Did Your Priority Date Move? November 2026 Visa Bulletin
Bottom line for employers: the November 2026 Visa Bulletin advances Final Action Dates in a number of employment-based categories, while the Dates for Filing chart holds steady from October.1 For sponsored employees with pending green card cases — particularly those born in mainland China or India — a Final Action advance may move cases closer to approval, but it generally does not open new filing opportunities by itself. Which employees benefit, which chart controls a new I-485 filing, and whether the movement will hold are separate questions. Here are the ones HR teams are asking.
Q1: What actually changed in November?
Final Action Dates advanced; Dates for Filing did not.
The two charts serve different functions, so the split movement matters. Employers should pull the exact cutoff dates for each affected employee's category and country of chargeability from the official State Department bulletin rather than relying on headlines.2
| CATEGORY | ALL AREAS | CHINA | INDIA | MEXICO | PHILIPPINES |
| EB-1 | Current — | 2023-08-01 ▲ +31d | 2023-02-01 — 0 | Current — | Current — |
| EB-2 | 2025-04-01 ▲ +90d | 2021-10-01 — 0 | 2013-11-01 — 0 | 2025-04-01 ▲ +90d | 2025-04-01 ▲ +90d |
| EB-3 | 2024-06-15 ▲ +31d | 2022-01-22 ▲ +14d | 2014-01-22 ▲ +21d | 2024-06-15 ▲ +31d | 2023-08-15 — 0 |
| Other Workers | 2022-06-01 ▲ +151d | 2019-10-01 — 0 | 2014-01-22 ▲ +21d | 2022-06-01 ▲ +151d | 2022-01-01 — 0 |
| EB-4 | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 |
| Certain Religious Workers | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 | 2022-12-15 — 0 |
| EB-5 Unreserved | Current — | 2016-12-01 — 0 | 2023-12-01 — 0 | Current — | Current — |
| EB-5 Set Aside: Rural | Current — | Current — | Current — | Current — | Current — |
| EB-5 Set Aside: High Unemployment | Current — | Current — | Current — | Current — | Current — |
| EB-5 Set Aside: Infrastructure | Current — | Current — | Current — | Current — | Current — |
Q2: Does a Final Action advance mean our employee's green card will be approved this month?
Not necessarily.
If an employee's priority date is earlier than the applicable Final Action cutoff, a visa number may be available and a pending I-485 may ordinarily be approved — but the case must also be documentarily complete and otherwise approvable. An advance describes that month only; cutoff dates can move forward, hold, or retrogress as demand and visa availability shift. A cutoff date is not a countdown, and movement in one bulletin does not establish a completion timeline.
Q3: Can employees file new I-485 applications based on this bulletin?
It depends on which chart USCIS honors in November.
For adjustment of status filed inside the United States, USCIS announces each month whether applicants may use the Dates for Filing chart or must use the Final Action Dates chart.3 Because Dates for Filing held steady, employees who were not eligible to file in October generally will not gain a new filing window from that chart in November — but if USCIS honors the Final Action chart, the advance itself may create filing eligibility for some priority dates. Confirm the USCIS chart selection before preparing any filing.
Q4: Which employees should HR check first?
Those with priority dates near the new cutoffs — measured by country of birth, not passport.
Visa chargeability generally follows the employee's country of birth, not current nationality. A China-born employee holding a Canadian passport is ordinarily charged to China. Two factors can change the analysis:
- Cross-chargeability: an employee whose spouse was born in a country with a more favorable cutoff may be able to use the spouse's chargeability, subject to applicable requirements.
- Priority date retention: an employee may be able to retain an earlier priority date from a previously approved employment-based I-140, which can place the case ahead of the current filing's date.
Q5: What happens if dates retrogress after an employee files?
A properly filed I-485 generally remains pending, but approval waits.
If retrogression occurs after filing, the application ordinarily stays in the queue until a visa number is again available, and the applicant may generally maintain associated benefits such as employment authorization while it is pending. This is why a filing window — even one followed by retrogression — can carry real value, and why eligible employees may wish to evaluate filing while a window is open rather than waiting for a "better" month that may not come.
Employer Action Items
- Pull the November 2026 bulletin and compare each sponsored employee's priority date against the new Final Action cutoffs for their category and country of birth.
- Confirm which chart USCIS honors for November adjustment-of-status filings before preparing any new I-485.
- Screen affected employees for cross-chargeability through a spouse's country of birth and for retained priority dates from prior approved I-140 petitions.
- For employees with pending I-485s whose dates are now current, confirm medical examinations and other documents are complete so adjudication is not delayed.
- Avoid promising employees a green card timeline based on one month's movement; dates can hold or retrogress in future bulletins.
Whether this month's movement helps a particular employee turns on facts only a case-by-case review can answer: the priority date, country of birth of both spouses, any retained earlier priority date, and which chart USCIS honors in November. Visa Bulletin windows have historically opened and closed with little warning, and a missed filing month can mean a materially longer wait — so now is the time to have experienced counsel review each sponsored employee's position against the new dates.
The Law Firm of Attorney Peng, PLLC
Information current as of October 20, 2026. Filing eligibility should be confirmed against the Visa Bulletin and USCIS chart selection in effect at the time of filing.
1 November 2026 Visa Bulletin: Final Action Dates Advance, Filing Dates Hold — Ogletree
2 Visa Bulletin — U.S. Department of State
3 When to File Your Adjustment of Status Application — USCIS
This newsletter is for general informational purposes only and does not constitute legal advice. Attorney advertising. © The Law Firm of Attorney Peng, PLLC.