US immigration rules and visa numbers are seeing several changes this August, and green card applicants have plenty to keep track of. Family-sponsored applicants are seeing some of the biggest movement in months, while employment-based applicants, especially those from India, are facing tighter limits as the US fiscal year comes to an end.
Two major changes are also coming in September. A broader “public charge” test will return on September 18, along with a new version of the Form I-485, the main application used to apply for a green card from inside the US.
Here is what applicants need to know.
1. Family-based green card categories move ahead
Family-sponsored applicants have received some welcome news this month.
USCIS has confirmed that people filing adjustment-of-status applications in August can use the more generous “Dates for Filing” chart instead of the stricter “Final Action Dates” chart.
The biggest movement has come in the F2A category, which covers spouses and unmarried children under 21 of US green card holders. The category moved forward by more than 18 months for most countries, one of its biggest jumps in recent memory.
The F1, F3 and F4 categories have also moved forward. This could allow a significant number of family-based applicants to file their cases or receive decisions sooner than they expected.
2. Employment-based applicants still face the stricter chart
The situation is different for employment-based applicants. They must continue using the stricter “Final Action Dates” chart when filing Form I-485.
This means an applicant may see that their priority date appears current, but that does not necessarily mean they can file. They can only file if USCIS has authorised the relevant chart for their category that month.
The difference between the two charts can be confusing, especially for people filing for the first time.
3. Some employment categories see small gains
There is some movement in a few employment-based categories, although the gains are limited. EB-1 China moved forward by about a month. EB-3 China and EB-3 for the “Rest of World” category also moved ahead slightly.
EB-4 categories saw small gains as well. The changes are not large, but they are still more movement than many employment-based categories have seen in recent visa bulletins.
4. EB-2 India becomes unavailable for the rest of FY2026
For Indian applicants, one of the biggest developments is in the EB-2 category.
The State Department has marked EB-2 India as “unavailable” for the rest of fiscal year 2026. This means no more visa numbers will be issued in this category until the new fiscal year begins on October 1.
EB-2 is widely used by Indian engineers, IT professionals and people with advanced degrees.
Officials have indicated that when the new fiscal year begins, the cut-off date could move to around July 15, 2014. However, this is only a projection and is not guaranteed.
EB-3 India remains almost unchanged, with a cut-off date of January 1, 2014. EB-5 Unreserved India is also seeing little movement, with its cut-off date at around May 1, 2024.
5. EB-1 India could also run out of visa numbers
EB-2 India is not the only category facing pressure. The State Department has issued an unusual warning that EB-1 India could also run out of visa numbers in the coming weeks if demand remains high.
The category is used by people such as applicants with extraordinary ability, outstanding researchers and multinational executives.
“High demand and number use by aliens chargeable to India in the EB-1 visa category may necessitate making the category unavailable in the coming weeks if India’s pro-rated limit in the EB-1 category is reached before the fiscal year ends,” a statement from the US State Department said.
6. Visa numbers are running low as the year ends
August and September are particularly important because the US fiscal year is close to ending. Annual immigrant visa numbers are limited, and there are also per-country limits. As those numbers get closer to being used up, more categories could move backwards or become unavailable.
This is not limited to Indian applicants.
Applicants in other employment and family categories could also see their dates retrogress or their categories become unavailable until new visa numbers become available when the new fiscal year starts on October 1.
Immigration lawyers are therefore advising applicants to keep a close eye on the monthly Visa Bulletin through August and September.
| Category | Final Action Date (Aug 2026) | Change vs July | Status |
|---|---|---|---|
| EB-1 — Extraordinary ability, outstanding researchers, multinational executives | October 15, 2022 | No change | State Dept warns it could turn “unavailable” in the coming weeks if demand remains high |
| EB-2 — Advanced degree / exceptional ability | Unavailable | Retrogressed to unavailable | Annual cap reached; no numbers issued until FY2027 begins on October 1, 2026 |
| EB-3 — Skilled workers, professionals | January 1, 2014 | No change | One of the longest-standing backlogs; no meaningful movement in months |
| EB-5 Unreserved — Investors | ~May 1, 2024 | No change | No significant movement this month |
7. Broader ‘public charge’ test returns in September
Another major change is coming on September 18.
The Department of Homeland Security has finalised a rule that will bring back a broader “public charge” test. It will replace the narrower system that has been in place since 2022.
From September 18, immigration officers will once again be allowed to consider a wider range of factors when deciding whether an applicant is likely to become dependent on government assistance.
These factors can include the use of certain non-cash public benefits, such as food assistance, Medicaid and housing support.
Officers can also look at an applicant’s age, health, financial resources, education, skills and affidavit of support.
However, officials have clarified that simply receiving a benefit does not automatically mean an application will be denied. Benefits used by a US-citizen child in the household will also not be counted against the parent’s own application.
Applications that are filed and accepted before September 18 will continue to be judged under the narrower 2022 rule.
8. New Green Card form
USCIS is also introducing a new version of Form I-485, which is used by people applying to adjust their status and become permanent residents.
The new form is being introduced alongside the changes to the public charge rule.
From September 18, applicants will have to use the updated form. Older versions will be rejected, even if they are postmarked or filed electronically on that date.
That could be important for applicants who are planning to file later this year. A rejected application is not treated as a delayed filing. Instead, it is returned without being filed.
That can create serious problems if the filing affects an applicant’s priority date or a child’s protection against ageing out under the Child Status Protection Act.
9. What applicants should watch
For many immigrants waiting for a green card, August could be an important month.
Family-sponsored applicants are seeing some of the biggest movement in the Visa Bulletin in recent months, giving many applicants a better chance of filing their cases or moving them forward.
Employment-based applicants, however, continue to face limited visa numbers, with some categories already unavailable and others at risk of further restrictions as the fiscal year comes to an end.
Applicants planning to file in the coming months also need to keep an eye on the new public charge rules and the updated USCIS forms taking effect in September.
With visa numbers running low and major rule changes approaching, the next few weeks could be important for anyone waiting for or preparing to apply for permanent residence in the US.
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.