Attorney Insight
The U.S. Department of State’s May 2026 Visa Bulletin confirms that the EB-2 category for China-born applicants remains frozen at September 1, 2021, for the fourth consecutive month. This prolonged stagnation contrasts with other categories such as EB-1, which advanced to April 1, 2023, and EB-3 which showed minor forward movement. From our experience representing corporate executives and high-net-worth investors, this freeze poses both challenges and opportunities that require strategic planning.

Previously, applicants in EB-2 China had seen slow but steady progression in priority dates, allowing some to file their I-485 adjustment of status applications. The current freeze means no new I-485 filings can be approved for applicants with priority dates after September 1, 2021, limiting the green card pipeline for many. USCIS’s policy framework under 8 CFR §204.5(k)(2) requires that final action dates must be current for approval, so the freeze effectively halts approvals in this category.

Attorney Insight
For H-1B workers aspiring to transition to permanent residency via EB-2 National Interest Waiver (NIW) or employer-sponsored EB-2, the stagnation demands a reassessment. Based on our practical cases, we recommend clients in this status to explore alternative paths such as EB-1A or EB-1C if they qualify, where priority dates remain current or more favorable. For example, EB-1C is an excellent option for multinational managers, with priority dates currently at April 1, 2023, offering a faster route.

Additionally, investors who planned to use EB-2 NIW or EB-5 may consider the current EB-5 rural and infrastructure categories, which remain current for China-born applicants as of May 2026. This can be particularly advantageous given the EB-5 program’s recent enhancements and more flexible investment options. Our team recently helped an investor switch from EB-2 NIW to an EB-5 rural project, expediting the green card timeline.

Actionable steps include (1) verifying your priority date and visa bulletin monthly at travel.state.gov, especially Table A (Final Action Dates), to know when you can file or expect approval; (2) for those with priority dates near or before September 1, 2021, prepare your I-485 and supporting documentation to file promptly when dates advance; (3) assess eligibility for EB-1 categories or EB-5 options with your attorney to diversify your green card strategies.

From a policy perspective, the freeze likely reflects demand-supply dynamics and backlog management by the Department of State. While frustrating, it also underscores the importance of flexibility and multiple filing strategies. We advise clients not to wait passively but to actively pursue parallel tracks where possible. For example, an L-1 intracompany transferee might consider EB-1C to avoid EB-2 bottlenecks, while H-1B holders might look at O-1 or L-1 alternatives as bridges.

Attorney Insight
In summary, the EB-2 China freeze means applicants must be vigilant and proactive. Our firm continues to monitor visa bulletin trends, USCIS policy updates, and legal developments to guide clients through this challenging phase. As always, a tailored, multi-path approach is the best way to mitigate delays and seize available opportunities.

Data Sources:

  • Visa Bulletin, May 2026, U.S. Department of State [1]
  • USCIS Policy Manual, 8 CFR §204.5(k)(2) [2]

[1] travel.state.gov [2] uscis.gov