Open Atlas #49: Green Card Warnings, U.S. Jobs Data & What’s Changing for H-1B Workers


Hello Reader,

Happy Wednesday. ✨

As fiscal year 2026 winds down, the pressure is building for employment-based Green Card applicants — especially from India, where EB-2 and EB-5 remain unavailable and EB-1 itself may run out of numbers before September 30. Add a hard September 30 deadline to switch to the new Form I-864, and this is a month where dates matter as much as documents. On the careers side, the labor market is sending mixed signals: a modestly improving employment outlook is colliding with an intensifying debate over H-1B costs and what it means for who gets sponsored next. Here's what you need to know.

The Open Atlas Weekly Bulletin

September Visa Bulletin: What Indian Applicants Need to Know

The U.S. Jobs Outlook Improved in August

The H-1B Debate Is Also a Debate About American Jobs

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Now, onto the newsletter.

📗 Immigration

September Visa Bulletin: EB-2 and EB-5 India Unavailable as FY2026 Nears Its End

The September 2026 Visa Bulletin brought little movement for Indian employment-based applicants. EB-1 India remains at October 15, 2022, while EB-2 India and unreserved EB-5 India are unavailable for final action. The bigger concern is what could happen before the fiscal year closes on September 30: the State Department has warned that EB-1 India could also become unavailable if visa numbers are exhausted, while EB-2 and EB-5 Unreserved could face further retrogression or unavailability.

Read more: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html

USCIS Gives Sponsors Until September 30 to Use the Old Form I-864

USCIS has given sponsors a 30-day grace period to transition to the new Form I-864, Affidavit of Support. The older 10/17/24 edition can still be filed through September 30, 2026, while only the new 08/24/26 edition will be accepted from October 1. The new form also allows USCIS to request certain information directly from consumer reporting agencies, making it important for sponsors with credit or security freezes to respond quickly if asked to lift them.

Read more: https://manifestlaw.com/news/uscis-new-i864-edition-08-31-2026

Indian Green Card Applicants Face Another Warning as Backlog Estimates Reach 179 Years

Indian professionals continue to face one of the toughest employment-based Green Card backlogs. The State Department has warned that EB-1 India could become unavailable before September 30, while EB-2 India and unreserved EB-5 are already unavailable for final action. At the same time, an analysis from the National Foundation for American Policy estimates that a newly sponsored Indian EB-2 applicant could face a theoretical wait of 179 years under current demand and statutory limits. It is not an official processing time, but it shows the scale of the backlog created by annual visa limits and per-country caps.

Read more: PTC News | New York Post


💫Career Resources

The U.S. Employment Outlook Improved in August
The U.S. labor market showed a positive signal in August, with The Conference Board’s Employment Trends Index rising to 108.53 from 107.76 in July and sitting about 2% higher than a year ago. Improvements came from lower involuntary part-time employment, better perceptions of job availability and higher temporary-help employment, suggesting that despite broader uncertainty, the employment outlook remains relatively resilient.

Read more: The Wall Street Journal


The H-1B Debate Is Also a Debate About American Jobs

The debate around proposed higher H-1B costs, including a $100,000 fee, is increasingly becoming a debate about the U.S. labor market itself. Critics argue the program can create wage pressure and competition for American workers, while supporters say skilled immigrants help companies fill talent gaps, improve productivity and drive innovation. For international professionals, the outcome could directly affect which companies are willing to sponsor workers and which roles remain economically viable for H-1B hiring.

Read more: PBS NewsHour

WEBINAR ALERT

Building Stronger O-1 & EB-1A Cases : The Role of Evaluations & Expert Evidence
Strong credentials alone don't always win an O-1 or EB-1A petition — the real challenge is proving to USCIS exactly why your achievements meet the criteria. Join Dr. Zach G. Zacharia, Director of Client Services at Carnegie Evaluations, for a practical look at how expert evaluations and opinion letters can strengthen your case, add credibility, and help close common evidence gaps.

📅 September 11, 2026 | 11 AM PT | Free | Online via Zoom

Register now

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Until next week, stay awesome.

Yours truly,

Team Open Atlas 💙

💡 None of the information shared in this newsletter is meant to be legal advice. If you're looking for legal advice, speak to a lawyer.

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