October 8, 2025

Beyond EB-5: October 2025 Momentum in EB-1/EB-2/EB-3 and How Counsel Should Respond

  • The October 2025 Visa Bulletin advances most employment-based categories as the new fiscal year opens, enabling earlier filings and faster movement across EB‑1, EB‑2, and EB‑3 for many applicants.
  • USCIS will use the Dates for Filing chart for all employment-based categories in October, unlocking early adjustment filings for thousands of AOS-eligible applicants.
  • Highlights: EB‑1 is current for most; EB‑1 China at Dec 22, 2022; EB‑2 All Other at Dec 1, 2023 (China Apr 1, 2021); EB‑3 All Other at Apr 1, 2023 (China Mar 1, 2021; India Aug 22, 2013).
  • EB‑5 India jumps approximately 14 months to a Feb 1, 2021 final action cutoff, accelerating investor timelines.
  • Counsel should re-screen priority dates immediately, pre‑stage full filings, and adjust inventory for October filings as eligibility expands.

The October 2025 Visa Bulletin matters because it reopens filing windows for thousands across EB‑1, EB‑2, and EB‑3 right as new annual visa numbers are released. With USCIS using the Dates for Filing chart, employment-based immigration timelines can accelerate, and corporate and private-client teams have real opportunities to move green card cases now.

Table of Contents

  1. Overview: October 2025 Visa Bulletin — broad forward movement in employment‑based categories
  2. Country‑specific shifts in EB‑1
  3. EB‑2 and EB‑3 — what changed for China
  4. India and other chargeability areas
  5. EB‑5 investor category gains and near‑term implications for investors (with focus on India movement)
  6. USCIS will use the Dates‑for‑Filing chart in October — immediate practical effects for adjustment‑of‑status applicants
  7. Quantifying the benefit: visa cap context and concrete timeline gains (months of relief for Indian and Chinese applicants)
  8. Immediate counsel priorities: who to file for now

Overview: October 2025 Visa Bulletin — broad forward movement in employment‑based categories

With the start of the federal fiscal year (FY2026), the October 2025 Visa Bulletin advances most employment-based categories, opening filing pathways that were closed for much of the past year. This annual reset is anchored in the statutory employment-based worldwide limit of 140,000 immigrant visas, which replenishes each October.

For employers and private clients, this means priority dates that were previously too recent may now qualify either to file adjustment of status (AOS) using the filing chart in October or to be finalized when the case is already pending and the final action date (FAD) becomes current.

Country‑specific shifts in EB‑1

EB‑1 remains current for most chargeability areas in October 2025, preserving immediate visa availability for those categories. Two notable country-specific notes:

  • China (EB‑1): The EB‑1 China final action date improves to December 22, 2022.
  • India (EB‑1): Practitioners report roughly 14 months of additional eligibility on the Dates for Filing chart for Indian nationals, expanding near‑term filing opportunities.

EB‑2 and EB‑3 — what changed for China

China sees material forward movement in both EB‑2 and EB‑3 final action cutoffs in October:

  • EB‑2 China: FAD advances to April 1, 2021.
  • EB‑3 China: FAD advances to March 1, 2021.

On the filing chart, the October window is notably generous, with observers noting approximately 10 months of additional EB‑3 filing time for Chinese nationals, enabling earlier AOS filings where eligible.

India and other chargeability areas

Movement is mixed but generally positive across India and "All Chargeability Areas Except Those Listed" for EB‑2 and EB‑3:

  • EB‑2, All Other: Final action cutoff advances to December 1, 2023.
  • EB‑3, All Other: Final action cutoff advances to April 1, 2023.
  • EB‑3 India: Final action cutoff advances to August 22, 2013.

Across employment-based categories, practitioners describe "moderate movement" in final action dates as the fiscal year opens, which will shape case sequencing and inventory planning for Q4 filings.

EB‑5 investor category gains and near‑term implications for investors (with focus on India movement)

EB‑5 also participates in the October momentum. The EB‑5 India final action cutoff jumps by approximately 14 months to February 1, 2021, giving investors a clearer path to finalization and enabling strategic filing activity in October.

Because USCIS is using the Dates for Filing chart in October for all employment-based categories, EB‑5 adjustment applicants physically present in the U.S. may be able to file earlier where their priority date meets the Filing chart cutoff, even if the Final Action date is not yet current.

Investors considering a diversified residency strategy may also compare timelines and costs with alternative options outside the U.S. For instance, Armenia offers investor-friendly avenues for investment, real estate, and residency permits that can complement a U.S. EB‑5 plan.

USCIS will use the Dates‑for‑Filing chart in October — immediate practical effects for adjustment‑of‑status applicants

USCIS has confirmed it will rely on the Dates for Filing chart for employment-based categories in October 2025. This gives many applicants a chance to submit I‑485 adjustment applications earlier than they could under the Final Action chart.

