USCIS Switches to Final Action Dates for May: June 2026 Visa Bulletin EB3 Eligibility Cut
USCIS has reverted to Final Action Dates for employment-based green card filings in May 2026, significantly narrowing eligibility for EB-3 and other employment-based applicants.
USCIS has announced a shift back to the Final Action Dates chart for employment-based green card filings effective May 2026, a move that substantially restricts who can file adjustment of status applications. This change reverses any recent openings under the Dates for Filing chart, which had allowed applicants with earlier priority dates to submit their I-485 petitions ahead of visa availability.
For EB-3 applicants, this switch is particularly significant. When USCIS uses Final Action Dates, only applicants whose priority date is on or before the cutoff date listed in the monthly Visa Bulletin may file or have their cases adjudicated. This typically results in a smaller pool of eligible applicants compared to the more permissive Dates for Filing chart.
The practical implication for many EB-3 workers — especially those from high-demand countries such as India, China, Mexico, and the Philippines — is that their adjustment of status filing window may close entirely for May, even if they had been preparing to submit their applications. Priority dates for these countries remain heavily backlogged, sometimes by decades.
Applicants and attorneys are advised to verify their priority date against the May 2026 Final Action Dates chart before submitting any I-485 filings. Incorrectly filed applications may be rejected or returned. Those who had been waiting for a Dates for Filing opening should monitor the June 2026 Visa Bulletin closely, as USCIS could switch charts again based on demand projections from the Department of State.
This development underscores the volatility of the employment-based green card process and the importance of staying current with monthly Visa Bulletin releases and USCIS policy announcements.
USCIS has restricted May 2026 filings to Final Action Dates only, eliminating the Dates for Filing (DFF) option that allowed Indian EB-2/EB-3 applicants to file adjustment-of-status applications earlier.
USCIS switched from Chart B to Chart A effective May 1, 2026, ending six months of more generous filing dates. India EB-3 applicants with a 14-month priority date band lose their I-485 filing eligibility.
USCIS will use the Final Action Dates chart for May 2026, meaning some April-eligible applicants can no longer file. EB-3 cutoffs: All Areas June 1, 2024; China June 15, 2021; India Nov 15, 2013; Philippines Aug 1, 2023.