10
Loading video...
By Billal Rahman
Immigration Reporter
0
Share
Newsweek is a Trust Project member
See more of our trusted coverage when you search.Prefer Newsweek on Googleto see more of our trusted coverage when you search.
Thousands of immigrants seeking green cards will face a mixed outlook beginning in August, with family-sponsored applicants benefiting from advancing visa dates while some employment-based categories risk becoming unavailable before the fiscal year ends.
At the same time, applicants preparing green card filings are also watching a new public charge rule scheduled to take effect in September, along with updated application forms expected from U.S. Citizenship and Immigration Services (USCIS).
The Trump administration has tightened restrictions on legal immigration, introducing new policies and procedural changes that critics say have made obtaining a green card more difficult and increased uncertainty for applicants.
Read More
Here’s Who’s Getting US Green Cards: Latest Annual DHS Data4 min read
Trump Voter Angry as ICE Take Nanny—‘I Thought We Were Targeting Criminals’7 min read
ICE Deports Army Veteran’s Wife After Detaining At Green Card Interview6 min read
...
August Visa Bulletin Takes Effect
USCIS has confirmed that family-sponsored applicants filing adjustment-of-status applications during August may use the Department of State's more favorable "Dates for Filing" chart. Employment-based applicants, however, must continue using the more restrictive "Final Action Dates" chart.
The monthly determination is significant because it dictates who can submit Form I-485 to adjust status to lawful permanent resident. Even if a priority date appears current under one chart, applicants may not file unless USCIS authorizes use of that chart for the month.
The August Visa Bulletin also reflects continuing pressure on annual immigrant visa limits as the government approaches the end of Fiscal Year 2026 on September 30.
Family-Sponsored Categories Move Forward
Family-sponsored immigrants received the most encouraging news in August.
The F2A category, covering spouses and unmarried children under age 21 of lawful permanent residents, recorded one of the largest advances in the latest Visa Bulletin. Other family preference categories, including F1, F2B, F3 and F4, also moved forward.
The changes mean additional applicants who were previously waiting may now become eligible to file adjustment-of-status applications or receive decisions on pending cases, depending on their priority dates and country of birth.
For many families who have spent years monitoring monthly Visa Bulletin updates, even modest advances can reduce anticipated waiting times.
Employment-Based Backlogs Continue
The outlook remains far more challenging for employment-based immigrants.
Although the August bulletin brought limited progress in some classifications, high-demand categories remain heavily oversubscribed.
Among the notable changes:
- EB-1 China advanced.
- EB-3 Worldwide moved forward modestly.
- EB-2 India remains unavailable.
- EB-5 Unreserved India remains unavailable.
The State Department also warned that exceptionally high demand could cause EB-1 India to become unavailable before the end of the fiscal year if annual visa limits are exhausted.
Immigration attorneys Gnanamookan Krishnan Senthurjothi and Veena Vijay Ananth, founders of The Visa Code, told Newsweek the August Visa Bulletin "offers little relief for Indian employment-based green card applicants," noting that EB-2 India remains unavailable while EB-3 India shows "no meaningful forward movement."
They said the State Department's warning that EB-1 India could also become unavailable before the end of the fiscal year reflects "unprecedented demand for employment-based immigrant visas rather than any change in immigration policy," highlighting the continuing impact of per-country limits on Indian professionals.
For Indian employment-based applicants facing "unavailable" status, attorneys often recommend maintaining a valid nonimmigrant status—such as H-1B—while waiting for visa numbers to reopen, and, where eligible, exploring alternative immigration options such as EB-1 classifications, the National Interest Waiver (NIW), or family-based immigration pathways.
Visa Numbers Running Low
August also marks one of the final months before the federal government resets annual immigrant visa allocations.
Employment-based immigrant visas are subject to yearly numerical limits. As those limits near exhaustion before September 30, additional categories can retrogress or become unavailable until a new supply of visa numbers becomes available at the beginning of the next fiscal year in October.
Immigration attorneys routinely advise applicants to monitor monthly Visa Bulletin updates closely during the closing months of each fiscal year.
Public Charge Rule Brings More Changes
Beyond the Visa Bulletin, applicants are also preparing for a major policy change announced by the Department of Homeland Security.
The department has finalized a rule rescinding the 2022 Biden administration regulation governing public charge determinations. The new rule is scheduled to take effect September 18.
Public charge reviews apply to many applicants seeking lawful permanent residence and assess whether an individual is likely to become primarily dependent on government assistance.
Under the restored framework, immigration officers may consider a broader range of factors, including an applicant's age, health, family status, financial resources, assets, liabilities, education, skills, and affidavit of support when evaluating eligibility for permanent residence.
New Green Card Form Expected
USCIS said it will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status, before the new public charge rule takes effect on September 18. The agency said older versions of the form postmarked or submitted electronically on or after the effective date will not be accepted, meaning applicants filing later this year will need to use the updated edition.
What Applicants Should Watch
For many immigrants, August represents a pivotal month in the green card process.
Family-sponsored applicants are benefiting from some of the strongest Visa Bulletin movement in recent months, while employment-based applicants continue to contend with limited visa availability and the possibility of additional restrictions before the fiscal year ends.
Meanwhile, applicants preparing future filings must also account for upcoming changes to public charge reviews and revised USCIS forms, making the next several weeks an important period for anyone planning to seek permanent residence in the United States.
Contact Newsweek editors on this story: John Fitzpatrick and James Debens
View 0 Comments
Submit Correction
View Editorial & AI Guidelines