LawFlash

US Department of State Releases May 2026 Visa Bulletin

April 30, 2026

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates Chart for Employment-Based Adjustment of Status Applications in May 2026. As a result, many adjustment of status applicants who were eligible to file their applications in April 2026 will not be eligible to file their applications in May 2026.

The US Department of State has released its May 2026 Visa Bulletin outlining per-country priority date cutoffs that regulate immigrant visa availability and the flow of adjustment of status application and consular immigrant visa application filings and approvals.

WHAT DOES THE MAY 2026 VISA BULLETIN SAY?

The bulletin includes both a Dates for Filing Visa Applications chart and an Application Final Action Dates chart. The former indicates when intending immigrants may file their applications for adjustments of status or immigrant visas, and the latter indicates when adjustment of status applications or immigrant visa applications may be approved and permanent residence granted.

Each month, the USCIS chooses which chart it will follow. For May 2026, the USCIS will follow the Final Action Dates chart for employment-based (EB) filings for adjustment of status. This means that individuals seeking to file applications for adjustment of status with the USCIS in May 2026 must use the Final Actions Dates chart below.

FINAL ACTION CUTOFF DATES

To be eligible to file an EB adjustment application in May 2026, a foreign national must have a priority date that is earlier than the date listed below for their preference category and country. The “C” listing indicates that the category is current, and applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date that is earlier than the listed date may file their applications.

Employment- Based

All Chargeability
Areas Except
Those Listed

China-
Mainland
Born

India

Mexico

Philippines

1st

C

01APR23

01APR23

C

C

2nd

C

01SEPT21

15JUL14

C

C

3rd

01JUN24

15JUN21

15NOV13

01JUN24

01AUG23

Other Workers

01FEB22

01FEB19

15NOV13

01FEB22

01NOV21

EMPLOYMENT-BASED FIRST PREFERENCE (EB-1)

The EB-1 cutoff date for All Chargeability Areas, Mexico, and the Philippines will be current. This means that all applicants chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.

The EB-1 cutoff date for China and India will be April 1, 2023. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before April 1, 2023 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED SECOND PREFERENCE (EB-2)

The EB-2 cutoff date for All Chargeability Areas, Mexico, and the Philippines will be current. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed can file their I-485 applications with the USCIS.

The EB-2 cutoff date for China will be September 1, 2021. This means that China EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before September 1, 2021 can file their I-485 applications with the USCIS.

The EB-2 cutoff date for India will be July 15, 2014. This means that India EB-2 applicants whose I-485 applications have not yet been filed and have a priority date before July 15, 2014 can file their I-485 applications with the USCIS.

EMPLOYMENT-BASED THIRD PREFERENCE (EB-3)

The EB-3 cutoff date for All Chargeability Areas and Mexico will be June 1, 2024. This means that all applicants who are chargeable to these areas whose I-485 applications have not yet been filed and have a priority date before June 1, 2024 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for China will be June 15, 2021. This means that China EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before June 15, 2021 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for India will be November 15, 2013. This means that India EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before November 15, 2013 can file their I-485 applications with the USCIS.

The EB-3 cutoff date for the Philippines will be August 1, 2023. This means that Philippines EB-3 applicants whose I-485 applications have not yet been filed and have a priority date before August 1, 2023 can file their I-485 applications with the USCIS.

OTHER WORKERS

The Other Workers cutoff date for All Chargeability Areas and Mexico will be February 1, 2022. This means that Other Worker applicants from these areas whose I-485 applications have not yet been filed and have a priority date before February 1, 2022 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for China will be February 1, 2019. This means that Other Worker applicants from China whose I-485 applications have not yet been filed and have a priority date before February 1, 2019 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for India will be November 15, 2013. This means that Other Worker applicants from India whose I-485 applications have not yet been filed and have a priority date before November 15, 2013 can file their I-485 applications with the USCIS.

The Other Workers cutoff date for the Philippines will be November 1, 2021. This means that Other Worker applicants from Philippines whose I-485 applications have not yet been filed and have a priority date before November 1, 2021 can file their I-485 applications with the USCIS.

SIGNIFICANT DEVELOPMENTS

When USCIS determines that there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

USCIS’s decision to use the Final Actions Date chart in May 2026 indicates that USCIS no longer forecasts that there are more immigrant visas available for the fiscal year than there are known applicants. As a result, fewer applicants will be eligible to file adjustment of status applications in May 2026 and priority date advancement will likely be slower until the end of the fiscal year.

Contacts

If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following:

Authors
Eleanor Pelta (Washington, DC)
Whitney Lohr (Miami)