The August 2026 Visa Bulletin Is Out. DOS Just Warned That EB-1 India May Go Unavailable Before October.

What the August 2026 bulletin shows

The Department of State released the August 2026 Visa Bulletin on July 20, 2026 — one day earlier than the usual mid-month schedule. The bulletin covers visa availability for the month of August 2026 and runs through September 30, 2026, the last day of the federal fiscal year.

For employment-based categories under the Final Action Dates (Chart A), the numbers look like this: EB-1 India stayed at October 15, 2022, the same date it has held since June. EB-1 China moved forward one month to July 1, 2023, up from June 1, 2023. EB-1 for all other countries remains Current, meaning no backlog.

EB-2 India is Unavailable — the same status it has held since the May 22, 2026 cutoff date was assigned. EB-2 China sits at September 1, 2021, unchanged from July. EB-2 for all other countries is Current.

EB-3 India held at January 1, 2014. EB-3 China advanced to January 1, 2022, up from December 22, 2021 — a small but meaningful move. EB-3 for all other countries advanced one month to September 1, 2024.

No Dates for Filing (Chart B) are active. USCIS has declined to use Chart B for the fourth straight month, meaning the Final Action Dates in Chart A are the only cutoff dates that govern I-485 filings.

The EB-1 India warning is explicit this time

Every visa bulletin for the past several months has included cautious language about EB-1 India. The August bulletin escalates that language significantly. The Department of State has stated in the bulletin notes that the EB-1 India category 'may become Unavailable in the coming weeks' if demand continues at its current pace.

This is not a prediction buried in fine print. When DOS uses the word 'unavailable' in an active forecast, it means the agency has looked at the number of approved petitions waiting and the number of visas left in the fiscal year, and the math is tight enough that they are warning applicants directly.

In prior months, DOS warned that EB-1 India could retrogress — meaning the cutoff date could move backward. A retrogression would be bad. Unavailability is worse. If the category goes unavailable, DOS cannot issue any more EB-1 India visas in fiscal year 2026 at all, regardless of where the cutoff date sits. An unavailable category operates like a hard stop.

The current cutoff date is October 15, 2022. That means someone whose priority date is November 1, 2022 — just two and a half weeks later — cannot file an I-485 today even if every other condition is met. If EB-1 India goes unavailable before September 30, even people with priority dates before October 15, 2022 would lose the ability to file or have their pending case adjudicated until October 1, when the new fiscal year resets the visa supply.

If EB-1 goes unavailable, there is no downgrade exit

One question that comes up every time EB-1 India tightens: can someone with an EB-1A or EB-1B petition use a PERM-based EB-2 or EB-3 priority date as a backup? For most people, the honest answer is no — at least not in a way that helps in the short term.

EB-1A (extraordinary ability) and EB-1B (outstanding researcher) do not require PERM labor certification. Many EB-1 applicants have never filed a PERM at all. Without an approved PERM and an EB-2 or EB-3 I-140, there is no secondary priority date to fall back on. And EB-2 India is already unavailable — so even someone who does have a PERM-based priority date earlier than May 22, 2026 cannot file under EB-2 right now.

EB-1C (multinational manager) petitions are employer-sponsored and similarly do not carry a transferable PERM date.

The cleaner framing is this: EB-1 India applicants who are already in a concurrent filing window — meaning they filed I-485 while their date was current — have a protected position. USCIS can continue to adjudicate their pending cases even through an unavailability period, as long as a visa becomes available at the time of final adjudication. People who have not yet filed I-485 would have no avenue until October 1 at the earliest, assuming the category resets at the start of FY 2027.

EB-2 India: ten weeks until the fiscal year ends

EB-2 India has been unavailable since the May 2026 bulletin assigned a cutoff of May 22, 2026, which was the first time the category went unavailable mid-year in recent memory. It remained unavailable in June and July, and it is unavailable in August.

The fiscal year ends September 30, 2026. That is approximately ten weeks from the publication of the August bulletin. For someone with an EB-2 India case — whether a pending I-485 or a waiting I-140 — the practical question is what happens on October 1.

October 1 resets visa supply. It does not automatically make EB-2 India current again. The October 2026 bulletin, which governs the first month of FY 2027, will determine whether DOS assigns a cutoff date for EB-2 India and where it lands. That bulletin will be published in mid-September.

If you have a pending I-485 under EB-2 India, EAD and Advance Parole renewals are the most time-sensitive action right now. An I-485 that has been pending for more than 180 days is protected by portability rules under AC21, but the EAD and AP documents that allow you to work and travel expire on fixed dates regardless of the visa bulletin. File renewals early — USCIS recommends 180 days before expiration.

