Four Green Card Changes Coming Before 2027
Green card applicants could see new opportunities to file their applications in October as the start of the federal government's 2027 fiscal year brings a fresh supply of immigrant visa numbers and updated cutoff dates.
The changes affect family-sponsored and employment-based applicants, as well as people considering the EB-5 immigrant investor program.
The federal government's 2027 fiscal year begins October 1. Each fiscal year, immigrant visa limits reset, allowing the State Department and U.S. Citizenship and Immigration Services to resume issuing visas in categories that had reached their annual limits.
The fresh supply has allowed dates to advance in several family-sponsored and employment-based categories, although some employment-based categories moved backward to keep visa issuances within quarterly and annual limits.
The reset is particularly significant for some Indian applicants. India's EB-2 category, which had been unavailable in September after reaching its annual limit, reopened with a Final Action Date of November 1, 2013. The unreserved EB-5 category for India also reopened, with a Final Action Date of December 1, 2023.
India's EB-1 Final Action Date also advanced, moving from October 15, 2022, to February 1, 2023.
But the October bulletin brought setbacks elsewhere. The EB-2 Final Action Date for most countries, Mexico and the Philippines moved from current to January 1, 2025, while the EB-3 cutoff for most countries and Mexico moved backward from September 1, 2024, to May 15, 2024.
China also recorded significant movement in the employment-based Dates for Filing chart. The EB-3 filing date advanced from January 8, 2022, to April 1, 2024, while the unreserved EB-5 date moved from March 1, 2017, to March 1, 2021.
There was movement in family-sponsored categories as well. The F2A Final Action Date, covering spouses and unmarried children under 21 of lawful permanent residents, advanced from August 22 to September 22, 2026, for most countries, including China, India and the Philippines.
Immigration attorney Gnanamookan Senthurjothi told Newsweek that the October bulletin represents "meaningful opportunities for Indian green-card applicants," particularly in employment-based categories, but cautioned that applicants should distinguish between the new fiscal year’s reset of visa availability and an actual reduction in the backlog.
"The more interesting development for Indians already in the United States is the Dates for Filing chart," Senthurjothi said.
USCIS will accept employment-based adjustment-of-status applications based on those dates in October, allowing some applicants to file Form I-485 and receive the benefits associated with a pending adjustment application even though their green cards cannot yet be finally approved.
"Therefore, I would describe October as a significant reset for Indian employment-based immigration rather than a broad-based breakthrough in the Indian green-card backlog," Senthurjothi added.
Former senior USCIS official Ricky Murray told Newsweek the "biggest issue is the late release date." He said that, despite "some decent changes" for employment-based applicants from the rest of the world, applicants have "less than two days to get applications and petitions to USCIS." Murray added that this was "unreasonable and in most cases impossible."
"The bad is the final action dates for NIW for the rest of the world that were current and now drop all the way to January 1, 2025. The good is that India's EB-2 and unreserved categories again become available, and they had been unavailable," Murray said.
The Department of State publishes the monthly Visa Bulletin, but USCIS separately determines which chart adjustment-of-status applicants in the United States must use when deciding whether they can file Form I-485.
For October 2026, USCIS has selected the Dates for Filing chart for both family-sponsored and employment-based preference categories.
The distinction is important. The Dates for Filing chart can allow an eligible applicant to submit an adjustment-of-status application before the priority date reaches the Final Action Date.
The Final Action Date still determines when an immigrant visa number can be used for final approval. As a result, an applicant may be permitted to file Form I-485 in October while still having to wait for a later date before the green card can be approved.
Applicants should check both the USCIS filing-chart announcement and the October Visa Bulletin before submitting an application.
October marks the first full month under changes to the public-charge framework used for some green card applications.
The Department of Homeland Security rescinded the 2022 public-charge regulation effective September 18, restoring a broader approach for determining whether an applicant is likely to become primarily dependent on the government for support.
Immigration officers may consider a range of factors, including an applicant's age, health, family situation, finances, assets and liabilities, education and skills.
The change does not mean that using public benefits automatically makes a person ineligible for a green card. Public-charge rules apply only to certain applicants, and exemptions may apply depending on an individual's immigration category and circumstances.
USCIS spokesperson Zach Kahler told Newsweek that the Trump administration was "upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits." He said public-charge decisions are made "case-by-case, based on the person’s overall circumstances, not a single factor or an officer’s personal opinion," with factors potentially including age, health, family situation, finances, education and skills.
"This regulation is a direct assault on immigrant families, and a threat to the health of millions of U.S. citizen children," Protecting Immigrant Families Coalition Executive Director Adriana Cadena said in a news release.
U.S. Citizenship and Immigration Services will raise fees for the EB-5 investor visa program starting November 30, increasing the cost for foreign investors seeking U.S. permanent residency.
The fee for the main investor application will rise from $3,675 to $7,615, while the fee for regional center investors will increase to $7,850.
USCIS said the changes are intended to cover the cost of processing applications, conducting background checks and strengthening oversight of the program. The agency estimates the changes will affect about 16,600 applicants annually.
The rule also creates a $10,330 fee for a new filing available to certain older EB-5 investors whose regional center or project is terminated.
Update, 10/01/2026 5:29 a.m. ET: this article was updated with further information.
