Rapid-Fire Wednesdays Podcast | November 2026 Visa Bulletin & More TPS Changes

The transcript version of our weekly Q&A for corporate immigration professionals. Join our Immigration News Digest Newsletter for more immigration updates.

By Kimberley Best Robidoux & Miki Kawashima Matrician

🎧 Available on YouTube & Spotify

In this edition of Rapid-Fire Wednesdays, WR Immigration attorneys Kimberley Best Robidoux and Miki Kawashima Matrician discuss the November 2026 Visa Bulletin and the latest developments affecting Temporary Protected Status (TPS) for Ukraine and Sudan. Topics include employment-based immigrant visa availability, movement in Final Action Dates and Dates for Filing across key employment-based categories, implications for employers and employees navigating green card backlogs, and unresolved questions surrounding TPS-based work authorization and Form I-9 compliance. Discover key immigration updates and practical considerations to help employers plan for employment-based green card sponsorship, manage immigration timelines, and navigate evolving work authorization requirements.

Question 1: What are the key takeaways from the November 2026 Visa Bulletin?

Response: USCIS will allow employment-based adjustment of status applicants to use Chart B, the Dates for Filing chart, in November. Chart B determines when eligible applicants may file Form I-485, while Chart A, the Final Action Dates chart, determines when an immigrant visa or green card may be approved. November brings modest movement in several Final Action Dates, including a three-month advance in EB-2 for most countries, Mexico, and the Philippines. EB-3 advances by one month for most countries, while EB-1 remains current for the Rest of World category. Dates for Filing remain largely unchanged, with only a one-month advance for EB-3 Other Workers for the Rest of World category. Employers should review employee priority dates, assess eligibility to file adjustment applications, and continue monitoring monthly Visa Bulletin updates.

Question 2: Why has employment-based visa availability not advanced as much as some applicants expected?

Response: The start of the new fiscal year in October 2026 did not bring the substantial advancement in priority dates that many applicants had anticipated. As discussed in the episode, the Department of State had advanced dates rapidly while an immigrant visa pause affecting 75 countries was in effect from January through the summer of 2026, seeking to use available visa numbers. After the pause was lifted, applicants who had been waiting and were otherwise eligible for approval were able to receive visa numbers, resulting in greater-than-expected usage. This limited the number of visa numbers available for the new fiscal year and contributed to more conservative movement in the November Visa Bulletin. Employers and employees should plan conservatively rather than assume significant near-term advancement.

Question 3: What are the November 2026 Final Action Dates for the major employment-based categories?

Response: Under Chart A, the November Visa Bulletin shows varying levels of movement by country and preference category:

• Rest of World, Mexico, and the Philippines: EB-2 advances three months, from January 1, 2025, to April 1, 2025. EB-3 advances one month, from May 15, 2024, to June 15, 2024. EB-1 remains current.
• China: EB-1 advances one month, from July 1, 2023, to August 1, 2023. EB-2 remains at October 1, 2021. EB-3 advances 14 days, from January 8, 2022, to January 22, 2022.
• India: EB-1 remains at February 1, 2023, and EB-2 remains at November 1, 2013. EB-3 advances 21 days, from January 1, 2014, to January 22, 2014.
• Philippines: EB-2 advances three months, from January 1, 2025, to April 1, 2025. EB-1 remains current, while EB-3 remains at August 15, 2023.

These dates affect when employees may become eligible for green card approval, subject to all other applicable requirements. Employers should evaluate individual priority dates and sponsorship timelines when planning workforce and immigration strategies.

Question 4: How should employers approach the limited movement in India’s employment-based categories?

Response: November brings limited advancement for India, with movement only in EB-3 among the three principal employment-based categories discussed. EB-1 remains at February 1, 2023, EB-2 remains at November 1, 2013, and EB-3 advances to January 22, 2014. These changes do not substantially alter the longer-term outlook for employees facing significant backlogs. Employers should continue evaluating eligibility for H-1B extensions beyond the six-year limit, maintain employees’ valid nonimmigrant status where applicable, and consider alternative employment-based immigration categories when consistent with company policy and individual eligibility. For employees with pending adjustment applications, employers should also monitor portability requirements, proposed job changes, and the continued availability of the permanent position underlying the original sponsorship.

