EB2 Green Card: September 2026 Visa Bulletin, Eligibility and Latest Immigration Update

The eb2 green card category remains an important employment-based immigration pathway in September 2026, but visa availability differs significantly by country of chargeability. The latest Visa Bulletin shows EB-2 as current for most countries, while China faces a cutoff date and India has no available EB-2 final-action numbers for the remainder of fiscal year 2026.

The current situation is particularly important for applicants who have been waiting for their priority dates to become eligible. The U.S. government has reached the fiscal year 2026 EB-2 limit for India, while applicants from many other countries continue to have substantially better visa availability.

September is also the final month of fiscal year 2026. A new fiscal year begins on October 1, 2026, bringing a new allocation of employment-based immigrant visa numbers.

September 2026 EB-2 Visa Bulletin

The September 2026 Visa Bulletin sets different dates depending on an applicant’s country of chargeability.

For EB-2 final action, the current status is:

Country or Chargeability AreaEB-2 Final Action Date
All Chargeability Areas Except Those ListedCurrent
China-mainland bornSeptember 1, 2021
IndiaUnavailable
MexicoCurrent
PhilippinesCurrent

A category marked “Current” means immigrant visa numbers are available to qualified applicants without a priority-date cutoff.

China remains subject to a September 1, 2021 final action date. India is listed as unavailable for EB-2 final action during September.

The Dates for Filing chart is different. For September 2026, the EB-2 filing dates are current for most countries, January 1, 2022, for China, and January 15, 2015, for India.

Applicants in the United States should also verify whether U.S. Citizenship and Immigration Services permits the Dates for Filing chart to be used for adjustment-of-status applications during the applicable month.

Why EB-2 India Is Unavailable

India has one of the largest groups of employment-based immigration applicants, and demand has placed significant pressure on the available visa numbers.

The Department of State announced in May 2026 that the annual EB-2 visa allocation available to India had been reached for fiscal year 2026.

As a result, the September Visa Bulletin lists India as “U” for EB-2 final action. The designation means immigrant visa numbers are not authorized for issuance in that category during the remainder of the fiscal year.

This does not mean that Indian applicants permanently lose their place in the immigration system.

The fiscal year ends September 30. New employment-based visa numbers become available with the start of fiscal year 2027 on October 1.

The October Visa Bulletin will therefore be especially important for Indian EB-2 applicants.

However, applicants should not assume that every Indian case will immediately become eligible for final action when the new fiscal year begins. The applicable priority date and the new Visa Bulletin will determine eligibility.

China EB-2 Applicants Face a Different Situation

China remains backlogged in the EB-2 category, but it is not currently listed as unavailable.

For September 2026, the China-mainland-born EB-2 final action date is September 1, 2021.

Applicants with priority dates earlier than the applicable cutoff can potentially move toward final approval, assuming they satisfy all other immigration requirements.

The Dates for Filing cutoff for China is January 1, 2022.

This distinction matters because the two Visa Bulletin charts serve different purposes.

The Final Action Dates chart determines when an immigrant visa number can be issued or when final action can generally take place.

The Dates for Filing chart indicates when eligible applicants may begin submitting documentation in the immigrant visa process. For adjustment of status, USCIS determines which chart applicants must use for that month.

EB-2 Eligibility Requirements

The EB-2 category covers certain professionals with advanced degrees and individuals who demonstrate exceptional ability in the sciences, arts or business.

There are two major eligibility routes.

The first is the advanced-degree professional category.

A qualifying applicant generally must hold a U.S. advanced degree or a foreign equivalent degree. A bachelor’s degree combined with at least five years of progressive post-baccalaureate experience in the specialty can also satisfy the advanced-degree requirement.

The second route applies to people with exceptional ability.

Exceptional ability means a level of expertise significantly above that ordinarily encountered in the field. Applicants must provide evidence supporting their qualifications and must satisfy the applicable regulatory requirements.

Eligibility for the classification is only the first step. Applicants must also complete the immigrant petition and green card process applicable to their case.

EB-2 National Interest Waiver

The National Interest Waiver, commonly called an NIW, is another important part of the EB-2 system.

An NIW allows certain qualified applicants to seek a waiver of the normal job-offer and labor-certification requirements.

A person seeking an NIW must first qualify for EB-2 as either an advanced-degree professional or a person of exceptional ability.

The applicant then must satisfy the requirements for a national-interest waiver.

The current framework requires an applicant to establish three main points:

  • The proposed endeavor has substantial merit and national importance.
  • The applicant is well positioned to advance the proposed endeavor.
  • On balance, waiving the job-offer and labor-certification requirements benefits the United States.

A successful NIW petition can be self-petitioned. That makes the route different from many traditional employer-sponsored employment cases.

However, an NIW approval does not automatically result in permanent residence. Visa availability still matters, particularly for applicants from countries with significant EB-2 backlogs.

Employer-Sponsored EB-2 Cases

Many EB-2 cases involve a U.S. employer.

In a traditional employer-sponsored case, the employer generally begins the permanent labor-certification process through the U.S. Department of Labor when required.

The labor-certification process is intended to establish that hiring the foreign worker will meet the requirements of the employment-based immigration system.

After the required labor certification is approved, the employer can generally proceed with Form I-140, Immigrant Petition for Alien Workers.

