May 2026 Visa Bulletin Alert: State Dept Retracts Dates for Filing, EB-3 Impacted

The May 2026 Visa Bulletin brings significant changes for employment-based and family-based immigrant visa applicants. The State Department has effectively 'hit the brakes' on forward movement of priority dates, signaling a tightening of visa number availability across multiple preference categories, including EB-3. In a notable administrative shift, USCIS has announced it will no longer accept the Dates for Filing (also known as the 'Advance Filing' chart) for adjustment of status purposes. This means applicants must now have a priority date that is current under the more restrictive Final Action Dates chart in order to file Form I-485, eliminating a filing window that many had relied upon to submit applications earlier. For EB-3 applicants, this dual development is particularly impactful. Those who had been waiting to use the Dates for Filing advantage must now wait until their priority date becomes current under Final Action Dates — potentially adding months or years to their wait. Applicants with pending cases are generally unaffected, but those planning to file imminently should reassess their timelines. Immigration attorneys at Hunton Andrews Kurth LLP are advising clients to review their priority dates carefully against the May 2026 Final Action Dates chart and to consult with counsel before submitting any new I-485 filings. Misjudging filing eligibility could result in rejection or denial. Applicants should monitor the June 2026 Visa Bulletin closely for any further retrogression or recovery of dates, and ensure their legal representatives are up to date on the latest USCIS policy guidance.