Fiscal year 2027 began on October 1, 2026, marking the start of a new immigrant visa allocation period. Applicants with pending cases should pay attention to the Visa Bulletin, I-485 filing rules, Public Charge requirements, and EB-5 fees. Each of these areas has its own scope and effective date.
For Vietnamese applicants, the important step is to determine which changes are relevant to their individual cases. A general update is most useful when considered together with the applicant’s Priority Date, immigration category, and actual stage of case processing.
Visa Cut-Off Dates Are Adjusted at the Beginning of Fiscal Year 2027
The October Visa Bulletin shows advancement in some categories, while certain employment-based categories under the Rest of World group have retrogressed. The cut-off dates generally applicable to Vietnamese cases are as follows:
| Category | Final Action Dates | Dates for Filing |
| EB-2 | 01/01/2025 | 15/03/2026 |
| EB-3 Skilled/Professional | 15/05/2024 | 01/08/2024 |
| Eb-3 Other Workers | 01/01//2022 | 01/06/2022 |
Source: U.S. Department of State. EB-3 Unskilled applicants should refer to the Other Workers row and avoid using the Skilled/Professional cut-off date. When the Visa Bulletin lists a cut-off date, the applicant’s Priority Date must be earlier than the applicable date.
For preparation, applicants should record their immigration category and Priority Date in a tracking table. Updating the correct applicable row each month can help reduce confusion when reading general headlines about EB-3.
USCIS Uses the Dates for Filing Chart for October
According to USCIS information reported by AILA, the Dates for Filing chart is used in October 2026 for family-sponsored and employment-based preference categories when determining when applicants may file Adjustment of Status applications in the United States.
Dates for Filing relate to when an application may be filed under the applicable guidance. Final Action Dates relate to when a visa may be issued or final approval may occur based on visa number availability. The two charts serve different purposes.
Form I-485 is used for the Adjustment of Status process within the United States. Applicants processing through a U.S. consulate should follow NVC guidance; Dates for Filing may relate to preparing and submitting documents when instructed. Reaching the filing date does not mean that a visa will be issued immediately.
If you are in the United States, you should consult an attorney regarding the applicable chart, case eligibility, and required forms before filing. If you are in Vietnam, review the notices you have received and any documents that need to be supplemented rather than inferring the progress of your case from news about I-485.
Public Charge Is Evaluated Under New Guidance
DHS issued a rule rescinding the 2022 Public Charge framework, effective September 18, 2026. Therefore, this change took place before the beginning of fiscal year 2027 and should be distinguished from the October visa allocation process.
According to USCIS guidance, the assessment considers the totality of the circumstances, including age, health, family status, assets and financial resources, education, and skills. Certain categories are exempt from the requirement; ordinary employment-based categories are not automatically exempt.
The guidance also distinguishes between benefits received before and on or after September 18, 2026. The scope of consideration for benefits received from that date is broader. Decisions are made on a case-by-case basis based on the relevant evidence.
People with a history of receiving public benefits should prepare information about the type of benefit, the recipient, and when it was received so that an attorney can evaluate the circumstances. Applicants should not conclude that their case will be denied based on a single piece of information.
The appropriate approach is to compile documents honestly and ask specific questions. A general overview cannot replace an assessment of each individual’s circumstances under the applicable guidance.
New EB-5 Fees Take Effect on November 30, 2026
The new EB-5 fee rule was published on September 30, 2026, and takes effect on November 30, 2026. Petitions postmarked on or after the effective date must include the fees required under the new rule.
The fee for Form I-526 for standalone investors increases from $3,675 to $7,615. For an initial Form I-526E filing through a regional center, the new fee is $7,850; the separate Integrity Fund fee is $1,100, bringing the total of these two fees to $8,950.
The $7,615 and $7,850 amounts include a $75 technology fee. These amounts do not represent the total cost of the investment or the entire immigration process. Investors should review payment instructions and applicable dates when preparing to file.
Those considering EB-5 should request an itemized breakdown of all costs. The timing of filing should also be considered together with the completeness of the case.
Prepare Your Case Based on Your Actual Circumstances
When following developments in fiscal year 2027, start with three questions: What immigration category is your case in? What is your Priority Date? What stage of processing has your case reached? From there, determine which matters need to be discussed with the organization handling your case.
TGA provides consultation for EB-3 programs with a Supermarket Employee position in Indiana and an Automotive Technician position in Georgia, working directly with U.S. employers. Job selection should be considered together with the applicant’s experience and family plans.
If you would like to learn more about the program or prepare questions about your case, leave your phone number or call 0815 999 221. TGA will review your needs and discuss a suitable consultation approach.
