USCIS Shifts to Final Action Dates for Employment-Based Filings

Quick Hits

• USCIS will accept employment-based adjustment of status filings based on the Final Action in May 2026.
• Most EB-1, EB-2, and EB-3 final action dates remain unchanged from the April 2026 Visa Bulletin.
• EB-3 Other Workers advances for all countries except India, China, and the Philippines.
• EB-5 Unreserved category for China advances by three weeks.

As a consequence, adjustment of status eligible for filing based on the April 2026 Visa Bulletin’s Dates for Filing Chart may not be eligible for filing in May.

The U.S. Department of State’s May 2026 Visa Bulletin shows no movement for most employment-based preference categories, except for limited movement in EB-3 Other Workers and EB-5 Unreserved preference categories.

The May 2026 Visa Bulletin Final Action Dates chart shows the following movement in the:

• EB-1: All countries remain current except China and India (which both remain at April 1, 2023).
• EB-2: All countries are current except China (which remains at September 1, 2021) and India (which remains at July 15, 2014).
• EB-3: No movement. China remains at June 15, 2021, India remains at November 15, 2013, and the Philippines remains at August 1, 2023. All other countries remain at June 1, 2024.
• EB-3 Other Workers: All countries (except India, China, and the Philippines) advance to February 1, 2022. China remains at February 1, 2021, India remains at November 15, 2013, and the Philippines remains at November 1, 2021.
• EB-4: All countries remain at July 15, 2022.
• Certain Religious Workers: All countries remain at July 15, 2022.
• EB-5 Unreserved: China advances to September 22, 2016. India remains at May 1, 2022. All other countries remain current.
• EB-5 Set-asides (Rural, High Unemployment, and Infrastructure): All countries remain current.

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01APR23	01APR23	C	C
2nd	C	01SEP21	15JUL14	C	C
3rd	01JUN24	15JUN21	15NOV13	01JUN24	01AUG23
Other Workers	01FEB22	01FEB19	15NOV13	01FEB22	01NOV21
4th	15JUL22	15JUL22	15JUL22	15JUL22	15JUL22
Certain Religious Workers	15JUL22	15JUL22	15JUL22	15JUL22	15JUL22
5th Unreserved (including C5, T5, I5, R5, NU, RU)	C	22SEP16	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, May 2026 Visa Bulletin, Final Action Dates Chart

Key Takeaways

The most significant development in the May 2026 Visa Bulletin is the shift by USCIS to require the use of final action dates for employment-based adjustment of status filings, rather than the more favorable Dates for Filing chart that had been in use in prior months. This means that applicants who were eligible to file under the Dates for Filing chart but are not yet current under the Final Action Dates chart will lose their ability to file employment-based adjustment of status applications beginning in May 2026.

The State Department notes that recent forward movement in cutoff dates is partly attributable to decreased consular immigrant visa issuance rates resulting from the immigrant visa processing pause on certain nationalities and notes that as additional immigrant visa demand materializes, or the administration lifts the pause on immigrant visa processing on certain nationalities, retrogression may be necessary later in the fiscal year which ends September 30, 2026, to keep issuances within annual limits.

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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