Question 5: What changes under Chart B, the Dates for Filing chart, in November?

Response: USCIS will permit employment-based adjustment applicants to use Chart B in November. However, movement under Dates for Filing is limited: the only employment-based change for the Rest of World category is a one-month advance in EB-3 Other Workers. All other employment-based Dates for Filing remain unchanged, including EB-1, EB-2, EB-3 Skilled Workers and Professionals, EB-4, and all EB-5 categories. Because Chart B determines when eligible applicants may submit Form I-485 rather than when USCIS may approve a green card, employers should review employees’ priority dates against the applicable chart and confirm eligibility before preparing adjustment applications. For additional analysis of the November Visa Bulletin and future expectations, employers can also consult WR Immigration’s Chatting with Charlie Visa Bulletin Reactions and the EB-5 Visa Bulletin discussion hosted by Joey Barnett and Charlie Oppenheim.

Question 6: What is the latest update on TPS for Ukraine and Sudan, and what does it mean for employers?

Response: The Temporary Protected Status (TPS) designations for Ukraine and Sudan were listed as continuing through October 19, 2026, but DHS did not issue a formal extension or termination decision before that date. USCIS now states on its country-specific TPS pages that affected individuals retain TPS protections, including work authorization, until a further announcement is made. However, USCIS has not provided a new expiration date or clear instructions on the documentation employers should use to verify continued employment authorization. Existing guidance from I-9 Central, E-Verify, and SAVE continues to reference October 19, 2026, creating a compliance challenge for employers whose records show an expired work authorization document even though USCIS indicates that authorization continues. Employers should identify affected employees, determine whether they have another independent basis for employment authorization, preserve relevant USCIS alerts and supporting documentation, and obtain case-specific immigration counsel before making reverification decisions or taking adverse employment action. Employers should not assume that the October 19 date alone means DHS has formally invalidated the affected EADs.

Question 7: What steps should HR and Global Mobility teams take while awaiting further TPS guidance?

Employers should first identify employees whose work authorization is based on TPS for Ukraine or Sudan and determine whether another valid basis for employment authorization exists. Employees may choose which acceptable Form I-9 documents to present, and employers cannot require a particular document. For new hires beginning employment after October 19, 2026, employers should preserve the relevant USCIS country-page alert, the employee’s TPS documentation, and the government guidance relied upon when completing Form I-9. For existing employees undergoing reverification, employers may document in the Additional Information field that TPS work authorization continues as indicated by DHS and retain copies of the USCIS country-page alert, while seeking case-specific legal guidance regarding the appropriate procedure. Because the agencies have not clarified the applicable expiration date or documentation requirements, employers should carefully document their decisions and avoid assuming that an implied extension resolves every compliance question. A designated HR, compliance, or Global Mobility contact should monitor the Federal Register, USCIS TPS country pages, I-9 Central, and E-Verify for further announcements, as new guidance may require prompt action.

About the Authors

Kimberley Best Robidoux is a Partner in WR Immigration’s San Diego office with 25+ years of experience advising employers and individuals on business immigration, immigration compliance, and I-9 and E-Verify matters. She currently serves as the Chair of the American Immigration Lawyers Association’s Verification and Documentation Committee and has been recognized by The Best Lawyers in America®, Super Lawyers®, Who’s Who Legal: Corporate Immigration, Lawdragon and other leading publications.

Miki Kawashima Matrician is Co-Managing Partner of WR Immigration’s Boston office, where she advises employers on business immigration, corporate immigration policies, compliance, and risk management. She teaches Business Immigration Law at Boston University School of Law and is recognized by Chambers®, Super Lawyers®, and Best Lawyers® for her immigration expertise. She co-hosts WR Immigration’s monthly Chatting with Charlie Visa Bulletin Reactions and quarterly webinars alongside Charlie Oppenheim.