Visa BulletinJDSupra Immigration · 3 min read
June 2026 Visa Bulletin: EB-3 Advances, EB-2 India Unavailable & New USCIS Green Card Policy
The June 2026 Visa Bulletin advances EB-3 priority dates for China and India, while EB-2 India has been made unavailable for the rest of FY2026. USCIS also issued a new policy memo treating Adjustment of Status as a discretionary benefit.
The Department of State released the June 2026 Visa Bulletin on May 4, 2026, with USCIS confirming Final Action Dates as the operative chart for Adjustment of Status (AOS) filing eligibility. The bulletin brings positive movement for EB-3 applicants: China advances six weeks to August 1, 2021, and India advances one month to December 15, 2013. EB-3 Worldwide and Philippines dates hold steady at June 1, 2024 and August 1, 2023, respectively.
In a significant development, the DOS announced on May 22, 2026, that all FY2026 immigrant visa numbers for EB-2 India have been exhausted. The category is now unavailable for both consular and AOS processing through September 30, 2026, when annual limits reset. EB-1 India also faces retrogression, moving back three and a half months to December 15, 2022, due to high demand consuming numerical limits ahead of fiscal year end.
On the same date, USCIS issued Policy Memorandum PM-602-0199, recharacterizing AOS as a discretionary and 'extraordinary' benefit rather than a routine alternative to consular processing. Officers are now instructed to exercise greater scrutiny and consider directing applicants to consular processing in individual cases. This marks a significant philosophical shift in how pending and future AOS applications may be evaluated.
Employers sponsoring EB-3 workers should monitor upcoming bulletins closely. DOS has warned that retrogression or category unavailability for EB-3 Philippines, EB-2 China, and EB-5 India (unreserved) may be necessary later in FY2026 if demand surges. The DOS cites reduced visa issuance under Presidential Proclamations 10949 and 10998 as a factor enabling the current date advancements.
For EB-3 applicants with priority dates before the published cutoff, this month's bulletin offers a filing opportunity. However, the new AOS discretion policy warrants consultation with immigration counsel to assess whether consular processing may be more predictable given heightened USCIS scrutiny.