May 2026 Visa Bulletin – USCIS Shifts to Final Action Dates Causing EB Filing Retrogression

The U.S. State Department has released the May 2026 Visa Bulletin which is the eighth Visa Bulletin for the new fiscal year.  The headline in this month’s Visa Bulletin is the noticeable lack of movement across nearly all Employment-Based categories, contrasted with significant advancements in several Family-Sponsored categories—particularly the 6-month leap forward for F2A Final Action Dates.

Importantly, USCIS has announced a major procedural shift for the month: Employment-Based applicants must now use the Final Action Dates chart to determine if they are eligible to file their I-485 Adjustment of Status applications, closing the wider filing window that was previously available under the Dates for Filing chart.

Which Employment-based Applicants Are Eligible to File I-485 in May 2026?

In a significant shift from previous months, USCIS has determined that it will use the Final Action Dates chart for employment-based filings in May 2026. This restricts the pool of applicants who can file an I-485 compared to earlier this year.

By using the Final Action Dates chart, USCIS will allow the following applicants to file I-485 in the month of May 2026.   The change (“forward” or “retrogression”) noted below is related to the I-485 filing eligibility from the prior month.

Worldwide (ROW)

• EB-1 ROW with any priority date (approved or pending I-140);
• EB-2 ROW with any priority date (remains Current);
• EB-3 ROW with a priority date before June 1, 2024 (effective retrogression; category was Current for filing in April).

India

• EB-1 India with a priority date before April 1, 2023 (effective retrogression of 8 months compared to April’s filing date of December 1, 2023);
• EB-2 India with a priority date before July 15, 2014 (effective retrogression of 6 months compared to April’s filing date of January 15, 2015);
• EB-3 India with a priority date before November 15, 2013 (effective retrogression of 14 months compared to April’s filing date of January 15, 2015).

China

• EB-1 China with a priority date before April 1, 2023 (effective retrogression of 8 months compared to April’s filing date of December 1, 2023);
• EB-2 China with a priority date before September 1, 2021 (effective retrogression of 4 months compared to April’s filing date of January 1, 2022);
• EB-3 China with a priority date before June 15, 2021 (effective retrogression of 6.5 months compared to April’s filing date of January 1, 2022).

Summary of the May 2026 Visa Bulletin – Employment-Based (EB)

Please note that USCIS will determine and publish, about a week after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Summary of the May 2026 Visa Bulletin – Family-Based (FB)

USCIS will determine and publish separately, a few days after this Visa Bulletin is published, whether or not to accept I-485 filings on the basis of these filing dates.

Current Date?

Our office stands ready to assist in the applicable process.  There are many applicants across many of the employment and family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

Confused About the Visa Bulletin?

We understand that the Visa Bulletin, with its the multiple publications, categories and conditions may be confusing – we invite you to review our Visa Bulletin Explained article for our attempt in helping applicants understand the Visa Bulletin and know what to look for (and when).

Further Updates and News

We invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics. We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about this month’s Visa Bulletin.