Visa Bulletin EB3 May 2026 Alert: USCIS Closes Filing Window for Indian EB-2/EB-3 Applicants
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 has announced that for May 2026, it will only accept adjustment-of-status applications based on Final Action Dates, effectively closing the Dates for Filing (DFF) window that many Indian EB-2 and EB-3 applicants have relied upon. This decision significantly narrows the pool of eligible applicants who can file Form I-485 in May.
The Dates for Filing cutoff is typically more advanced than the Final Action Date, meaning applicants whose priority dates fall between the two cutoffs — a group sometimes called "DFF-only" filers — will no longer be able to submit their adjustment-of-status applications this month. For Indian nationals in the EB-2 and EB-3 categories, who already face some of the longest backlogs in the employment-based immigration system, this change represents a meaningful setback.
This restriction is not unprecedented — USCIS periodically reverts to Final Action Dates-only filing when visa number availability is tight. However, the timing is particularly impactful for Indian EB-3 applicants whose priority dates may have only recently become eligible under the DFF chart. Applicants in this situation should consult with their immigration attorneys and monitor upcoming visa bulletins closely.
Affected applicants are advised to verify their priority date against the May 2026 Final Action Date chart published by the Department of State. Those who miss this window may need to wait for future months when USCIS re-opens the DFF option or when their priority date becomes current under the Final Action Date chart.
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.
The April 2026 Visa Bulletin outlines employment-based immigrant visa availability with 140,000 annual EB slots. India, China, Mexico, and Philippines remain oversubscribed under the 7% per-country cap of 25,620.