The U.S. Department of State has released the May 2026 Visa Bulletin, and U.S. Citizenship and Immigration Services(USCIS) has confirmed a key procedural shift that will significantly impact adjustment of status filings this month.
Key Takeaway: April 30 Filing Deadline (Chart B Not Available in May)
For May 2026, USCIS will only accept employment-based adjustment of status applications based on the Final Action Dates (Chart A)—not the Dates for Filing (Chart B). This makes April 30, 2026, the last day to file using Chart B eligibility.
Applicants who are eligible under Chart B but not current under Final Action Dates must file by April 30 or risk losing filing eligibility for the foreseeable future.
Final Action Dates – May 2026 Snapshot:
EB-1
- China: April 1, 2023
- India: April 1, 2023
- All other countries: Current
No change
EB-2
- China: September 1, 2021
- India: July 15, 2014
- All other countries: Current
No change
EB-3 (Professional & Skilled Workers)
- China: June 15, 2021
- India: November 15, 2013
- Philippines: August 1, 2023
- All other countries: June 1, 2024
No change
EB-5 (Unreserved)
- China: Advances by 3 weeks → September 22, 2016
- India: May 1, 2022
- All other countries: Current
Notable Movement: China EB-5 investors see modest forward movement of three weeks.
EB-5 Set-Asides (Rural, High Unemployment, Infrastructure)
- All countries: Current
Remains a strategic option for avoiding backlogs
USCIS Filing Policy for May
USCIS will only honor Final Action Dates for employment-based filings in May.
To file in May, applicants must have a priority date earlier than the Final Action Date, Chart B (Dates for Filing) cannot be used
Insights & Forward-Looking Risks
According to the U.S. Department of State:
- Recent forward movement in visa numbers is partly due to reduced immigrant visa issuance at consulates
- Contributing factors include:
- Nationality-based travel restrictions
- Ongoing immigrant visa processing limitations affecting dozens of countries
Retrogression Risk:
The State Department warns that if demand increases or policies shift, cutoff dates may retrogress before the end of FY 2026 (September 30, 2026).
EB-5 India Warning
- Rising demand in the EB-5 Unreserved category for India could lead to:
- Retrogression, or
- Category becoming unavailable
Practice Pointers
- File Now (Before April 30): If eligible under Chart B, act immediately
- Reassess Eligibility: Many applicants will lose filing eligibility in May
- EB-5 Strategy: Consider set-aside categories, which remain current
- Monitor Closely: Potential retrogression could impact planning through FY 2026
Conclusion
The May Visa Bulletin underscores a procedural tightening with USCIS reverting to Final Action Dates only, making April 30 a critical cutoff for many applicants. While most employment-based categories remain stable, EB-5 China’s modest advancement is a notable bright spot amid broader caution about future retrogression.
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