The May 2026 Visa Bulletin introduces a significant procedural change in how USCIS processes employment-based adjustment of status (I-485) applications. Historically, USCIS allowed applicants to file Form I-485 based on the "Dates for Filing" chart, which generally permitted earlier filing than the "Final Action Dates." Starting May 1, 2026, USCIS will require applicants to use the Final Action Dates for employment-based categories, aligning the filing and approval cutoffs.
Under the old system, applicants with priority dates earlier than the Dates for Filing could submit their I-485 applications, even if their Final Action Dates were not current, enabling them to enter the queue earlier and benefit from earlier work and travel authorization. However, this occasionally caused confusion and premature filings that USCIS could not adjudicate immediately, leading to Requests for Evidence (RFEs) or delays.
The new approach means that only applicants whose priority dates are earlier than the Final Action Dates can file or have their I-485 approved. This change improves predictability and reduces USCIS workload from premature filings but may extend the wait for applicants who previously could file earlier based on Dates for Filing.
From our practice perspective, this change particularly affects Chinese employment-based applicants, especially in EB-1C (multinational executives), EB-2, and EB-3 categories. For example, in May 2026, the Final Action Date for EB-1 China is April 1, 2023, while the Dates for Filing was December 1, 2023. Previously, applicants with priority dates between these two dates could file I-485 early, but now they must wait until their priority dates are before April 1, 2023 to file.
We recently assisted a fintech executive whose EB-1C priority date was November 2023. Under the old system, he could have filed I-485 in late 2025, but with this new rule, he must wait until his priority date becomes current under the Final Action Dates. This delay impacts work authorization renewals and green card timeline planning.
- 1Verify your priority date against the May 2026 Final Action Dates before preparing or submitting your I-485. Filing prematurely risks RFE or denial under INA § 245(a).
- 2Employers should coordinate with HR to adjust timelines for PERM and I-140 filings to align with this updated USCIS policy, avoiding unnecessary early filings.
Moreover, understanding 8 CFR 245.2(a)(2)(i)(B) is crucial, which governs the eligibility for adjustment of status based on visa availability. The change aligns USCIS practice more closely with the statutory requirement that visa numbers must be available at the time of filing I-485.
In summary, this policy shift streamlines USCIS processing and reduces premature filings but requires careful timing adjustments. Chinese applicants in EB-1C and EB-2 should monitor their priority dates carefully and plan accordingly. Employers and immigration counsel must update internal workflows to ensure compliance and avoid costly mistakes.
Data sources: [1] U.S. Department of State, travel.state.gov [2] USCIS, uscis.gov