People waiting to file I-485 under EB-2 India cannot file until a cutoff date is published and their priority date falls before it. The earliest that could happen is October 1, 2026, if the October 2026 bulletin opens a window.

China: EB-2 is on thin ice, EB-3 keeps moving

China-born applicants are watching two separate tracks. EB-3 China advanced cleanly: the Final Action Date moved from December 22, 2021 to January 1, 2022 in August, a small forward step that follows the steady movement the category has shown over the past year.

EB-2 China is less reassuring. The cutoff stayed at September 1, 2021 in August, unchanged from July. More importantly, the bulletin notes include a retrogression warning for EB-2 China — language that parallels the EB-1 India warning in tone. DOS is signaling that the category could move backward if demand exceeds the remaining FY 2026 supply.

China EB-1 moved forward, which is a positive signal. July 1, 2023 is a date that covers a meaningfully larger population of EB-1 applicants than June 2023 did. But EB-2 China's stagnation combined with the retrogression warning means China-born workers should not assume the September 1, 2021 date is a floor — it could drop in September if visa demand spikes.

Chart B is absent for the fourth straight month

USCIS has not authorized the use of Dates for Filing (Chart B) since April 2026. The August 2026 bulletin continues that pattern. Chart B dates would allow applicants to file I-485 before their Final Action Date is reached, locking in the filing date as their place in line for ancillary benefits like EAD and Advance Parole.

The reason USCIS declines to activate Chart B in a given month is almost always the same: the agency projects that visa demand will equal or exceed supply under Chart A alone. Activating Chart B on top of Chart A would flood the system with I-485 applications that cannot all be approved before the fiscal year ends, creating a backlog and wasting agency resources on cases that will sit idle.

Four consecutive months without Chart B is notable. It confirms that USCIS is managing supply carefully in the final quarter of FY 2026, and it reinforces the message in the EB-1 India and EB-2 China warning language: there are not a lot of visas left for FY 2026, and the agency is rationing what remains.

If Chart B returns in September — which is possible if demand softens — it would provide one final window for applicants whose dates are not yet current under Chart A. Watch the September 2026 bulletin, which DOS typically publishes in the second week of August.

If your I-485 is already pending

A pending I-485 does not require your visa category to remain current throughout the adjudication process. USCIS can continue processing your case even when the bulletin date retracts or the category goes unavailable. What matters is that a visa was available when you filed, and that a visa is available at the time of final approval.

What is time-sensitive for pending I-485 applicants is the status of EAD and Advance Parole documents. If your EAD is expiring in the next six months, file the renewal now. USCIS processing times for EAD renewals vary, and a gap in work authorization can disrupt employment — which in turn complicates your immigration record. The same applies to Advance Parole: do not travel internationally on a pending I-485 without a valid AP document.

If you are in H-1B status and your employer is willing to maintain it, keeping H-1B status active alongside the pending I-485 gives you an additional safety net. It means that if the I-485 is denied or withdrawn, you still have a legal nonimmigrant status and can remain in the United States while you figure out next steps.

Applicants in H-4 EAD status who derive their work authorization from a spouse's H-1B should also confirm that the H-1B holder's status is current and that the H-4 EAD is not close to expiration. H-4 EAD is independently renewable and does not depend on the visa bulletin.

The actions that matter before September 30

September 30 is the last day of fiscal year 2026. Visas that are not used by that date are gone — they do not roll over into FY 2027. Here is what each group of applicants should be focused on between now and then.

If you are EB-1 India with a priority date before October 15, 2022 and you have not filed I-485 yet: you are in a narrow window. The August bulletin's warning makes it plausible that EB-1 India goes unavailable before October. If you have an approved I-140, speak with your immigration attorney about whether you can file now and what documents you need.

If you are EB-1 India with a pending I-485: your case can continue to move forward even through an unavailability period. Priority right now is EAD and AP renewals. Make sure your documents are current.

If you are EB-2 India: the category has been unavailable since May. The most you can do is ensure your existing case records are in order and track the September 2026 bulletin for any update. October 1 is the soonest a new window can open.

If you are EB-2 China with a priority date before September 1, 2021: you are inside the current cutoff date, but the retrogression warning means that cutoff could shrink. If there is anything outstanding on your I-485 — a biometrics appointment you missed, an RFE you have not responded to — address it immediately.

If you are EB-3 India with a priority date before January 1, 2014: the date is holding but has not advanced in months. Keep your documentation current and watch for any movement in September.

If you are EB-3 China with a date between December 22, 2021 and January 1, 2022: you crossed into the cutoff range in August. This is new territory — confirm your eligibility and consult your attorney.

This article is informational only and does not constitute legal advice. Immigration situations are fact-specific. Consult a licensed immigration attorney before taking any action based on a visa bulletin update.