EB-3 Priority Date May 2026: Final Action Dates Chart Now in Effect

The U.S. Department of State has released the May 2026 Visa Bulletin, and USCIS has confirmed it will use the Final Action Dates chart — not the Dates for Filing chart — for employment-based adjustment of status applications this month. This is a critical distinction, as it means applicants who became eligible to file under the more permissive Dates for Filing chart in April 2026 may no longer be eligible to file in May 2026. For EB-3 skilled workers and professionals, the May 2026 Final Action cutoff dates are as follows: All Chargeability Areas and Mexico are set at June 1, 2024; China (Mainland Born) is set at June 15, 2021; India is set at November 15, 2013; and the Philippines is set at August 1, 2023. The Other Workers subcategory has earlier cutoffs: February 1, 2022 for most countries, February 1, 2019 for China, November 15, 2013 for India, and November 1, 2021 for the Philippines. EB-1 and EB-2 categories remain current for most chargeability areas in May 2026, with notable exceptions for China and India. China EB-1 and EB-2 applicants face cutoffs of April 1, 2023 and September 1, 2021, respectively. India EB-2 applicants face a cutoff as early as July 15, 2014, reflecting the persistent backlog driven by high demand relative to per-country visa caps. For EB-3 applicants, particularly those from India and China, the long wait times underscore the importance of securing an early priority date. India EB-3 applicants with priority dates before November 2013 are the only ones currently eligible to file — a sobering reminder of the decade-plus backlogs many face. Applicants from all other countries with a priority date before June 1, 2024 should confirm their eligibility and prepare I-485 packages promptly. Applicants and their attorneys should monitor the monthly Visa Bulletin closely, as USCIS's chart selection can shift eligibility status from one month to the next. Checking your priority date against the Final Action Dates chart before filing is essential to avoid rejected applications.