USCIS has announced its adjustment of status (AOS) filing guidance for September 2026, and the rules are different depending on whether you're applying through an employment-based or family-sponsored immigrant visa category. According to a notice published by AILA on August 24, 2026, USCIS made its monthly determination on which Visa Bulletin chart applicants must consult before submitting Form I-485 (Application to Register Permanent Residence or Adjust Status).

Key Points

  • What: USCIS designated which Visa Bulletin chart governs I-485 filings for September 2026
  • Who: All family-sponsored and employment-based preference green card applicants filing to adjust status inside the U.S.
  • When: Applies to filings made during September 2026
  • Impact: Employment-based applicants must meet the stricter Final Action Dates cutoff — they cannot file early using the Dates for Filing chart this month

What This Means and Why It Matters

Every month, USCIS chooses between two charts published in the State Department's Visa Bulletin:

  • Dates for Filing chart — the more lenient option. It allows applicants to file their I-485 before a visa is technically available, as long as their priority date is close enough. Filing early lets you lock in important benefits like work authorization (via Form I-765) and travel permission (via Form I-131) while you wait.
  • Final Action Dates chart — the stricter option. Your priority date must actually be current (meaning a visa number is immediately available) before you can file.

For September 2026, AILA reported that USCIS made the following call:

  • Family-sponsored categories: Use the Dates for Filing chart — the more permissive option, giving family-based applicants access to early filing benefits.
  • Employment-based categories: Use the Final Action Dates chart — the stricter standard, meaning EB applicants can only file if their priority date is actually current this month.

What This Means for H-1B and F-1 Alumni Pursuing Green Cards

If you're an H-1B worker or former F-1 student in the employment-based backlog — particularly EB-2 or EB-3 applicants born in India or China — this ruling matters. Being limited to the Final Action Dates chart means you cannot use September to file early and capture work authorization or travel benefits unless your priority date is fully current under that chart.

For those in less backlogged EB categories (like EB-1), check whether your priority date is current on the Final Action Dates chart in the September 2026 Visa Bulletin. If it is, you can file this month.

Family-sponsored applicants have more flexibility this month — the Dates for Filing chart is typically more advanced, so more people may be eligible to file.

What You Should Do

  1. Check the September 2026 Visa Bulletin on the State Department's website to find your category's cutoff date on the applicable chart.
  2. Employment-based applicants: Compare your priority date against the Final Action Dates chart — that is the only chart you may use this month.
  3. Family-sponsored applicants: Compare your priority date against the Dates for Filing chart, which gives you a potential earlier window to file.
  4. If your date is current, work with your attorney or accredited representative to prepare and submit Form I-485 promptly — USCIS filing windows can shift month to month.
  5. If your date is not yet current, monitor the October 2026 Visa Bulletin, as USCIS will make a new chart designation for that month.