The May 2026 Visa Bulletin maintains a status quo for the major employment-based categories relevant to Chinese applicants, notably EB-1, EB-2, and EB-3. For China-born applicants, EB-1 remains at April 1, 2023, EB-2 at September 1, 2021, and EB-3 at June 15, 2021, indicating no forward movement compared to April 2026. This continuation of freeze means that for executives and multinational managers applying under EB-1C or those on L-1 visas preparing for adjustment of status, the wait times remain lengthy.

However, the EB-5 category for traditional investment projects shows a meaningful advancement: the Final Action Dates (Table A) for China moved forward by 21 days from September 1, 2016, to September 22, 2016, and the Dates for Filing (Table B) advanced by 151 days from November 29, 2016, to March 1, 2017. This is a positive sign for EB-5 investors who have been waiting for their priority dates to become current. Importantly, the Rural and High Unemployment Area (TEA) EB-5 categories remain current (C), continuing to offer a faster path for qualified investors.

Attorney Insight
From our practical experience, the EB-5 advancement means that investors whose priority dates approach or pass these new cutoffs should immediately prepare to file their I-485 adjustment of status applications. We recommend confirming your I-797 approval notice validity, ensuring all financial documentation and source of funds evidence are updated and robust, as USCIS has been strict in recent years (see 8 CFR §204.6(j)(3)). For those still in the EB-5 pipeline, careful attention to project compliance and timely filing is critical to avoid losing priority.

In contrast, for EB-1C applicants—typically senior managers or executives transferred via L-1 intra-company transfer visas—the continued freeze on priority dates means no immediate filing advantage. Based on our cases, we advise clients to maintain valid L-1 status and consider premium processing for I-140 petitions where applicable, to minimize processing delays once priority dates advance. Additionally, preparing a comprehensive petition with detailed organizational charts and job descriptions aligned with USCIS guidelines (8 CFR §204.5(j)(5)) helps reduce the risk of Requests for Evidence (RFE).

A recent client case illustrates these points: a fintech executive applying under EB-1C had his initial petition delayed due to insufficient demonstration of managerial duties. After we supplemented detailed evidence aligned with 8 CFR 204.5(j)(5), the petition was approved without further RFE, allowing timely adjustment of status once the priority date became current. This underscores the importance of precision in documentation.

Actionable steps for clients this month are:

  1. 1EB-5 investors whose priority dates are near or past September 22, 2016, should prepare and file I-485 applications promptly, ensuring all source-of-funds paperwork is updated.
  2. 2EB-1C and L-1 clients should review their current L-1 status validity and consult with HR to file any needed extensions or premium processing petitions to avoid gaps.

In summary, while EB-1, EB-2, and EB-3 remain frozen for China-born applicants, the EB-5 category offers a clear forward movement opportunity. Clients in EB-5 should capitalize on this by timely preparing adjustment applications, and corporate executives should focus on maintaining valid L-1 status and preparing strong EB-1C petitions for when priority dates advance.

This means that if you are an EB-5 investor, now is the time to act on your filing window; if you are an executive or manager relying on EB-1C/L-1, focus on status maintenance and petition quality to be ready for future priority date movements.

Data Sources

[1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov