May 2026 Visa Bulletin Alert: EB-3 Cutoff Dates & USCIS Filing Deadline Update

The Department of State has released the May 2026 Visa Bulletin, and USCIS has confirmed it will not accept employment-based Adjustment of Status (AOS) applications under the Dates for Filing chart for May. This means applicants must instead meet the more restrictive Final Action Dates to file — a significant shift that narrows eligibility for many foreign nationals who were previously able to file earlier. For EB-3 applicants, the Final Action Dates for May remain largely unchanged: Worldwide (including El Salvador, Guatemala, Honduras, and Mexico) holds at June 1, 2024; Philippines holds at August 1, 2023; China holds at June 15, 2021; and India holds steady at November 15, 2013. The Other Workers subcategory sees a modest three-month advance to February 1, 2022 for most countries. The critical action item for employers and practitioners is the April 29, 2026 filing deadline. Any eligible AOS applications should be submitted before the end of April while the more permissive Dates for Filing chart still applies to April filings. Missing this window could result in substantial delays in green card processing and disruption to work authorization benefits tied to pending AOS applications. The Department of State attributes some priority date advancement in certain categories to reduced immigrant visa issuance stemming from Presidential Proclamations 10949 and 10998. However, it cautions that increased demand or policy changes could trigger retrogression or stagnation later in FY-2026 to stay within annual statutory limits. Employers should proactively review their workforce immigration pipelines, maintain nonimmigrant status extensions, and plan ahead to avoid employment authorization gaps. Given the volatility signaled for later in the fiscal year, long-term planning and early filing wherever possible remain the strongest risk mitigation strategies.