# USCIS Sets September 2026 Green Card Filing Rules — EB Applicants Face Tighter Chart > USCIS has announced which visa bulletin charts to use for adjustment of status applications in September 2026. Employment-based applicants must use the stricter Final Action Dates chart, while family-sponsored applicants get access to the more permissive Dates for Filing chart. If you're waiting to file your I-485, this distinction could determine whether you can file at all this month. Canonical URL: https://thevisapulse.com/updates/uscis-adjustment-of-status-filing-dates-september-2026 ## At a glance - **Policy status:** Status unverified - **Last verified:** Not recorded - **Human review:** No human review recorded - **Published:** 2026-08-24 - **Effective:** 2026-09-01 - **Impact:** medium - **Document type:** Notice - **Source agency:** USCIS - **Document number:** news-aila-org-library-uscis-adjustment-of-status-filing-dates-for-september-2026 - **Visa types:** H-1B, F-1, EB-1, EB-2, EB-3, Green Card Publication dates and impact ratings do not establish whether a policy is in force. Verify current status against the linked government evidence. See /about for our editorial process. ## Who is affected - Employment-based green card applicants filing I-485 in September 2026 - Family-sponsored green card applicants filing I-485 in September 2026 - H-1B workers in the EB-2 or EB-3 backlog - F-1 alumni transitioning to permanent residence through employer sponsorship ## Key changes - Family-sponsored applicants in all preference categories must use the Dates for Filing chart in September 2026 - Employment-based applicants in all preference categories must use the Final Action Dates chart in September 2026 - EB applicants cannot file early under the more permissive Dates for Filing chart this month - Family-sponsored applicants may benefit from earlier filing eligibility under the more lenient chart ## What you should do Check the September 2026 Visa Bulletin on the State Department website. Employment-based applicants must verify their priority date against the Final Action Dates chart; family-sponsored applicants should check the Dates for Filing chart. If your date is current, consult an immigration attorney about filing Form I-485 this month. 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). ## At a Glance - **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. ## Sources - Source · aila.org: https://www.aila.org/library/uscis-adjustment-of-status-filing-dates-for-september-2026 --- _The Visa Pulse — Immigration Policy, Explained. 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