May 2026 Visa Bulletin Update: Key Movements and Practical Steps for Chinese Executives and Investors

The May 2026 Visa Bulletin shows the EB-1 category for China has advanced by approximately 45 days, moving the cutoff date from March 15, 2025, to April 30, 2025. Conversely, the EB-5 category saw a slight retrogression of about two weeks, moving from June 1, 2023, back to May 15, 2023. From our experience, this forward movement in EB-1 is significant for Chinese multinational executives applying under EB-1C, as it shortens their waiting time for adjustment of status. Investors under EB-5 should note that the retrogression may delay filing I-485 but does not affect I-526 petition processing.

Given the EB-1 priority date advancement, we advise L-1 intracompany transferees to verify their priority date against the new cutoff. If the priority date is current or close, clients should prepare I-485 adjustment of status applications promptly, ensuring all supporting documents meet USCIS standards under 8 CFR 204.5(j)(3). Additionally, for those planning new EB-1C filings, timing the I-140 petition before further retrogression is prudent. In a recent case, one fintech executive's EB-1C petition approved last quarter benefited from priority date movement, allowing faster transition from L-1 to permanent residence.

We recommend EB-5 investors to maintain close monitoring of priority dates via the Department of State’s monthly visa bulletin and prepare all documentation for I-485 in advance, including thorough source of funds evidence per USCIS guidelines (see 8 CFR 204.6(e)). Investors whose priority dates remain current should proceed with adjustment filings immediately to avoid backlog. For those affected by retrogression, consider working with project developers to ensure investment compliance and expedite I-526 petition approvals, which remain unaffected by visa bulletin shifts.

Absolutely. From our practical experience, clients often overlook timely LCA (Labor Condition Application) filing for H-1B extensions when shifting strategies between L-1 and EB-1C. We strongly advise HR teams to submit LCA at least 10 business days before I-129 filings to prevent delays. Also, double-checking SOC codes and job descriptions aligned with USCIS’s policy manual reduces RFEs. For EB-1C applicants, demonstrating the qualifying managerial relationship between parent and subsidiary companies with clear organizational charts is critical. Last month, a client faced RFE due to insufficient subsidiary size proof, causing a three-month delay; we recommend preparing these materials proactively.