Short answer: the federal government’s 2027 fiscal year begins on October 1, 2026, and seven immigration changes arrive with it. Three deadlines close the day before: DV-2026 eligibility, EB-5 grandfathering, and the old Form I-864. On October 1, annual visa numbers reset, social media screening expands to I, TN, and TD applicants, and immigration court fees go up. The H-2B cap for the first half of the year is already full.
The October 2026 Visa Bulletin had not come out as of September 25. We will update this article once it does.
What you will find in this article
- The three deadlines that close on September 30
- The four changes that start on October 1, and who they affect
- The October calendar
- A to-do table by situation
- What to check in the October Visa Bulletin
Quick overview
| Question | Short answer |
|---|---|
| When does DV-2026 end? | September 30, 2026. No visa can issue after that. |
| Why does September 30 matter for EB-5? | Filing cutoff for grandfathering. The program runs through 2027. |
| How long does USCIS take the old I-864? | Through September 30. Then only the 08/24/26 edition. |
| Will the government shut down on October 1? | No. A stopgap runs through December 11, 2026. |
October 1 immigration changes: the date table
| Date | What happens | Who it affects |
|---|---|---|
| Sept. 30 | DV-2026 eligibility ends | DV-2026 selectees |
| Sept. 30 | Last filing day for EB-5 grandfathering | Regional center investors |
| Sept. 30 | Last day for the old Form I-864 | Family sponsors |
| Oct. 1 | FY2027 begins, annual limits reset | Green card applicants |
| Oct. 1 | Social media screening adds I, TN, and TD | Journalists, TN families |
| Oct. 1 | EOIR fees rise | People in immigration court |
| Oct. 1 | H-2B first-half cap already reached | Seasonal employers |
| Oct. 2 | Status conference in the D/S case | F-1 and J-1 students |
| Oct. 5 | Supreme Court term opens | Everyone |
| Oct. 13 | Comments close on the e-filing rule | USCIS filers |
| Around Oct. 18 | Labor Department LCA review begins | H-1B employers |
| Nov. 10 | Comments close on the 60-day grace period proposal | Nonimmigrant workers |
Three deadlines that close before the October 1 changes
DV-2026 ends on September 30
Under the statute, a diversity visa selectee remains eligible only through the end of the fiscal year of selection. Unused numbers do not carry over. In Goodluck v. Biden, the D.C. Circuit held in 2024 that courts cannot order the State Department to keep processing diversity visas after that year ends.
After a late-August court ruling, the State Department told consulates on September 10 to resume processing. Still, a September 24 report found little real movement at most posts. Complete files decide DV-2026’s final two weeks.
Who it affects: DV-2026 selectees without a visa yet. Those adjusting status in the U.S. need an approval by September 30.
EB-5: the last day for grandfathering protection
September 30, 2026 is the filing cutoff for EB-5 grandfathering, not the day the Regional Center Program closes. The EB-5 Reform and Integrity Act of 2022 directs DHS to keep processing regional center petitions filed by that date, even if the program later lapses. The program itself runs through September 30, 2027.
What counts is when a properly filed Form I-526E reaches USCIS, not when you wire the funds. Grandfathering also does not guarantee approval.
Who it affects: Regional center investors yet to file. Standalone EB-5 does not depend on this protection.
The last day for the old Form I-864
On August 31, USCIS released the 08/24/26 edition of Forms I-864, I-864A, and I-864EZ. It authorizes USCIS and the State Department to pull the sponsor’s credit report. After AILA sued on September 3, USCIS added a 30-day grace period. It accepts the 10/17/24 edition if you mail or e-file it by September 30.
From October 1, only the new edition works. USCIS has said it will treat an older edition as missing evidence, which usually means a request for evidence and a delay. The credit check sits alongside public charge among the new green card rules for 2026.
Who it affects: Sponsors, joint sponsors, and household members in family-based cases, including consular cases.
What immigration changes start on October 1?
October 1 changes to the visa year and the Visa Bulletin
The law sets annual floors of 226,000 family-preference and 140,000 employment-based immigrant visas, and the count restarts each fiscal year. However, a reset does not make every category current; the monthly Visa Bulletin sets the dates.
A State Department declaration, quoted in a September 1 government filing in the Gold Card lawsuit, says the worldwide EB-2 limit was reached on August 25, 2026. It adds that EB-2 numbers return with FY2027 and that EB-1 could run out in mid-September. Only the October bulletin will show the practical effect.
The October bulletin had not appeared on the State Department’s bulletin page as of September 25, so we offer no predicted dates. We will update our October 2026 Visa Bulletin page then. I-485 filers should also check which chart USCIS accepts that month.
Who it affects: Applicants in family and employment-based lines, especially EB-2 and NIW cases.
Social media screening expands to I, TN, and TD visas
Starting October 1, the State Department extends its online presence review to I, TN, and TD applicants. It asks them to set all social media profiles to “public” or “open.” The same instruction already covers F-1 students, J visitors, and H-1B workers.
