and the category is open, file now rather than in September. Once a category goes unavailable, new I-485 filings stop.
If your EB-2 India priority date is before January 1, 2014: EB-3 India still has a live date while EB-2 India has none. The downgrade math hasn't changed since July, and it's still worth a conversation with your attorney.
If you're a green card holder with a spouse abroad or in the US: F2A is effectively current. If you've been waiting on an I-130 priority date, check it now. This window may not last.
If you're weighing pathways generally: Two months of India unavailability, plus a warning aimed at a third category, is the clearest argument yet for having a second lane that doesn't depend on one category staying open.
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Bottom Line
August was a quiet bulletin with a loud warning buried in Section E. EB-2 India stayed dark for a second month, EB-1 India held at October 15, 2022 with unavailability flagged as a real possibility before September 30, and the rest of the employment categories advanced by a month or less.
The number to watch is October 15, 2022. If your EB-1 India priority date is earlier than that and the category is still open, the window to act is measured in weeks, not months.
The other number is July 22, 2026. F2A is effectively current for the first time in years, which is genuinely good news if you're a green card holder with a spouse waiting.
Want to see how a second dark category changes your overall picture? The comparison tool runs every employment-based and family-based pathway against the August 2026 dates for your country of birth and visa status, including the self-petition routes that keep moving when a category closes.
See all your green card options in 5 minutes
Answer 5 quick questions and get a personalized comparison of every pathway you qualify for - timelines, costs, and risks side by side.
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