EB-2 and EB-3 Rest of World Retrogression in October 2026: What the New Cutoffs Mean for NIW and PERM Filers

EB-2 Rest of World is no longer current. Here is what the October 2026 cutoffs mean for your NIW or PERM priority date, and which chart USCIS is using this month.

Part of our guide to PERM labor certification.

If your EB-2 or EB-3 case is charged to Rest of World, here is the plain answer: EB-2 retrogression is real in October 2026. The EB-2 Rest of World (ROW) Final Action Date dropped from Current to 2025-01-01, and EB-3 ROW moved back from 2024-09-01 to 2024-05-15. But for October, USCIS is accepting employment-based I-485s under the Dates for Filing chart, where EB-2 ROW sits at 2026-03-15 and EB-3 ROW at 2024-08-01. NIW and PERM filers with a priority date earlier than the filing cutoff can still submit an adjustment application this month; they cannot be approved until the Final Action Date passes their priority date.

In September 2026, EB-2 ROW showed "C" for Current. Here is what moved, how to read the two charts, and where your priority date falls.

Status as of October 2026. In effect: the October 2026 Visa Bulletin, the first of fiscal year 2027, published around 2026-09-29. In effect: the USCIS designation of the Dates for Filing chart for all employment-based and family-based I-485s filed in October. Not published: the November 2026 Visa Bulletin, and USCIS's November chart choice, which its filing-charts page listed as "Coming soon" as of 2026-10-01. Any November cutoff you see anywhere is a forecast.

This post explains how the process works. It is not legal advice, and your own notices govern over anything published here.

EB-2 retrogression and EB-3 ROW cutoffs at a glance

The Rest of World picture as of October 2026, with the previous Final Action Date where known. The source of truth is the Visa Bulletin on travel.state.gov.

One published summary mislabeled 15MAR26 as the EB-2 ROW Final Action Date. 2026-03-15 is the Dates for Filing; 2025-01-01 is the Final Action Date. And the EB-3 "Other Workers" ROW filing date is reported inconsistently, so read that row directly from the bulletin. For the wider fiscal-year picture, including India and China, see our breakdown of what the October 2026 bulletin actually reset.

Final action date vs dates for filing: how the two charts work

The State Department publishes two employment-based charts each month.

• Final Action Dates show when a visa number can actually be used. USCIS can approve an I-485, and a consulate can issue an immigrant visa, only when your priority date is earlier than the listed date.
• Dates for Filing show when you can get in line with paperwork. Consular applicants abroad use it to know when they may start submitting documents.

For people adjusting status inside the US, USCIS decides each month which chart applies to new I-485 filings, and posts the decision on its adjustment of status filing charts page. In the summer of 2026, USCIS required the Final Action Dates chart (May, July, August and September are confirmed). For October 2026, it said all employment-based and family-based I-485s must use the Dates for Filing chart.

That is why October's retrogression does not freeze everyone out: the EB-2 ROW filing cutoff is more than a year later than the approval cutoff. But USCIS chooses one month at a time.

Is the EB-2 priority date current? Where your date falls

"Current" means no cutoff at all. For EB-2 ROW, that is no longer true. Your position depends on which side of each cutoff your priority date falls.

EB-2 Rest of World, October 2026

EB-3 Rest of World, October 2026

Where your priority date comes from

• NIW (EB-2 National Interest Waiver): there is no PERM, so your priority date is generally the date USCIS received your I-140. Our guide to how an NIW priority date is set walks through where to find it on your receipt notice.
• PERM-based EB-2 or EB-3: your priority date is generally the date the Department of Labor accepted the PERM application for processing, and it appears on the I-140 approval notice once that is issued.

Chargeability follows country of birth, not citizenship, so a Canadian citizen born in India is generally charged to India. Confirm which row is yours with your attorney.

What the retrogression means for NIW filers

An NIW case with a 2025 or early-2026 priority date now sits between the two cutoffs.

Filing and approval are now separate events. In October, an I-485 can be filed with a priority date before 2026-03-15. Approval waits for both an approved I-140 and a Final Action Date that has moved past your date. A filed I-485 does not make an NIW approvable, and it does not move you ahead in line.

The paperwork rules changed this fall. Only the 09/18/26 edition of Form I-485 is accepted; older editions are rejected with no grace period. The I-485 filing location also changed on 2026-10-07, and USCIS accepts forms sent to a prior location only if postmarked by 2026-11-09. Check the Form I-485 page for the current edition and address on the day you file. Since 2026-07-24, unrepresented EB-1A and NIW self-petitioners can also file the I-140 and I-485 together online.

Adjudication policy has been quiet since August. After PA-2026-05, USCIS had published no new EB-1A or NIW policy since 2026-08-05. Requests for Evidence commonly give 30 days to respond, so read the deadline on your own notice rather than assuming a longer window. If you are weighing NIW against another category, our comparison of EB-2 vs EB-3 timelines covers the structural differences.

What the retrogression means for PERM filers

For PERM cases the retrogression stacks onto an already long process. As of 2026-10-05, DOL's FLAG processing times page showed PERM analyst review on December 2025 filings; check it live, since it moves.

