Client Alert: The FY2027 Green Card Reset and What It Means for Employers and Foreign Professionals

Oct 7, 2026 · @Luciane

On October 1, 2026, the annual supply of employment-based green cards reset for fiscal year 2027. Categories that closed in September have reopened, and the October 2026 Visa Bulletin moved cutoff dates in several categories. For backlogged applicants, especially those born in India and China, the reset brings movement but not relief.

Key takeawaysNumbers are available again. Pending green card cases stalled when categories closed in September can now move toward approval if the priority date is current under the applicable Final Action Dates chart.Check the chart, then file promptly. If a priority date is current under the filing chart USCIS designates for the month, eligible applicants should consider filing the I-485 promptly; early-fiscal-year advances can later stall or retrogress.Protect the priority date. An approved I-140, AC21 portability where available, and timely motions or appeals following adverse decisions can be critical tools for workers navigating a multi-year line.

The October 2026 Visa Bulletin at a glance

The table below shows the Dates for Filing for employment-based immigrant visa categories in the October 2026 Visa Bulletin. These dates indicate when applicants may be eligible to submit documentation or file for adjustment of status, depending on the chart USCIS designates for use that month.

Source: U.S. Department of State, Visa Bulletin for October 2026. For I-485 filing, USCIS separately announces whether applicants must use the Final Action Dates or Dates for Filing chart for employment-based adjustment of status applications each month. Confirm the applicable USCIS chart before filing.

Chargeability generally follows country of birth, not citizenship. A professional born in India who later became a Canadian citizen, for example, is generally charged to India unless an exception applies, such as cross-chargeability through a spouse's country of birth.

How the annual quota works

U.S. immigration law provides an annual worldwide level for employment-based immigrant visas of at least 140,000, with the potential addition of certain unused family-sponsored numbers from the preceding fiscal year. EB-1, EB-2 and EB-3 each receive 28.6% of the worldwide employment-based level, plus certain unused numbers from other employment-based preferences. EB-4 and EB-5 each receive 7.1%.

Several additional rules help explain why applicants from some countries may wait years:

• Per-country limits. Immigration law generally limits the number of family-sponsored and employment-based preference visas available to individuals chargeable to any single country. High demand from countries such as India and China contributes significantly to lengthy backlogs.
• Quarterly limits. Visa-number use is also subject to statutory limits during the fiscal year, which affects how quickly numbers can be allocated.
• EB-5 set-asides. Under the EB-5 Reform and Integrity Act, portions of annual EB-5 visa numbers are reserved for qualifying investments: 20% for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects.

Why categories closed in September

As fiscal year 2026 approached its end, annual visa-number limits affected multiple employment-based categories. When the Department of State determines that the annual allocation for a category has been reached, immigrant visa issuance and adjustment-of-status approvals requiring a visa number in that category must wait until additional numbers become available.

The start of the new fiscal year on October 1 resets the annual allocation, allowing visa-number use to resume within the limits established for FY2027.

For applicants whose cases could not be approved solely because an immigrant visa number was unavailable, this generally means the case remained pending rather than being denied for that reason alone. Once numbers become available again, a pending case may move forward if the applicant's priority date is current under the applicable Final Action Date and all other eligibility requirements are satisfied.

Late-fiscal-year slowdowns or exhaustion of visa numbers are therefore an important planning consideration for employers and foreign professionals.

What to do now

For employers

Audit the immigration pipeline. Compare each sponsored employee's priority date and country of chargeability against the October Visa Bulletin. For adjustment-of-status cases, also confirm which chart USCIS has designated for employment-based filings before determining whether an I-485 can be filed.

Plan hiring around portability. Under INA § 204(j), certain employment-based adjustment applicants whose I-485 applications have been pending for 180 days or more may be able to change jobs or employers if the new position is in the same or a similar occupational classification as the position underlying the immigrant petition. Form I-485 Supplement J may be used to request portability. Immigration counsel should evaluate the original and proposed positions before a transition is finalized.

