Important disclaimer
Haven provides general information only. Nothing on this page is legal advice, and it should not be treated as a substitute for advice from a qualified immigration lawyer or accredited legal representative. Immigration outcomes depend on the specific facts of your case. If you need case-specific guidance, consult a lawyer before making decisions or filing.
For the [May 2026 visa bulletin](https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-may-2026.html), USCIS announced that all employment-based adjustment of status applicants must use the Final Action Dates chart — not the more generous Dates for Filing chart. This is the [first time in over six months](https://tandslaw.com/may-2026-visa-bulletin-issued-final-action-dates-will-apply-for-eb-matters-for-the-first-time-in-some-months-but-no-cut-off-date-movement-in-any-eb-category-from-last-months-bulletin/) that USCIS has imposed Final Action Dates for employment-based categories, and it arrived alongside zero forward movement in any EB priority date from April to May.
The practical impact is immediate: applicants who were eligible to file an I-485 under the Dates for Filing chart in April may no longer do so. Combined with a State Department [warning about possible retrogression](https://www.fragomen.com/insights/united-states-may-2026-visa-bulletin-main-employment-based-categories-hold-steady-uscis-to-honor-final-action-dates.html) later in FY2026, the May bulletin marks a clear tightening in the employment-based green card pipeline.
What Changed: Final Action Dates vs. Dates for Filing
Every month, the State Department publishes two charts for each preference category: the Final Action Dates chart (which determines when a green card can actually be issued) and the Dates for Filing chart (which determines when an applicant can submit an I-485 adjustment of status application). When USCIS allows use of the Dates for Filing chart, applicants with earlier priority dates can file sooner — gaining access to work authorization (EAD) and travel documents (Advance Parole) while they wait.
In May 2026, [USCIS directed applicants](https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-124) to use Final Action Dates for all employment-based categories. The technical reason, as [Morgan Lewis noted](https://www.morganlewis.com/pubs/2026/04/us-department-of-state-releases-may-2026-visa-bulletin): USCIS no longer forecasts that there are more immigrant visas available for the fiscal year than there are known applicants. In plain terms, the pipeline is full.
The gap between the two charts functions as effective retrogression for many applicants:
- EB-1 China and India: 8-month setback — from December 1, 2023 (Dates for Filing) to April 1, 2023 (Final Action Dates).
- EB-2 India: 6-month setback — from January 15, 2015 to July 15, 2014.
- EB-3 India: 14-month setback — from January 15, 2015 to November 15, 2013.
- EB-3 Rest of World: went from Current (Dates for Filing) to a cutoff of June 1, 2024 under Final Action Dates — meaning applicants with priority dates after June 1, 2024 can no longer file.
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May 2026 Final Action Dates: Employment-Based Categories
The following priority dates apply for adjustment of status filings submitted in May 2026. None moved forward from April:
- EB-1 All Chargeability (except China and India): Current.
- EB-1 China (mainland-born): April 1, 2023.
- EB-1 India: April 1, 2023.
- EB-2 All Chargeability (except China and India): Current.
- EB-2 China (mainland-born): September 1, 2021.
- EB-2 India: July 15, 2014.
- EB-3 Professionals and Skilled Workers — All Chargeability: June 1, 2024.
- EB-3 China (mainland-born): June 15, 2021.
- EB-3 India: November 15, 2013.
- EB-3 Philippines: August 1, 2023.
EB-2 India's priority date of July 15, 2014 represents a backlog of nearly 12 years. EB-3 India at November 15, 2013 represents a backlog of over 12.5 years. These backlogs predate many applicants' first day in the United States.
Who Is Affected
The switch to Final Action Dates directly affects anyone whose priority date falls between the two charts. [Ogletree Deakins confirmed](https://ogletree.com/insights-resources/blog-posts/uscis-shifts-to-final-action-dates-for-employment-based-filings/) that these applicants "will lose their ability to file employment-based adjustment of status applications beginning in May 2026." Specifically:
- EB-1 applicants born in China or India with priority dates between April 1, 2023 and December 1, 2023 — these applicants could file under Dates for Filing in April but cannot file in May.
- EB-2 India applicants with priority dates between July 15, 2014 and January 15, 2015 — a narrow but consequential window affecting both PERM-based and National Interest Waiver filings.
- EB-3 India applicants with priority dates between November 15, 2013 and January 15, 2015.
- EB-3 Rest of World applicants with priority dates after June 1, 2024 — this group had no cutoff under Dates for Filing and now faces one for the first time.
- Anyone who was planning to file I-485 in May under the more generous chart and did not file before April 30.
Those who filed their I-485 before April 30 under the Dates for Filing chart are not affected. USCIS accepted those filings based on the chart in effect at the time. Pending I-485 applications continue to be processed regardless of this month's chart change.
What Attorneys Should Know
The regulatory basis for USCIS's chart selection is 8 CFR § 245.1(g)(1), which allows USCIS to determine whether the Dates for Filing chart can be used based on visa availability projections for the remainder of the fiscal year. When USCIS determines there are insufficient visa numbers to justify early filing, it reverts to Final Action Dates.