EB-2 is still ahead of EB-3 for ROW. In October, the EB-3 ROW Final Action Date (2024-05-15) is earlier than EB-2 ROW (2025-01-01), so EB-3 is further back. Whether a different category filing ever makes sense for you is a question for your employer's immigration counsel, not a chart.

One PERM-only action is in effect. On 2026-10-08, DOL announced a suspension of PERM processing for eight named employers. It applies to PERM labor certification only. H-1B petitions and H-1B status at those companies are untouched by it. If your sponsor is one of them, read our explainer on the DOL PERM suspension and talk to your employer's counsel.

Old position, new position, what to check differently (as of October 2026)

A step-by-step check for October

1. Find your priority date on your I-140 receipt or approval notice, or on your certified PERM.
2. Confirm your chargeability country (country of birth) and your category (EB-2 or EB-3).
3. Check which chart USCIS designated for the current month on its filing charts page.
4. Compare your date to that chart in the bulletin on travel.state.gov. "Earlier than" the listed date means you are within the cutoff; the same date is not.
5. Take the result to a licensed immigration attorney before acting. If you are on F-1 or OPT, also talk to your DSO about how a filing interacts with your SEVIS record.
6. Re-check when the November bulletin and USCIS chart choice publish. Both can change your position.

EB-3 ROW prediction and November: what can honestly be said

People search "eb3 row prediction" for a date. As of 2026-10-14 there is none to give: the November 2026 Visa Bulletin had not been published, and USCIS had not named its November chart. Forecasts are context, collected in our November 2026 Visa Bulletin predictions, but they are not cutoffs.

What is known is the mechanism. The fiscal year 2027 employment-based limit is at least 140,000, the statutory floor. When demand exceeds what the annual numbers can absorb, the State Department holds or moves the date back, and later bulletins can advance, hold or retrogress further.

Your status while you wait

The bulletin does not change your nonimmigrant status. Your H-1B, OPT or STEM OPT is governed by its own approval notice, EAD and I-94. The retrogression changes how long you may depend on it.

• A pending I-485 opens other filings. It can support an I-765 (category c9) and advance parole. The final rule ending automatic EAD extensions (in effect, published 2026-10-14) applies to renewals filed on or after 2025-10-30, so a renewal no longer carries an automatic bridge.
• Travel needs care. Leaving the US while an I-485 is pending can be treated as abandoning it unless an exception applies, and H-1B and L-1 holders have a specific one. Confirm with your attorney before booking.
• F-1 students. Filing a green card application in F-1 status raises immigrant-intent questions for an immigration attorney, with your DSO involved on the SEVIS side.

Common mistakes

• Reading the Dates for Filing as an approval date. 2026-03-15 lets some EB-2 ROW cases file in October. It approves nobody.
• Using last month's chart choice. USCIS switched from Final Action Dates (summer) to Dates for Filing (October). November is undecided.
• Charging yourself to the wrong country. Country of birth decides the row, not passport.
• Mailing an old I-485 edition or using the old address. Only the 09/18/26 edition is accepted, and the filing location changed on 2026-10-07.
• Treating forecasts as fact. No November ROW cutoff exists until the State Department publishes it.
• Reading the PERM suspension as an H-1B ban. It covers PERM labor certification only.

Frequently asked questions

Is the EB-2 priority date current for Rest of World in October 2026?

No. The October 2026 Visa Bulletin set the EB-2 ROW Final Action Date at 2025-01-01, down from Current, and Mexico and the Philippines share that date. The EB-2 ROW Dates for Filing is 2026-03-15. Only a priority date earlier than 2025-01-01 can be approved this month.

What is the difference between the final action date and the dates for filing?

The Final Action Date is the cutoff for actually issuing a green card or immigrant visa. The Dates for Filing is a later cutoff that lets some people submit paperwork sooner. Each month USCIS says which chart it accepts for I-485 filings, and for October 2026 it chose Dates for Filing for all employment-based and family-based cases.

Can an I-485 be filed in October 2026 if my priority date is after the final action date?

Mechanically, yes, if your priority date is earlier than the Dates for Filing cutoff for your category and you meet every other requirement, because USCIS designated that chart for October. The application cannot be approved until the Final Action Date passes your priority date. Whether you qualify to file is a question for a licensed immigration attorney.

What is the EB-3 ROW prediction for November 2026?

Nobody can give you a verified number. The November 2026 bulletin had not been published as of this writing, and USCIS had not announced its November chart. Treat every November figure as a forecast.

Does the retrogression change my H-1B, OPT or F-1 status?

Not by itself. A Visa Bulletin cutoff controls when a green card can be filed or approved, not whether your current status is valid. It can lengthen how long you depend on that status, so plan with an immigration attorney, and with your DSO for anything touching F-1 or OPT.

Sources

• U.S. Department of State, Visa Bulletin
• USCIS, Adjustment of Status Filing Charts from the Visa Bulletin
• USCIS, Form I-485
• USCIS, Policy Manual updates
• U.S. Department of Labor, FLAG processing times

A moving priority date is easier to manage when your job search and status timeline are planned together. If you want help finding US roles with sponsoring employers, talk to F1Jobs.