Preserve nonimmigrant status when appropriate. Certain H-1B workers may qualify for extensions beyond the usual six-year maximum under provisions of the American Competitiveness in the Twenty-First Century Act (AC21), including circumstances involving lengthy permanent-residence processing or an approved employment-based immigrant petition when an immigrant visa is not immediately available.

For foreign professionals

Guard your priority date. An approved I-140 can generally provide priority-date retention for a later employment-based petition, subject to regulatory exceptions. Losing an underlying petition does not necessarily mean starting from zero, but the circumstances surrounding a revocation or denial matter and should be evaluated individually.

Act quickly after an adverse decision. USCIS motions and appeals are subject to strict filing deadlines. Depending on the type of decision and proceeding, a filing may generally be due within 30 days, with additional time in certain circumstances when the decision was served by mail. The deadline stated in the particular decision should always be reviewed carefully.

Keep documents current. Applicants approaching their filing dates should keep passports, civil documents, employment records and other supporting evidence organized and current. Medical-examination requirements should also be reviewed based on current USCIS rules before filing.

Evaluate self-petition options where appropriate. EB-2 National Interest Waiver and EB-1A petitions can eliminate the need for a traditional employer-sponsored labor certification process for qualifying applicants. However, approval of a self-petition does not eliminate statutory immigrant-visa limits or country-based backlogs.

Filing date vs. approval date: an important distinction

The October movement does not mean that everyone who can file an I-485 can immediately receive a green card.

The Visa Bulletin contains two separate employment-based charts:

Dates for Filing determine when an applicant may be eligible to submit an adjustment-of-status application, when USCIS authorizes use of that chart.

Final Action Dates determine when an immigrant visa number is available for final approval of permanent residence.

This distinction is particularly important in heavily backlogged categories. An applicant may be permitted to file an I-485 and obtain benefits associated with a pending adjustment application while still waiting for the priority date to become current under the Final Action Dates chart before the green card itself can be approved.

Why country of birth matters

Employment-based visa backlogs are generally based on country of chargeability, which ordinarily means country of birth rather than current nationality or citizenship.

For example, becoming a citizen of another country generally does not change an applicant's country of chargeability.

There are exceptions. In some cases, an applicant may benefit from cross-chargeability, including through a spouse born in a different country. For families affected by long India- or China-based backlogs, this can be an important issue to evaluate before filing.

Outlook for FY2027

The beginning of a new fiscal year often creates room for forward movement as a new annual allocation of immigrant visa numbers becomes available. But movement early in the fiscal year does not guarantee continued advancement.

The Department of State may hold cutoff dates or move them backward—known as retrogression—if demand exceeds the number of visas expected to remain available.

For employers, this makes immigration planning increasingly important. Recruitment, job changes, I-140 strategy, adjustment-of-status eligibility and maintenance of nonimmigrant status should be evaluated together rather than as isolated events.

For foreign professionals, a priority date is an increasingly valuable part of long-term immigration planning. Filing as soon as legally permitted, preserving an approved petition where possible, and evaluating alternative employment-based categories can reduce the consequences of future retrogression.

Long-term changes to the employment-based backlog ultimately depend on legislation. Proposals involving per-country limits, visa recapture and increases in immigrant visa availability have been introduced over the years, but applicants and employers should plan based on the law and visa numbers currently in effect rather than anticipated legislative changes.

Until then, the October reset should be viewed as a planning opportunity—not a solution to the employment-based green card backlog.

About the author. Luciane Tavares is the Managing Attorney of American Immigration Associates, LLC in Orlando, Florida. She advises employers, executives and professionals on employment-based immigration, including National Interest Waivers, AC21 portability and adjustment of status.

To review how the FY2027 reset affects your case or your workforce, contact luciane@aiassoc.com or +1 407 733-3806.

Sources: U.S. Department of State, Visa Bulletin for October 2026; USCIS, Adjustment of Status Filing Charts from the Visa Bulletin; Immigration and Nationality Act §§ 201, 202, 203 and 204(j); 8 C.F.R. § 204.5(e); American Competitiveness in the Twenty-First Century Act (AC21).

This client alert is for general informational purposes only and does not constitute legal advice. Reading this publication does not create an attorney-client relationship.