Several practice points from this month's bulletin:
- The switch to Final Action Dates is a monthly determination. It can revert to Dates for Filing in any subsequent month if USCIS visa number projections change.
- Cases filed before April 30 under the Dates for Filing chart remain properly filed. Receipt notices issued under the prior chart are valid.
- Employment Authorization Documents (EADs) and Advance Parole tied to pending I-485s are unaffected by the chart switch. The chart determines filing eligibility, not ongoing benefits for already-filed cases.
- The State Department's retrogression warning covers all EB categories broadly. Counsel clients with priority dates near the current cutoff to prepare for possible backward movement before September 30, 2026.
- The June 2026 visa bulletin has not been released as of May 13. It is expected mid-month based on historical State Department patterns.
What Applicants Should Do Now
If you are in the middle of an employment-based green card process, here is what to focus on:
- Check your priority date against the Final Action Dates chart above. If your date is earlier than the listed date for your category and country, you are still eligible to file I-485 this month.
- If your priority date was current under Dates for Filing but is not current under Final Action Dates, you cannot file I-485 until the chart moves forward or USCIS switches back to Dates for Filing.
- If you already filed I-485 before April 30, your case is not affected. Your application remains pending and you can continue to renew your EAD and Advance Parole.
- Watch for the June 2026 visa bulletin, expected in the next several days. It will show whether any EB dates advance and which chart USCIS will use for June filings.
- If you are pursuing an EB-2 NIW or EB-1A self-petition, the filing chart switch does not change your petition eligibility — it only affects when you can file the I-485 adjustment of status application.
Do not assume the June bulletin will revert to Dates for Filing. USCIS's decision depends on visa number availability for the rest of FY2026, which ends September 30. Plan for the possibility that Final Action Dates remain in effect for several months.
What to Watch Next
Three developments are worth monitoring in the coming weeks:
First, the June 2026 visa bulletin. The State Department typically releases it in the second or third week of May. Any forward movement in EB-2 India or EB-3 categories would be significant, but the flat trajectory from April to May suggests limited advancement is likely.
Second, USCIS's chart selection for June. If visa demand continues to outpace supply, Final Action Dates will remain in effect. If demand drops or consular processing backlogs clear, USCIS could switch back to Dates for Filing.
Third, the broader policy environment. The [DOL's proposed prevailing wage rule](/blog/dol-h1b-perm-wage-rule-2026-comment-period), the [weighted H-1B lottery](https://www.uscis.gov/newsroom/news-releases/dhs-changes-process-for-awarding-h-1b-work-visas-to-better-protect-american-workers), and the [$100,000 H-1B fee](/blog/trump-100000-h1b-fee-explained) collectively signal a tightening posture across the employment-based immigration system. The filing chart switch is one more data point in that direction.
Sources
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Immigrants — May 2026
U.S. Citizenship and Immigration Services
Open sourceMay 2026 Visa Bulletin Issued: Final Action Dates Will Apply for EB Matters
Tafapolsky & Smith LLP
Open sourceUnited States: May 2026 Visa Bulletin — Main Employment-Based Categories Hold Steady; USCIS to Honor Final Action Dates
Fragomen
Open sourceFrequently asked
Why is USCIS using Final Action Dates instead of Dates for Filing in May 2026?
USCIS determines each month whether there are enough immigrant visas available for the rest of the fiscal year to justify early filing under the Dates for Filing chart. For May 2026, USCIS concluded that there are not — meaning demand from pending and expected applications exceeds projected visa availability through September 30, 2026. The Final Action Dates chart is the more restrictive default and requires a more advanced (earlier) priority date to file.
I filed my I-485 in April under the Dates for Filing chart. Is my case still valid?
Yes. If your I-485 was properly filed while the Dates for Filing chart was in effect and your priority date was current under that chart at the time of filing, your application remains valid and continues to be processed. The switch to Final Action Dates in May does not retroactively affect previously accepted filings.
When will the June 2026 visa bulletin be released?
The State Department typically releases the next month's visa bulletin in the second or third week of the prior month. As of May 13, 2026, the June 2026 visa bulletin has not been published and is listed as Coming Soon on the State Department website. It is expected within the next several days.
Could USCIS switch back to Dates for Filing in June 2026?
Yes, but it is not guaranteed. USCIS makes this determination monthly based on visa number availability projections. If demand decreases or consular processing patterns change, USCIS could revert to the Dates for Filing chart. However, the flat trajectory across all EB categories and the retrogression warning from the State Department suggest the restrictive posture may persist through the end of FY2026.
How does the Final Action Dates switch affect EB-2 NIW applicants?
The switch does not affect the EB-2 NIW petition itself (Form I-140). It affects when you can file the I-485 adjustment of status application. If you are an EB-2 NIW applicant born in India with a priority date after July 15, 2014, you cannot file your I-485 this month under Final Action Dates, even though you may have been eligible under the Dates for Filing chart. For applicants born in countries other than China and India, EB-2 remains Current — the switch has no impact on their filing eligibility.