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EB-2 Retrogression October 2026: What Professionals Should Do

EB-2 Retrogression October 2026: What Professionals Should Do

The October 2026 Visa Bulletin brings the most significant change of the new fiscal year for advanced degree professionals. The EB-2 Final Action Date for Rest of World applicants, which was Current in September, retrogresses to January 1, 2025. The same cutoff applies to applicants chargeable to Mexico and the Philippines.

Why EB-2 Retrogressed

The Department of State explains that with the availability of FY 2027 immigrant visa numbers, some employment based categories for Rest of World countries have retrogressed to keep visa issuances within FY 2027 quarterly and annual limits. The Department adds that the situation is being continually monitored and adjustments will be made as necessary.

The Two Numbers That Matter

ChartEB-2 Rest of World, Mexico, Philippines
Final Action DateJanuary 1, 2025
Dates for FilingMarch 15, 2026

USCIS has confirmed that employment based applicants may use the Dates for Filing chart for adjustment of status in October 2026. An EB-2 applicant from a Rest of World country with a priority date earlier than March 15, 2026 may file Form I-485 this month, if otherwise eligible, even though the green card itself cannot be approved until the priority date is earlier than the Final Action Date.

What Retrogression Means for Pending Cases

If your I-485 is already pending and your priority date is January 1, 2025 or later, your case remains pending. USCIS cannot approve it until your priority date becomes current under the Final Action Dates chart. Your priority date is preserved, and your place in line is not lost.

Planning Steps for Employees and Employers

  • Confirm your priority date. For PERM based cases, it is generally the date the Department of Labor accepted the labor certification for processing.
  • Consider filing this month. If your priority date is before March 15, 2026 and your I-140 is filed or approved, discuss timing with counsel.
  • Review interim benefits. A pending I-485 may support applications for employment authorization and advance parole.
  • Plan H-1B extensions. Employers should review whether AC21 extensions beyond the six year limit may be available.

Visa availability can change from month to month. Decisions should be based on the official charts and a review of each applicant’s record.

A Note for Mexico and Philippines Applicants

EB-2 applicants chargeable to Mexico and the Philippines share the Rest of World cutoffs this month on both charts. Applicants from India and mainland China are subject to their own EB-2 cutoffs, which moved forward rather than back in October. Because chargeability generally follows country of birth, confirming the correct column is the first step for any family or employer reviewing a case. Where a spouse was born in a different country, cross chargeability may be worth reviewing with counsel.

Frequently Asked Questions

What is the EB-2 Final Action Date for Rest of World in October 2026?

January 1, 2025.

Can I still file Form I-485 in October 2026 under EB-2?

If your priority date is earlier than March 15, 2026 and you are otherwise eligible, USCIS permits filing under the Dates for Filing chart this month.

Does retrogression cancel my I-140?

No. Retrogression affects when a visa number is available, not the validity of an approved petition.

Will EB-2 Rest of World become current again this fiscal year?

The Department of State has not projected a date. It states it will continue to monitor demand.