USCIS Announces Filing Guidance for August 2026 Visa Bulletin

Kaleigh Hord

The U.S. Department of State (DOS) has released the August 2026 Visa Bulletin, which outlines when immigrant visas and green cards are available for family-sponsored and employment-based applicants. Each month, the bulletin determines which applicants may move forward with the final stages of the permanent residence process based on their priority date.

For applicants adjusting status from within the U.S., U.S. Citizenship and Immigration Services (USCIS) has announced that Final Action Dates must be used to determine eligibility to file Form I-485 during August 2026. Applicants may file only if their priority date is earlier than the date listed in the applicable ‘Final Action Dates’ chart. The ‘Dates for Filing’ chart will not be used for adjustment of status applications this month.

The August bulletin reflects mixed movement across both family-sponsored and employment-based categories. The family-sponsored F2A category advanced, while several employment-based categories remained unchanged. However, the DOS also cautioned that increasing demand for employment-based visas could lead to additional restrictions before the close of the fiscal year.

In particular, the DOS warned that Employment-Based First Preference (EB-1) visas for applicants chargeable to India are experiencing exceptionally high demand. If India reaches its annual allocation before the fiscal year ends on September 30, the category could become unavailable, preventing additional approvals until new visa numbers become available in the next fiscal year.

DOS, also, issued a broader warning for the Employment-Based Second Preference (EB-2) category. Continued high demand and increased visa usage may require the government to retrogress Final Action Dates or even make the category temporarily unavailable in the coming months to remain within the annual numerical limits established by Congress. The DOS indicated that it will continue monitoring visa usage and make adjustments, if necessary.

Applicants should carefully review the August 2026 Visa Bulletin and compare their priority date with the appropriate category before filing. Because visa availability changes monthly and can change even within a month as annual limits are reached, eligibility to file or receive final approval may also change.

If you have questions about the Visa Bulletin, your priority date, or your eligibility to file for adjustment of status, give us a call at 919-833-0840 to schedule a consultation with one of our attorneys.

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