May 2026 Visa Bulletin Alert: USCIS Switches to Final Action Dates, EB-3 Retrogresses

The May 2026 Visa Bulletin brings a significant procedural shift: USCIS has confirmed it will use the Final Action Dates chart (Chart A) rather than the Dates for Filing chart (Chart B) to determine Adjustment of Status eligibility for the month. This change narrows who can file an I-485 in May and represents a departure from the approach used in recent months. For EB-3 applicants, the bulletin shows widespread retrogression. The cutoff for EB-3 All Chargeability Areas and Mexico moves back to June 1, 2024. China EB-3 retrogresses to June 15, 2021, India EB-3 to November 15, 2013, and Philippines EB-3 to August 1, 2023. The only movement in the entire employment-based section is a three-week advancement in China EB-5 Unreserved. April 30 is a critical deadline. Applicants who are currently eligible to file under Chart B (Dates for Filing) but whose priority date does not yet meet Chart A (Final Action Dates) must file their I-485 before the end of April — or face waiting several additional months until their date becomes current again under the Final Action Dates chart. Employers should immediately audit their foreign national employees' priority dates against the May Final Action Dates chart. Those with priority dates that become current in May under Chart A should contact their immigration attorneys promptly to prepare and submit Adjustment of Status applications during the filing window. This bulletin underscores the importance of proactive immigration planning. The switch from Chart B to Chart A eligibility can create sudden gaps in filing opportunities, and missing a window due to retrogression can delay permanent residence by months or longer.