Quick Hits
- USCIS will continue to accept adjustment of status filings based on the Dates for Filing Chart in February 2026.
- All EB-3 categories advance, except India and China-mainland.
- EB-4 Certain Religious Workers (SR) is Unavailable (U) in February 2026 due to the program’s sunset on January 30, 2026.
Final Action Dates
The final action dates in the EB-3 category advance for all countries except for China-mainland and India in the February 2026 Visa Bulletin. Additionally, the EB-4 Certain Religious Workers subcategory is unavailable (U) for all countries in February 2026. No movement is shown for all other categories.
- EB-1: No movement is shown. The final action date for China-mainland and India remains February 1, 2023; all other countries continue to be current.
- EB-2: No movement is shown.
- EB-3: All countries advance except for China-mainland (which remains at May 1, 2021) and India (which remains at November 15, 2013). All other countries advance by just over one month to June 1, 2023.
- EB-4: No movement is shown.
- EB‑4 Certain Religious Workers: Unavailable (U).
- EB-5: No movement is shown.
| Employment- based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01FEB23 | 01FEB23 | C | C |
| 2nd | 01APR24 | 01SEP21 | 15JUL13 | 01APR24 | 01APR24 |
| 3rd | 01JUN23 | 01MAY21 | 15NOV13 | 01JUN23 | 01JUN23 |
| Other Workers | 01SEP21 | 08DEC18 | 15NOV13 | 01SEP21 | 01SEP21 |
| 4th | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 | 01JAN21 |
| Certain Religious Workers | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5, NU, RU) | C | 15AUG16 | 01MAY22 | C | C |
| 5th Set Aside: Rural (20%, including NR, RR) | C | C | C | C | C |
| 5th Set Aside: High Unemployment (10%, including NH, RH) | C | C | C | C | C |
| 5th Set Aside: Infrastructure (2%, including RI) | C | C | C | C | C |
Source: U.S. Department of State, February 2026 Visa Bulletin, Final Action Dates Chart
Dates for Filing
The dates for filing in the EB-3 category advance for all countries except for China-mainland and India in the February 2026 Visa Bulletin. Additionally, the EB-4 Certain Religious Workers subcategory is Unavailable (U) for all countries in February 2026. No movement is shown for all other categories.
- EB-1: No movement is shown. August 1, 2023, remains the date for filing for China-mainland and India. All other countries remain current. EB-2: No movement is shown.
- EB-3: All countries advance except for China-mainland and India. All other countries advance by three months to October 1, 2023.
- EB-4: No movement is shown.
- EB‑4 Certain Religious Workers: Unavailable (U).
- EB-5: No movement is shown.
| Employment-based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | 01AUG23 | 01AUG23 | C | C |
| 2nd | 15OCT24 | 01JAN22 | 01DEC13 | 15OCT24 | 15OCT24 |
| 3rd | 01OCT23 | 01JAN22 | 15AUG14 | 01OCT23 | 01OCT23 |
| Other Workers | 01DEC21 | 01OCT19 | 15AUG14 | 01DEC21 | 01DEC21 |
| 4th | 15MAR21 | 15MAR21 | 15MAR21 | 15MAR21 | 15MAR21 |
| Certain Religious Workers | U | U | U | U | U |
| 5th Unreserved (including C5, T5, I5, R5) | C | 22AUG16 | 01MAY24 | C | C |
| 5th Set Aside: (Rural: NR, RR – 20%) | C | C | C | C | C |
| 5th Set Aside: (High Unemployment: NH, RH – 10%) | C | C | C | C | C |
| 5th Set Aside: (Infrastructure: RI – 2%) | C | C | C | C | C |
Source: U.S. Department of State, February 2026 Visa Bulletin, Dates for Filing Chart
Key Takeaways
With advancement in the final action dates, more applicants will become eligible to complete the final step of the permanent residency process. Additionally, applicants who became eligible to file their Adjustment of Status (AOS) application from November 2025 through January 2026, as outlined in the Dates for Filing Chart, will have at least another month to submit their applications.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.
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