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Perplexity ChatGPT Claude Gemini

Could Your Green Card Priority Date

Perplexity ChatGPT Claude Gemini
Could Your Green Card Priority Date

October marks the start of a new federal fiscal year, and with it, a fresh allocation of roughly 140,000 employment-based immigrant visas. For applicants whose priority dates sit tantalizingly close to the cutoff, the hope also rises whether they will finally be able to file the Form I-485, i.e. the application to adjust status to permanent residence.

As of mid-September, however, immigration attorneys are urging a dose of caution alongside the optimism. "It is therefore too early to say that EB-2, EB-3, or EB-2 NIW moved forward, retrogressed, or became current," one legal analysis noted, pointing out that the October bulletin had not yet been published as of September 11, 2026. Still, the employment-based backlogs "are expected to remain under significant pressure until FY2027 begins on October 1," according to Visa Bulletin trend analysis. Moreover, in several analyses, the categories like EB-1 and EB-3 are seen as more likely to see modest forward movement in the coming months.

Here, our EB-1A consultants have compiled and discussed in detail the ins and outs of the October EB1 bulletin prediction. Here is everything you need to know about the projection and what the immigration attorneys are talking about the possible outcomes of the bulletin.

What attorneys are suggesting the applicants to do right now

Rather than wait for the bulletin to drop before lifting a finger, immigration attorney Rebecca Chen of Reddy Neumann Brown PC, writing for her firm's blog, laid out a preparation checklist for applicants whose dates may soon become current. Chen advises applicants to locate their Form I-140 approval notice and confirm the priority date, preference category, and country of chargeability proactively. She also advises the applicants to review status maintenance issues, unauthorized employment, and prior immigration filings before a filing window potentially opens.

One detail attorneys stress often gets overlooked: the Department of State's Visa Bulletin is not the only document that matters. Each month, USCIS separately announces whether applicants must use the "Final Action Dates" chart or the more forward-leaning "Dates for Filing" chart. Chen's guidance is explicit that applicants should check USCIS's own chart-selection notice rather than assuming the more favorable chart applies.

That distinction could carry particular weight this October. According to one immigration-law blog by Sarah Chen tracking historical bulletin patterns, "Chart B was used for employment-based filings through April 2026," before USCIS switched to Chart A only in May. She also noted that "October historically reopens Chart B with fresh numbers". If this shift happens again, it would be "the single most impactful change for backlogged applicants." It could potentially reopen filing eligibility for cases with priority dates over a year earlier than the Final Action cutoffs.

A new wrinkle: The public charge rule just changed too

Applicants racing to prepare their paperwork this fall are also contending with a significant new complication that has nothing to do with visa numbers. On September 18, 2026, a new Department of Homeland Security public charge rule took effect alongside a revised edition of Form I-485. In other words, the timing means the new form is now mandatory for every applicant filing on or after that date, "with no grace period," as one legal news outlet put it.

The old form asked two narrow questions about cash assistance and institutionalization. The new version condenses this into a single, open-ended question at Item 63: "Have you ever received any means-tested public benefit?". Xiao Wang, CEO of Boundless Immigration, cautioned that applicants shouldn't assume the process is unchanged. Chen's guidance also echoes this warning directly, noting that "a disclosure does not automatically establish public-charge inadmissibility, but an inaccurate answer can create a more serious issue."

The financial and logistical reality

Beyond paperwork, applicants face a genuinely expensive filing season. Current USCIS fees run $1,440 for Form I-485, plus separate charges for a work permit and travel document.

Our attorney friends also flag less obvious hurdles: each family member must file a separate I-485 with its own supporting evidence. For instance, a civil surgeon's medical exam (Form I-693) can take weeks to schedule and complete; and applicants who no longer work for their sponsoring employer must confirm the original job offer remains genuine. Or else, they need to consider a new PERM filing that can take 12 to 18 months. For some, an EB-2-to-EB-3 downgrade, i.e. filing a new I-140 under the same labor certification, may open an earlier door if EB-3 advances faster, without erasing the original priority date.

The consistent thread across attorney guidance is that a current priority date is indeed an opportunity to look forward to. However, as Chen's firm put it plainly: readiness now determines whether an applicant can act "promptly if October brings favorable movement". Because in a backlog this large, filing windows can close as quickly as they open.

At GCEB1, our EB-1A experts are relentlessly tracking all the latest updates in the US immigration landscape. Get in touch with us if you need personalized guidance on Green card, status change and more. We wish you a safe and stress free immigration journey ahead.

Frequently Asked Questions

1. When will the October 2026 Visa Bulletin be released?

The State Department typically publishes each Visa Bulletin in the second or third week of the preceding month, meaning the October bulletin would normally appear in mid-to-late September.

2. What's the difference between the "Final Action Dates" and "Dates for Filing" charts?

The Final Action Dates chart shows when a green card can actually be approved; the Dates for Filing chart shows when USCIS may allow applicants to submit Form I-485 in advance, even though a visa isn't yet available. USCIS decides monthly which chart adjustment applicants may use; it is not automatic.

3. Does a new fiscal year guarantee my priority date becomes current?

No. A new annual visa allocation on October 1 does not automatically make every category current or clear every pending case; the Department of State must publish updated cutoff dates first.

4. Can I file Form I-485 without my employer's involvement?

Not entirely. Form I-485 must be filed concurrently with, or based on, an employer-sponsored Form I-140. If filed separately, applicants generally need Supplement J signed by the employer confirming the job offer still exists.

5. How much does it cost to file Form I-485 with work and travel authorization?

As of 2026, the combined fees for an adult applicant are roughly $1,440 for Form I-485, $260 for an adjustment-based Form I-765, and $630 for Form I-131: payable separately.

6. What changed with the public charge rule on September 18, 2026?

DHS rescinded most of the detailed 2022 public charge framework and gave USCIS adjudicators broader discretion to weigh an applicant's use of means-tested public benefits, using a revised Form I-485 with a single, broader disclosure question.

7. Does receiving a public benefit automatically disqualify me?

No. Receiving a means-tested public benefit does not automatically result in a public charge denial, but inaccurate or incomplete disclosure can create separate, more serious problems.

8. Should I apply for Advance Parole if I plan to travel abroad?

It depends. Applicants who hold valid underlying nonimmigrant status, such as H-1B or L-1, may be able to travel on that status and apply for Advance Parole later, but those without an independent basis for reentry generally should not depart before it's approved.

9. What if I no longer work for the employer who sponsored my green card?

If the approved I-140 hasn't been withdrawn and the original job offer remains genuine, the case may still be usable. Otherwise, a new employer can typically start a fresh PERM and I-140 process while retaining the original priority date.

Sources & further readings

 

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