Who it affects: Journalists on I visas. Only Canadians and Mexicans can hold TN status. A TN worker’s spouse or child from a country such as Turkey, however, needs a TD visa from a consulate.
Immigration court (EOIR) fees go up
The Justice Department adjusted the immigration court fees created by the 2025 reconciliation law for inflation. The new amounts apply to filings on or after October 1:
| Filing | FY2027 total fee |
|---|---|
| EOIR-26 appeal of a judge’s decision | $1,060 |
| Motion to reopen or reconsider | $1,095 |
| EOIR-42A cancellation (permanent residents) | $730 |
| EOIR-42B cancellation (nonpermanent residents) | $1,690 |
Biometrics fees come on top.
Who it affects: Anyone in removal proceedings who plans to appeal or file a motion in October.
H-2B: the first-half cap is already full
The H-2B cap is 66,000 a year. No more than 33,000 can go to workers starting in the first half of the fiscal year. USCIS announced on September 11 that it had reached that cap for FY2027, with a final receipt date of September 4. It rejects later cap-subject petitions that ask for a start date before April 1, 2027.
Who it affects: Employers planning seasonal hires for October through March. They must aim for April 1 or watch for supplemental visas.
The October calendar, from October 2 to October 18
- October 2, the D/S case: A federal court in Massachusetts blocked the rule ending duration of status on September 14. A status conference follows on October 2. Because the D/S rule is blocked, students still enter in D/S.
- October 5, the Supreme Court: The new term opens on October 5. A detention case set for October, Genalo v. Black, fell off as moot, and the government refiled the question on September 21.
- October 13, the e-filing rule: Comments on the DHS rule close on October 13. No form requires online filing yet, and we do not expect USCIS mandatory e-filing before early 2027.
- Around October 18, the LCA review: The September 18 executive order gives the Labor Department 30 days to start reviewing past LCA data. The H-1B executive order puts layoff history in play, and a same-day proclamation extended the $100,000 H-1B fee to 2027.
- Funding through December 11: The President signed H.R. 6500 on September 2, funding agencies through December 11, 2026, so no October 1 shutdown is expected.
What to do, by situation
| Your situation | By September 30 | October 1 and after |
|---|---|---|
| DV-2026 selectee | Keep documents current and follow up daily. | Eligibility ends. Ignore “extension” promises. |
| EB-5 investor | File a complete I-526E early. | New petitions may fall outside grandfathering. |
| Family sponsor | Avoid last-minute filings on the old edition. | Use the 08/24/26 edition and answer credit freeze requests fast. |
| Immigrant visa applicant abroad | Watch NVC and consulate notices. | We found no official end date for the August interview pause. |
| Journalist or TN/TD family | Review your accounts and DS-160 handles. | Set profiles to public. |
| H-1B employer or worker | Gather the past year’s layoff records. | FY2027 cap employment can start on October 1. |
When the October Visa Bulletin comes out
Once the bulletin appears, we will add:
- EB-2 (including NIW) and EB-3 dates for Turkey-born applicants
- Worldwide family preference dates
- Which chart USCIS accepts for Form I-485 in October
Until then, “October dates” on social media are only predictions.
Common mistakes with the October 1 immigration changes
- Treating September 30 as a flexible target
- Confusing the EB-5 wire date with the filing date
- Filing the 10/17/24 Form I-864 on or after October 1
- Assuming a quota reset makes every category current
- Leaving a deleted account off the DS-160
- Paying the old fee on an immigration court appeal
Short checklist
- Are your DV-2026 documents valid through September 30?
- Will your EB-5 petition reach USCIS by September 30?
- Does your sponsor’s I-864 carry the 08/24/26 edition date?
- Will you recheck your priority date in October?
- Applying for an I, TN, or TD visa? Are your profiles public?
- Sponsoring H-1B workers? Are your layoff records ready?
Frequently asked questions
Which immigration changes take effect on October 1, 2026?
A new visa year begins, social media screening expands, and EOIR fees rise. DV-2026, EB-5 grandfathering, and the old I-864 end the day before.
Can DV-2026 selectees get a visa after September 30?
No. Eligibility ends with the fiscal year of selection, and courts cannot extend it.
Will USCIS accept the old I-864 after the October 1 changes?
USCIS will treat it as missing evidence, which usually means a request for evidence and a delay.
Has the October 2026 Visa Bulletin come out?
Not as of September 25, 2026, and the State Department has announced no release date.
Could a government shutdown on October 1 delay immigration cases?
Not this fall. The stopgap signed on September 2 runs through December 11, 2026.
Does the social media rule affect Turkish citizens?
Yes, for journalists seeking I visas and Turkish family members of TN workers.
Conclusion: plan around the October 1 immigration changes now
September’s last days decide DV-2026 and EB-5 filings, and the right form edition keeps family cases moving. Once the October bulletin appears, recheck your priority date.
To review how these deadlines affect your case, contact Clinch Law.
Legal information notice
This content is general information only. It is not legal advice, does not create an attorney-client relationship, and does not guarantee any outcome. We will update this article when the October 2026 Visa Bulletin comes out. Legal information checked on: September 25, 2026.