An approved I-140 establishes the immigrant petition but does not by itself grant a green card.

The applicant still needs an available immigrant visa number and must complete the remaining immigration process.

Understanding the Priority Date

The priority date plays a central role in determining when an applicant can move forward.

For an employment-based case requiring labor certification, the priority date is generally established when the Department of Labor receives the labor-certification application.

For employment-based cases that do not require labor certification, the priority date generally comes from the date USCIS properly receives the Form I-140 petition.

Applicants use the priority date to determine their position in the Visa Bulletin system.

For example, a China EB-2 applicant with a priority date earlier than September 1, 2021, may meet the September final-action cutoff, assuming all other requirements are satisfied.

An Indian applicant faces a different situation because the September 2026 final-action category is unavailable.

The Dates for Filing chart can still be relevant to certain Indian applicants. Its September 2026 EB-2 date is January 15, 2015, but applicants seeking adjustment of status must follow USCIS instructions about which chart applies.

Form I-140 and the Green Card Application

Form I-140 is an important part of the EB-2 immigration process.

An employer can generally file the petition for an employer-sponsored EB-2 worker. An eligible NIW applicant can file a petition independently.

Once USCIS approves the I-140, the applicant still needs to reach the stage where an immigrant visa number is available.

Applicants already in the United States may use Form I-485 to seek adjustment of status when eligible.

Applicants processing from outside the United States generally complete immigrant visa processing through the Department of State and the National Visa Center.

The process can therefore involve several stages:

  1. Establishing EB-2 eligibility.
  2. Obtaining an approved labor certification when required.
  3. Filing Form I-140.
  4. Establishing the priority date.
  5. Waiting for visa availability when a backlog applies.
  6. Filing for adjustment of status or completing consular processing.
  7. Completing required background checks and other immigration requirements.
  8. Receiving final approval and permanent resident status.

The exact process depends on the applicant’s circumstances and immigration category.

Premium Processing for EB-2

Premium processing can provide faster USCIS action on eligible Form I-140 petitions.

For EB-2 cases that are not National Interest Waiver petitions, USCIS currently lists a 15-business-day premium-processing timeframe.

For EB-2 NIW petitions, USCIS lists a 45-business-day timeframe after the required prerequisites are met.

Premium processing does not guarantee approval.

It also does not eliminate an EB-2 Visa Bulletin backlog.

This distinction is particularly important for applicants from India and China. Faster action on an I-140 does not create a visa number when the applicant’s priority date is not eligible for final action.

Premium processing is therefore primarily a way to speed up USCIS adjudication of an eligible petition, rather than a method for shortening the Visa Bulletin wait.

Employment-Based Green Card Processing

After an applicant reaches the adjustment-of-status stage, Form I-485 processing can still take additional time.

USCIS historical processing data through fiscal year 2026 show a national median processing time of about 5.8 months for employment-based adjustment applications during the reported period.

Actual processing times vary between cases and can change as workloads and agency operations change.

Some applications require additional evidence, interviews or other processing steps.

Applicants should therefore avoid treating a median processing time as a guaranteed completion period.

What September 2026 Means for Applicants

The current EB-2 situation can be divided into three broad groups.

Applicants from most countries have the strongest position because EB-2 is current for final action.

China-born applicants continue to face a backlog, with a September 1, 2021 final-action cutoff.

India-born applicants face the most immediate restriction because EB-2 final action is unavailable for September after the fiscal year 2026 allocation was reached.

The difference demonstrates why country of chargeability is a critical part of employment-based immigration.

Two applicants with similar qualifications can face very different waiting periods based solely on the applicable Visa Bulletin category.

October 2026 Will Be Important

The beginning of fiscal year 2027 on October 1 will bring a new supply of employment-based immigrant visa numbers.

Indian EB-2 applicants are watching this transition closely because the FY 2026 allocation has already been exhausted.

The October Visa Bulletin will establish the new cutoff dates and availability rules for the beginning of the new fiscal year.

The new allocation does not guarantee that all waiting applicants will immediately become eligible for final approval.

Visa demand can remain high, and cutoff dates can move forward, remain unchanged or move backward depending on demand and annual limits.

Applicants should therefore rely on each newly published Visa Bulletin rather than assuming that a previous month’s date will continue.

EB-2 Green Card Key Facts

ItemSeptember 2026 Status
EB-2 classificationSecond employment-based preference
Worldwide employment-based limit186,317
Most countriesCurrent for EB-2 final action
China final actionSeptember 1, 2021
China filing dateJanuary 1, 2022
India final actionUnavailable
India filing dateJanuary 15, 2015
Mexico final actionCurrent
Philippines final actionCurrent
New fiscal yearOctober 1, 2026
Standard EB-2 I-140 premium processing15 business days
EB-2 NIW premium processing45 business days

The September 2026 data show that the EB-2 system remains highly dependent on visa availability and country-specific demand. Eligibility alone does not determine when a person can receive permanent residence.

For applicants, the most important factors remain the underlying EB-2 qualification, priority date, petition status and the current Visa Bulletin. Those factors determine whether a case can move to the next stage.

With fiscal year 2027 approaching, October will provide the next major update for applicants waiting for changes in EB-2 availability, particularly those chargeable to India and China.

Stay informed about the latest EB-2 developments and share your questions or experiences in the comments.

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