Practitioners anticipate a "significant jump in eligible AOS applicants," and advise filing immediately in October where eligible. Importantly, once filed, adjustment cases can remain pending while waiting on the Final Action date to become current for green card approval.

Quantifying the benefit: visa cap context and concrete timeline gains (months of relief for Indian and Chinese applicants)

Two data points illustrate why October deserves priority attention:

  • Annual supply resets: The employment-based worldwide limit is 140,000 visas annually, with new numbers released each October, typically allowing forward movement as FY opens.
  • Extra filing runway in key categories: Observers report about 14 months of additional EB‑1 filing eligibility for Indian nationals and about 10 months extra for EB‑3 China on October's Filing chart, facilitating earlier filings and associated case benefits.

Note: Approval still depends on the applicant's priority date being earlier than the Final Action cutoff at the time of adjudication, even if filing was permitted earlier under the Dates for Filing chart.

Immediate counsel priorities: who to file for now

October's window will be short and busy. Immigration counsel should triage by ready-to-file cases where the priority date meets the Dates for Filing chart and evidence is on standby. Consider the following:

Category/Area October 2025 FAD highlight Action focus
EB‑1 (most countries) Current File immediately if I‑140 approved and AOS-eligible
EB‑1 China Dec 22, 2022 (FAD) Pre-stage AOS where PD is earlier
EB‑2 All Other Dec 1, 2023 (FAD) Leverage Filing chart for earlier I‑485 if eligible
EB‑2 China Apr 1, 2021 (FAD) Evaluate AOS filing under October's Filing chart
EB‑3 All Other Apr 1, 2023 (FAD) Push AOS packages while filing window is open
EB‑3 China Mar 1, 2021 (FAD) Exploit extra approximately 10 months on Filing chart
EB‑3 India Aug 22, 2013 (FAD) Pre-file I‑485 where Filing chart permits; stage long-lead docs
EB‑5 India Feb 1, 2021 (FAD) Align I‑526E/I‑485 strategy with October Filing chart

Readiness checklist for October filings

  • Re-verify priority dates against October's Filing chart, not just Final Action.
  • Confirm I‑140 approvals and job offer continuity where required (category-specific).
  • Pre‑collect civil docs, medicals (as strategy dictates), and employer support letters to avoid bottlenecks.
  • For mixed portfolios (employment and investor), re‑sequence case filing order based on the widest October eligibility window.
  • Clients simultaneously exploring alternative global options can weigh timelines and cost against regional strategies like Armenia's business registration, tax, and citizenship routes as part of a resilient mobility plan.

Conclusion

The October 2025 Visa Bulletin brings real momentum in EB‑1/EB‑2/EB‑3 movement and a broader October filing window that can meaningfully improve employment-based immigration timelines. Corporate and private-client teams should act now: re-check priority dates against the Dates for Filing chart, pre‑stage complete filings, and recalibrate inventory to capture this month's expanded eligibility. For tailored strategy across U.S. and alternative jurisdictions, contact us.

FAQ

Which chart will USCIS use for employment-based adjustment filings in October 2025?

USCIS will use the Dates for Filing chart for all employment-based categories in October 2025, allowing many applicants to file earlier than the Final Action chart would permit.

What are the key October 2025 EB‑1/EB‑2/EB‑3 final action cutoffs?

Highlights include: EB‑1 current for most; EB‑1 China at Dec 22, 2022; EB‑2 All Other at Dec 1, 2023 (China Apr 1, 2021); EB‑3 All Other at Apr 1, 2023 (China Mar 1, 2021; India Aug 22, 2013).

How did the EB‑5 category change for India in October 2025?

The EB‑5 India final action cutoff advanced by roughly 14 months to February 1, 2021, improving timeline prospects for Indian investors.

Can I file I‑485 if my priority date meets the Filing chart but not the Final Action chart?

Yes—when USCIS designates the Filing chart for a given month, applicants whose priority dates are earlier than the Filing chart cutoff may file I‑485. Final approval still requires the Final Action date to be current at adjudication.

How much earlier can some applicants file in October 2025?

Reports indicate roughly 14 months of extra EB‑1 filing eligibility for Indian nationals and about 10 months for EB‑3 Chinese nationals on the October Filing chart.

Disclaimer: The content on this page is for general informational purposes only and should not be relied upon as legal, financial, or professional advice. While we strive to ensure accuracy, the information may be incomplete, outdated, or subject to change without notice. Readers should consult a qualified professional before making any decisions based on the content provided. We do not accept any responsibility for errors, omissions, or outcomes related to the use of this information.

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