Employment-based green card applicants face potential delays if visa numbers run out before September 30, with EB-1 India on notice that the category could become unavailable before the end of the fiscal year. At the same time, new policy guidance on how USCIS determines public charge takes effect on September 18, 2026, expanding the benefits officers can consider when reviewing I-485 applications. These overlapping deadlines create urgent timing issues for practitioners advising clients.
What changed
EB-2 India and EB-5 unreserved India are already unavailable, while the State Department says other employment-based categories could face retrogression or unavailability if demand causes their limits to be reached. EB-1 India remains available in September, but high demand and visa-number use by applicants chargeable to India may require EB-1 India to become unavailable in the coming weeks if the country’s prorated limit is reached before the fiscal year ends.
The public charge rule shift is equally significant. Starting September 18, 2026, USCIS officers will have much broader discretion to consider a wide range of public benefits and personal circumstances. Specifically, USCIS officers will be able to weigh a wider range of public benefits, including food stamps, Medicaid, and housing vouchers, when deciding whether to approve a green card application.
Applications filed before September 18, 2026, will generally be reviewed under the 2022 rule. Applications filed on or after September 18, 2026, will be reviewed under the new public charge framework. USCIS has announced that it will publish a revised Form I-485, and older editions postmarked or electronically submitted on or after September 18 will not be accepted.
Why it matters
The EB-1 India deadline creates immediate risk for clients with current priority dates. Applicants who are already eligible to file should avoid unnecessary delays and check the applicable USCIS filing chart before submitting an adjustment-of-status application. If EB-1 India becomes unavailable before September 30, no further visas will be approved until October 1, 2026, when FY 2027 numbers reset.
For practitioners, the public charge rule change requires reassessing financial documentation and client counseling. Applications will be adjudicated based on the postmark or electronic submission date: on or after September 18, 2026, the new 2026 guidance applies; between December 23, 2022 and September 17, 2026, the 2022 rule applies. This creates a sharp dividing line: the same household benefit history may be treated very differently depending on when the I-485 is filed.
Practitioners should note that using a public benefit does not automatically kill a green card case, but benefits that previously might not have been viewed as relevant to an immigration case could now become part of the assessment, making financial history and preparation more important for applicants subject to the public-charge ground.
Way forward
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For EB-1 India clients: File immediately if your client’s priority date is current under the September 2026 Visa Bulletin (October 15, 2022 final action date). Do not delay waiting for additional visa bulletins or consular interview scheduling; visa numbers may become exhausted within days.
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For I-485 filers near the September 18 cutoff: If your client is subject to public charge review and you have not yet filed, decide tactically whether to file before September 18 under the narrower 2022 standard or wait for the new form and guidance. Filing before the deadline preserves the lighter burden if the client has modest public benefit history. Consult with the client on financial documentation needs under both frameworks.
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Form preparation: Obtain and use only the updated Form I-485 edition effective September 18, 2026. USCIS will reject older versions submitted on or after that date. Confirm the edition number before filing.
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Financial documentation: For all clients subject to public charge, compile comprehensive documentation of income, assets, employment history, education, and family ties. Under the new rule, USCIS will conduct a holistic review, not a bright-line test. An Affidavit of Support (Form I-864) remains important but is no longer sufficient on its own.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola Form is a software company, not a law firm. Immigration law is complex and changes frequently; these rules may be modified without notice. Always verify the current policy and procedural requirements against the primary source at https://www.newsweek.com/green-card-update-applicants-could-face-delays-september-deadline-12414020 and consult a licensed immigration attorney for advice tailored to your specific circumstances before filing any application or taking action based on this guidance.