May 2026 Visa Bulletin Retrogression: USCIS Switches to Final Action Dates for EB Green Cards

The State Department has released the May 2026 Visa Bulletin, bringing a significant policy shift that affects employment-based green card applicants. Most notably, USCIS has announced it will switch from using the Dates for Filing (DOF) chart to the Final Action Dates (FAD) chart for employment-based preference categories, a change with immediate consequences for many applicants in the pipeline. This switch is particularly impactful for Indian and Chinese nationals, who face the longest backlogs in employment-based categories including EB-3. When USCIS uses the Dates for Filing chart, applicants with earlier priority dates gain the ability to file I-485 adjustment of status applications even before a visa number is immediately available. Reverting to the Final Action Dates chart removes that option for those whose priority dates fall between the two cutoffs. For EB-3 applicants from oversubscribed countries like India and China, this change may mean losing the ability to file for adjustment of status that they previously held. This can delay access to employment authorization documents (EAD) and advance parole, which are benefits tied to a pending I-485 filing. Applicants and their attorneys should review the May 2026 Visa Bulletin carefully and compare their priority dates against both charts. Those who were relying on the Dates for Filing chart to maintain or initiate an I-485 filing should consult with an immigration attorney promptly to assess their options before the May cutoff dates take effect.