August 2026 Visa Bulletin: EB-2 India Unavailable and EB-1 at Risk
The August bulletin contains a consequential split for Indian employment-based applicants: EB-2 is unavailable for final action, while EB-1 may also become unavailable before the fiscal year ends. Here is what OPT workers should—and should not—conclude from those charts.
Direct Answer
In the August 2026 Final Action Dates chart, EB-2 India is “U,” meaning unavailable, and EB-5 India unreserved is also unavailable. EB-1 India remains at October 15, 2022, but the State Department warns it may become unavailable. These limits pause final approval or visa issuance; they do not automatically cancel an I-140, erase a priority date, or extend OPT.
August 2026 Employment-Based Visa Bulletin: India Snapshot
TheDepartment of State’s August 2026 Visa Bulletincontains separate Final Action Dates and Dates for Filing. The table below reproduces the India employment-based entries most relevant to students and early-career workers moving from F-1 status toward permanent residence.
| Category | Final Action | Dates for Filing | August 2026 note |
|---|---|---|---|
| EB-1 | 15OCT22 | 01DEC23 | DOS warns India could become unavailable before FY 2026 ends. |
| EB-2 | U | 15JAN15 | India’s FY 2026 per-country EB-2 limit has been reached. |
| EB-3 | 01JAN14 | 15JAN15 | Final action remains available only before the listed date. |
| EB-5 Unreserved | U | 01MAY24 | Unreserved numbers for India are unavailable; set-asides remain current. |
Dates use the bulletin’s day-month-year format. “15OCT22,” for example, means October 15, 2022. A priority date generally must be earlier than the listed cutoff.
Final Action Dates vs. Dates for Filing
The two charts answer different questions. Confusing them can lead to a premature filing or an incorrect expectation about approval.
Dates for Filing
Indicates when documents may be assembled or an adjustment application may be filed—but adjustment applicants can use this chart only when USCIS says so for that month.
Final Action Dates
Indicates when a visa number may be used for final approval or immigrant-visa issuance, subject to eligibility and continued number availability.
USCIS publishes a separatemonthly adjustment-of-status chart selection. Do not file Form I-485 solely because the State Department’s Dates for Filing chart shows a favorable date.
What the August Visa Bulletin Means for OPT Workers
For someone on OPT or STEM OPT, the most important distinction is between a green-card case and current work authorization. Filing or approving an I-140 does not itself authorize employment, extend an EAD, or preserve F-1 status.
If only the I-140 is filed or approved
Continue maintaining an independent status and employment authorization. Review the long-term sequence in ourgreen card after OPT guideand, for self-petitioners, ourEB-2 NIW guide for OPT students.
If Form I-485 is already pending
Visa retrogression or unavailability can pause final adjudication while the case stays pending. Employment authorization or advance parole based on the pending adjustment follows its own validity and eligibility rules. Travel, job changes, and maintenance of nonimmigrant status require case-specific planning.
If no immigrant petition has been filed
A slower Visa Bulletin does not make preparation pointless. Employers may still work on thePERM labor-certification process, and applicants may evaluate EB-1, EB-2 NIW, H-1B, O-1, L-1, or other lawful pathways when the facts support them. Different categories have different legal tests; a backlog alone does not create eligibility for another category.
Six Steps to Take After the August 2026 Visa Bulletin
Confirm the priority date
Use the date on the I-797 approval or applicable labor-certification record; do not estimate it from an employment start date.
Identify chargeability
The relevant country is usually the country of birth, not citizenship. Cross-chargeability may apply in some family situations.
Read the correct category and chart
Separate EB-1, EB-2, EB-3, and EB-5, then distinguish Final Action Dates from Dates for Filing.
Check the USCIS monthly selection
Adjustment applicants must verify which chart USCIS permits for employment-based I-485 filings that month.
Protect current work authorization
Track OPT, STEM OPT, cap-gap, H-1B, or adjustment-based EAD deadlines independently from the immigrant-visa queue.
Review the case before October
Ask qualified counsel how the FY 2027 reset, job changes, travel, portability, or a category upgrade could affect the specific record.
Frequently Asked Questions
What does U mean in the August 2026 Visa Bulletin?
U means “Unavailable.” For a category shown as U in the Final Action Dates chart, the government cannot use a visa number to approve an adjustment application or issue an immigrant visa in that category during the period of unavailability.
Is EB-2 India closed permanently?
No. The State Department says India reached its fiscal-year 2026 EB-2 per-country limit. Annual limits reset when fiscal year 2027 begins on October 1, 2026, though the exact movement after the reset depends on demand and the new annual allocation.
Does EB-2 India being unavailable cancel an approved I-140?
No. Visa-number unavailability does not by itself revoke an approved Form I-140 or erase its priority date. It prevents final action while a number is unavailable. The petition can still matter for retention, portability, or future filing, depending on the case.
Can I file Form I-485 using the Dates for Filing chart?
Only if USCIS designates that chart for employment-based adjustment filings in the relevant month and your priority date is earlier than the listed date. The State Department publishes both charts, but USCIS separately announces which one adjustment applicants may use.
Does filing an I-140 or waiting for a priority date extend OPT?
No. An I-140 petition or a place in the visa queue does not independently extend F-1 status, OPT, STEM OPT, or employment authorization. Maintain a separate valid status and work-authorized basis until another authorization becomes effective.
The Bottom Line
The August 2026 Visa Bulletin pauses EB-2 India final action and warns that EB-1 India could also become unavailable. For OPT workers, that is a queue-management problem—not an automatic cancellation of petitions and not an extension of F-1 work authorization. Protect the status that lets you work today while monitoring the FY 2027 reset and the USCIS filing-chart decision each month.
Keep Today’s Status Separate From Tomorrow’s Queue
TrackMyOPT helps F-1 students monitor OPT milestones, unemployment days, employment changes, and document deadlines while long-term immigration plans develop.
Create Your Free AccountOfficial Sources
- Department of State: Visa Bulletin for August 2026
- Department of State: India Per-Country Limit Reached in EB-2
- USCIS: Adjustment of Status Filing Charts
This article is general educational information, not legal advice or a prediction of future priority-date movement. Visa availability and filing eligibility are case-specific.
Written by Vinay Kumar
Vinay is a content writer at TrackMyOPT who specializes in immigration guidance for international students. All content is researched using official USCIS, SEVP, and Department of Labor sources and reviewed for accuracy by the TrackMyOPT team, which includes former F-1 students who navigated OPT, STEM OPT, and H-1B transitions firsthand.