May 2026 Visa Bulletin Alert: USCIS Shifts to Final Action Dates, EB-3 Other Workers Advances

In a significant policy shift, USCIS has announced it will require use of the Final Action Dates chart for all employment-based adjustment of status filings in May 2026, departing from the Dates for Filing chart used in prior months. This change has direct consequences for applicants who were eligible to file under the more permissive Dates for Filing chart but have not yet reached a current date under the Final Action Dates chart — those applicants will lose their ability to file I-485 adjustment of status applications beginning in May 2026. The May 2026 Visa Bulletin otherwise shows limited movement across most employment-based preference categories. EB-1 remains current for all countries except China and India, both frozen at April 1, 2023. EB-2 remains current for most countries, with China stuck at September 1, 2021, and India at July 15, 2014. EB-3 skilled workers and professionals see no movement, with China at June 15, 2021, India at November 15, 2013, and the Philippines at August 1, 2023. The notable exception is EB-3 Other Workers, which advances to February 1, 2022, for all countries except India, China, and the Philippines. Additionally, EB-5 Unreserved for China advances slightly to September 22, 2016. All EB-5 set-aside categories (Rural, High Unemployment, Infrastructure) remain current for all countries. The State Department has flagged a potential risk of retrogression later in fiscal year 2026 (ending September 30, 2026). Recent forward movement in cutoff dates has been partly driven by decreased consular immigrant visa issuance due to a processing pause on certain nationalities. If that pause is lifted or demand increases, dates could move backward to stay within annual numerical limits. For EB-3 applicants, the immediate action item is to verify your priority date against the Final Action Dates chart — not the Dates for Filing chart — before attempting to file or schedule any adjustment-related appointments in May 2026. Those who were relying on the Dates for Filing chart to remain eligible should consult with an immigration attorney promptly to assess their options.