USCIS Requires Final Action Dates for Employment-Based Filings in June 2026

Quick Hits

• USCIS will require use of the Final Action Dates chart for employment-based adjustment of status filings in June 2026.
• EB-1 India final action date retrogresses by three and a half months; EB-2 India retrogresses by more than ten months, signaling continued pressure on India-chargeability backlogs.
• EB-3 dates advance slightly, with China moving forward six weeks and India moving forward one month; EB-5 Unreserved remains current for most countries.
• Additional retrogression in EB-1, EB-2 (India and China), EB-3 (Philippines), and EB-5 Unreserved (India) is possible before the end of FY 2026.

Employment-Based Final Action Dates for June 2026

The June 2026 Visa Bulletin Final Action Dates chart reflects the following:

Category	All Countries	China (Mainland Born)	India	Philippines
EB-1 (Priority Workers)	Current	April 1, 2023	December 15, 2022*	—
EB-2 (Advanced Degree / Exceptional Ability)	Current	September 1, 2021	September 1, 2013*	—
EB-3 (Skilled Workers and Professionals)	June 1, 2024	August 1, 2021	December 15, 2013	August 1, 2023
EB-3 Other Workers	February 1, 2022	April 1, 2019	December 15, 2013	November 1, 2021
EB-5 Unreserved	Current	September 22, 2016	May 1, 2022	—
EB-5 Set-Asides (Rural, High Unemployment, Infrastructure)	Current	Current	Current	Current

Source: U.S. Department of State, June 2026 Visa Bulletin

Dates for Filing: Not Applicable for June 2026

Because USCIS has designated the Final Action Dates chart as the operative chart for June 2026, the Dates for Filing chart is not available for employment-based adjustment of status applications this month. Applicants who were eligible to file under the Dates for Filing chart but whose priority dates are not yet current under the Final Action Dates chart will be unable to file in June 2026.

Retrogression Warnings

The State Department flagged several categories for potential retrogression or unavailability before the close of fiscal year (FY) 2026 (September 30, 2026):

• EB-1 and EB-2 for India: High demand has already required retrogression of final action dates; further retrogression or an “unavailable” designation may follow if India’s pro-rated annual limits are reached.
• EB-2 for China: Sufficient demand and increased usage may require retrogression of the final action date in upcoming months.
• EB-3 for Philippines: Similar demand pressures could necessitate retrogression.
• EB-5 Unreserved for India: Retrogression or an “unavailable” designation may occur as early as next month.

The State Department also notes that some visa categories may become “unavailable” prior to the end of the fiscal year if annual limits, category limits, or pro-rated per-country limits are reached.

Next Steps

Employers and foreign nationals with pending or anticipated employment-based adjustment of status applications may want to consider the following:

• confirming whether a priority date is current under the Final Action Dates chart—not just the Dates for Filing chart—before submitting or expecting to submit an adjustment of status application in June 2026;
• for India-chargeability applicants in the EB-1 and EB-2 categories,  determining the impact of retrogression on case timelines;
• for employers sponsoring high volumes of India-born employees in the EB-2 pipeline, assessing risk in light of the potential for further retrogression or unavailability before September 30, 2026; and
• monitoring the USCIS website (uscis.gov/visabulletininfo) for any mid-month determinations affecting chart availability.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will post updates on the Immigration blog as additional information becomes available.

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