EB-3 Week in Review: June 22–28, 2026 — Visa Bulletin Jumps, I-485 Policy Shock

Week in Review: June 22–28, 2026

This was one of the most consequential weeks for EB-3 applicants in 2026. The July Visa Bulletin brought meaningful forward movement for most countries — China EB-3 surged nearly five months in a single bulletin — while a May policy memo from USCIS is fundamentally changing how I-485 adjustment of status applications are evaluated inside the United States. Federal courts are simultaneously striking down multiple USCIS policy directives and ordering the resumption of green card processing for 75 suspended countries. There is a lot to unpack.

Visa Bulletin Update

The U.S. Department of State released the July 2026 Visa Bulletin on June 26, and for most EB-3 applicants, the movement is genuinely good news.

EB-3 Final Action Dates for July 2026:

• All Other Countries (Rest of World): August 1, 2024 — a two-month advance
• China: December 22, 2021 — a nearly five-month surge, the largest gain this cycle
• Philippines: August 1, 2023 — holding steady from June
• India: January 1, 2014 — a modest 17-day advance

For EB-3 Other Workers, All Other Countries moved one month forward to March 1, 2022. China's Other Workers category holds at April 1, 2019.

Critical chart designation: USCIS has confirmed it will use the Final Action Dates chart — not the Dates for Filing chart — for all employment-based adjustment of status filings in July 2026. This matters because the Final Action Dates chart controls both when you can file your I-485 and when USCIS can formally approve your green card. Only applicants with a priority date before the listed cutoffs are eligible to file or receive approval this month.

India-specific alerts: India EB-2 has been marked "U" (Unavailable) for the remainder of fiscal year 2026, meaning all annual visa numbers in that category are exhausted. No new I-485 filings can be accepted, and pending approvals are paused until October 1, 2026, when a fresh allocation begins. Additionally, India EB-1 has retrogressed approximately two months to October 15, 2022 — a setback for Indian nationals in that higher-preference category.

Court-ordered resumption for 75 countries: On June 5, 2026, a federal judge ruled that the State Department's months-long pause on immigrant visa and I-485 adjudications for nationals of 75 countries was unlawful. USCIS has been ordered to resume processing those suspended applications while the government's appeal proceeds. Affected countries include Afghanistan, Bangladesh, Brazil, Cuba, Egypt, Ethiopia, Haiti, Iran, Iraq, Nigeria, Pakistan, Russia, Somalia, Syria, Yemen, and dozens more. If your case was among those placed on hold, it should now be moving again — though the appeal means the situation could change.

Policy & Legislative Updates

The I-485 "extraordinary relief" memo — the week's biggest policy story

On May 21, 2026, USCIS issued a policy memo that reclassifies I-485 adjustment of status — the process allowing eligible immigrants to get a green card without leaving the U.S. — as "extraordinary relief" rather than a standard benefit. This is a fundamental shift.

Under the new framework, USCIS officers have broad discretionary authority to deny I-485 applications even when an applicant meets every legal requirement. The burden now falls on the applicant to demonstrate they "warrant a favorable exercise of discretion" — a subjective standard that previously applied mostly to relief like asylum or cancellation of removal, not employment-based green cards.

The memo also signals that consular processing — requiring applicants to leave the U.S. and attend an interview at a U.S. embassy or consulate abroad — is now the administration's preferred pathway. This is a stark reversal from prior practice, where adjustment of status was the default route for most employment-based applicants, including EB-3 beneficiaries already living and working in the U.S.

Three USCIS policy directives vacated by federal court

On June 5, 2026, a Rhode Island federal court vacated three USCIS policy issuances — PM 602-0192, PM 602-0194, and PA 2025-26 — ruling they violated the Administrative Procedure Act by making substantive adjudication changes without proper notice-and-comment rulemaking. These directives had contributed to processing delays and increased discretionary holds on employment-based petitions. With them vacated, USCIS must now adjudicate cases under pre-existing statutory rules. Applicants whose cases were delayed under these policies may see processing resume.

Supreme Court ends TPS for Syrians and Haitians

The U.S. Supreme Court ruled this week that the Trump administration may terminate Temporary Protected Status (TPS) for Syrian and Haitian nationals, exposing hundreds of thousands of individuals to potential removal. While TPS is a separate humanitarian program from EB-3, this ruling reflects the administration's broader enforcement posture and the speed with which immigration status can change under current policy.

Courthouse arrests blocked

A federal judge issued an order barring immigration arrests at U.S. courthouses, reversing a practice that had deterred many immigrants from appearing for legal proceedings. The ruling is expected to face a Department of Justice appeal, so it should be treated as temporary protection rather than a settled rule.

Naturalization fees proposed to nearly double

USCIS has proposed raising the N-400 naturalization application fee from $760 to $1,330 for paper filings (approximately an 80% increase), while eliminating the fee waivers that allow low-income applicants to apply at reduced or no cost. For EB-3 green card holders who will eventually become eligible for citizenship — typically after five years as a lawful permanent resident — this is a long-range financial planning consideration. The proposal is in a public comment period and is not yet final.

PERM Labor Certification

501-day average processing time confirmed for 2026

The Department of Labor's (DOL) average processing time for a standard PERM (Program Electronic Review Management) labor certification application has reached 501 days in 2026 — well over a year from submission to adjudication. And that clock doesn't start until all pre-filing requirements are complete: prevailing wage determination, job advertisements, and recruitment documentation. Total employer-to-I-140 timelines routinely exceed two years.

For applicants from backlogged countries like India, China, and the Philippines, any PERM delay directly delays your priority date — your place in the green card queue. There is no way to recover lost time in this process.

DOL updates O\*NET wage classifications for new wage year

The Office of Foreign Labor Certification (OFLC) published an updated Appendix A to the Preamble covering O\*NET-SOC Education and Training Categories for the July 2026 through June 2027 wage year. This routine but important update governs how job positions are classified for prevailing wage purposes. Employers filing new PERM applications in the coming year should verify their job descriptions align with the updated classifications — mismatches can trigger audits or incorrect wage levels, both of which cause further delays.

What This Means for Your EB-3 Case

This week illustrates how quickly the EB-3 landscape can shift in both directions simultaneously.

The positive: The July Visa Bulletin advance is real and meaningful, especially for Rest of World and China EB-3 applicants. If your priority date is now current, July is a month to watch closely for I-485 filing eligibility — verify your exact priority date against the Final Action Dates chart, not the Dates for Filing chart.

The complication: The May 21 I-485 memo is the most significant domestic policy change for adjustment of status applicants since the current administration took office. Meeting the legal requirements for a green card now does not guarantee approval. For applicants already inside the U.S. who were planning to file I-485, the risk profile has meaningfully increased. Monitor whether litigation challenges this memo — multiple legal challenges are expected.

For Indian nationals: India EB-2 being marked Unavailable through September 30, 2026 is a hard stop. October 1 is the earliest new filings or approvals can proceed. India EB-3 continues its slow forward crawl — the January 1, 2014 date represents years of backlog still remaining.

On PERM: If your employer hasn't started the PERM process yet, the 501-day DOL timeline means the process should begin now, not later. Every month of delay extends your overall green card timeline by a month on the back end.

Finally, watch the courts. The June 5 decision vacating three USCIS policy directives is a meaningful win for processing timelines, and the 75-country processing resumption order could directly affect applicants who saw their cases frozen. These rulings are under appeal, so their durability is uncertain — but they are actively shaping how USCIS operates right now.

This post is generated from immigration news published during the week of June 22–28, 2026. Information is for reference only. Verify all details with official USCIS, DOL, and DOS sources.