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August Visa Bulletin Shifts Signal Mixed Outlook for Green-Card Seekers

7/31/2026, 10:07:23 PM

Family-Sponsored Applicants See Notable Advances

USCIS confirmed that, for August, family-sponsored applicants filing adjustment-of-status (Form I-485) may rely on the Department of State’s “Dates for Filing” chart, which is more favorable than the “Final Action Dates” chart used for employment-based cases. The F2A category—spouses and unmarried children under 21 of lawful permanent residents—recorded one of the largest forward movements in the latest bulletin. Other family preference categories (F1, F2B, F3, F4) also moved forward, allowing additional applicants whose priority dates are now current to submit filings or receive decisions, potentially shortening waiting periods that have stretched for years.

Employment-Based Applicants Confront Persistent Shortages

The same bulletin shows limited progress for employment-based categories, with high-demand slots remaining oversubscribed. EB-1 for China advanced, while EB-3 worldwide moved forward modestly, but EB-2 India stayed unavailable and EB-5 India remained unreserved. The State Department warned that EB-1 India could become unavailable before the fiscal year ends if annual visa limits are exhausted.

Public Charge Rule Set to Change in September

The Department of Homeland Security has finalized a rule rescinding the 2022 public-charge regulation, scheduled to take effect on September 18. Under the restored framework, immigration officers may consider a broader set of factors—including age, health, family status, financial resources, assets, liabilities, education, skills, and the affidavit of support—when evaluating an applicant’s likelihood of becoming primarily dependent on government assistance.

Revised Form I-485 to Align with New Rule

USCIS announced that it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, before the September 18 public-charge rule takes effect. The agency warned that older versions of the form postmarked or submitted electronically on or after that date will not be accepted, requiring applicants filing later in the year to use the updated edition.

What Applicants Should Monitor

As the fiscal year draws to a close on September 30, visa-number limits are expected to be exhausted, potentially causing additional retrogression for employment-based categories until the next fiscal year begins in October. Immigrants are advised to track monthly Visa Bulletin updates, maintain valid nonimmigrant status (such as H-1B) while awaiting visa availability, and explore alternative pathways—including EB-1 classifications, National Interest Waivers, or family-based routes—where eligible. The convergence of Visa Bulletin movements, the public-charge rule change, and the new Form I-485 makes the coming weeks a critical planning period for anyone seeking lawful permanent residence in the United States.