July 2026 Visa Bulletin Explained: Final Action vs. Filing Dates, Child Age-Out & the New I-485 Discretion Memo

July 2026 Final Action Dates (Chart A)

Family-based (Chart A, China-born): F1 (unmarried adult sons and daughters of U.S. citizens) advances a substantial 153 days; F2A (spouses and minor children of permanent residents) unchanged; F2B (unmarried adult sons and daughters of permanent residents) advances 61 days; F3 (married sons and daughters of U.S. citizens) advances 60 days; F4 (siblings of U.S. citizens) advances 54 days.

Employment-based (Chart A, China-born): EB-1 advances 61 days; EB-2/NIW unchanged; EB-3 (professionals and skilled workers) advances 143 days; EB-3 (unskilled/other workers) unchanged; EB-5 (pre-Reform) advances 70 days; EB-5 (set-aside/Reform) unchanged and remains current.

July 2026 Dates for Filing (Chart B)

Family-based (Chart B, China-born): F1 advances 92 days; F2A unchanged and remains current; F2B advances 78 days; F3 unchanged; F4 advances 69 days.

Employment-based (Chart B, China-born): all categories unchanged.

How to Read the Visa Bulletin — Chart A vs. Chart B

U.S. immigration law sets an annual cap on immigrant visa numbers for each preference category and country of birth. When demand for a given country and category reaches that cap, visas are issued in priority-date order. Each month the Department of State publishes the Visa Bulletin to show applicants where the queue stands.

Chart A — Final Action Dates

When the Final Action Date is reached, an immigrant visa number is actually available for that country and category. Only when your priority date is earlier than the Chart A date can you: abroad — file the DS-260 and attend a consular interview to receive an immigrant visa; in the U.S. — have USCIS approve your I-485 adjustment of status.

Chart B — Dates for Filing

Chart B usually advances faster than Chart A. When the Filing Date is reached, applicants in that country and category may file I-485 early; this matters only for those adjusting status inside the United States. Unlike Chart A, Chart B is not automatically in effect — USCIS announces separately each month whether Chart B may be used for I-485 filings.

Applicants who are eligible under Chart B, have a current Filing Date, and hold valid status in the U.S. may file I-485 together with I-131 (advance parole) and I-765 (EAD). This lets them obtain travel permission (without affecting the pending I-485) and work authorization while the green card is pending.

A Typical In-Country Filing Timeline

Chart B becomes current → file I-485 / I-131 / I-765 in the U.S. → once I-765 is approved, you may begin working lawfully → once I-131 is approved, you may travel without affecting I-485 adjudication → Chart A becomes current → USCIS begins adjudicating your I-485.

Policy Change 1: Child Age Lock Now Tied to Chart A

Only unmarried children under 21 can obtain a green card together with the principal applicant. For the past several years, a derivative child's age could be locked using the Chart B date — the age at I-485 filing controlled, so even if the child turned 21 during adjudication, the green card could still be granted. This led many families with older children to favor adjustment of status inside the U.S.

Under the rule effective August 15, 2025, USCIS no longer locks age based on Chart B — filing I-485 no longer locks the child's age. Age is locked only when Chart A reaches the priority date. Families waiting in the queue should note that the calculation of whether a child has aged out has changed; if you are unsure, contact our legal team using the details below.

Policy Change 2: The I-485 Discretion Memo (PM-602-0199)

On May 21, 2026, USCIS issued policy memorandum PM-602-0199, formally titled "Adjustment of Status and Discretion," effective May 22 and applicable to all I-485 cases pending at that time.

The memo reframes the in-country I-485 (AOS) process — previously treated as a routine green card channel — as an "administrative grace" and an "extraordinary form of relief," while designating consular processing abroad as the standard path.

The memo itself changes no statutory requirement, adds no new forms, and alters no filing procedure. Instead, it changes how officers approach I-485 adjudication. First, approval of an I-485 is a matter of discretion delegated to the USCIS Director, not a right the applicant inherently holds. Second, even when an applicant meets every statutory eligibility requirement, the officer must still weigh the totality of circumstances in deciding whether to grant adjustment as a matter of discretion. Third, applicants should proactively present unusual or even outstanding reasons supporting why they should obtain status through I-485.

On May 29, 2026, after a week of public debate, USCIS issued a clarification stating that it was merely reaffirming long-standing discretionary authority and that the I-485 path remains open to qualified applicants.

Factors Officers Weigh in Exercising Discretion

Favorable equities: close family ties in the U.S., especially U.S.-citizen spouses, children, and parents; a long record of lawful employment and tax compliance; community involvement and volunteer service; U.S. military service; good moral character; significant humanitarian considerations.

Adverse factors: any history of immigration violations; accrued unlawful presence; a criminal record; misrepresentation or fraud in the application; national-security concerns; repeated or prolonged violations.

Guidance From The Peng Law

Policy has shifted frequently in recent months. Applicants who have already filed should track priority-date movement closely so as not to miss their window to act; those who have not yet filed should confirm document details with an immigration attorney before acting — and, just as important, fully disclose prior U.S. visa application history, periods of stay, and other key background.

Since the I-485 memo was released we have received many inquiries, but there is no need to panic — the memo simply reminds officers to exercise discretion they already held, and it changes no law. While the adjudication framework is stricter and filing an I-485 does not mean automatic approval, in our assessment those who hold dual-intent visas and live and work in the U.S. (such as L-1 and H-1B holders) are relatively safe; even if an RFE issues, there are sound reasons to explain why adjustment inside the U.S. is necessary. The greater impact falls on those who enter on B-1/B-2 or other visas that do not permit dual intent and then, after roughly 90 days, seek a green card through I-485.