May 2026 Visa Bulletin: USCIS Switches to Final Action Dates — What EB Applicants Must Know

May 2026 Visa Bulletin: USCIS Switches to Final Action Dates — What EB Applicants Must Know

The May 2026 Visa Bulletin brought a significant and unexpected shift for employment-based (EB) green card applicants: for the first time in months, USCIS announced it will only honor Final Action Dates for all EB preference categories — eliminating the more favorable Dates for Filing (Chart B) that applicants had relied on since late 2025. If you had been waiting to file Form I-485 under Chart B, this change may have already affected your eligibility window.

What Changed in May 2026

Each month, USCIS decides which chart — Chart A (Final Action Dates) or Chart B (Dates for Filing) — it will use to determine filing eligibility for adjustment of status. Chart B is almost always more favorable, allowing applicants to file I-485 earlier, before their priority date is technically “current” under Chart A.

For May 2026, USCIS made a dramatic reversal:

  • Employment-Based (EB) categories: USCIS will ONLY accept I-485 filings based on Final Action Dates (Chart A). Chart B is not available for EB applicants in May 2026.
  • Family-Based (FB) categories: USCIS will continue accepting filings based on Dates for Filing (Chart B).
  • Critical deadline passed: April 30, 2026 was the last day to file using Chart B for EB categories. Applicants who missed this window may not be able to refile for months or longer.

Employment-Based Priority Dates: May 2026

The Final Action Dates for employment-based categories in May 2026 show minimal forward movement compared to April. Here is a summary of the key categories:

EB-1 (Priority Workers)

EB-1 remains current for most countries — meaning applicants from most countries with an approved I-140 in this category can file immediately. The main exception is India and China, which continue to face significant backlogs. India EB-1 remained unchanged in May 2026 with no forward movement. China EB-1 also held steady.

EB-2 and EB-3

EB-2 and EB-3 Final Action Dates for most countries (except India and China) remain current, meaning applicants from countries like Mexico, Philippines, South Korea, and others with a priority date can file immediately. India EB-2 and EB-3 continue to have among the longest backlogs in the system — projected wait times exceeding a decade. No forward movement was recorded for India or China in these categories for May 2026.

EB-5 (Investor Visas)

The most notable movement in the employment-based section: China EB-5 Unreserved advanced by approximately three weeks. While modest, this is welcome news for Chinese EB-5 investors who have been waiting in the backlog. Other EB-5 categories and countries remain largely current or unchanged.

Family-Based Priority Dates: May 2026

Family-based categories continue to use Chart B (Dates for Filing) in May 2026, and several saw meaningful forward movement:

  • F-1 (Unmarried sons/daughters of U.S. citizens): Advanced approximately seven months — one of the largest single-month movements of the fiscal year. This is a significant opportunity for F-1 applicants who have been waiting.
  • F-2B (Unmarried sons/daughters of LPRs, age 21+): Advanced modestly. Applicants in this category should verify their specific country’s date.
  • F-3 and F-4: F-3 saw modest movement; F-4 advanced slightly for most countries.
  • F-2A (Spouses and minor children of LPRs): Remains current for most countries, meaning applicants in this category can generally file immediately.

Why Did USCIS Drop Chart B for EB Categories?

USCIS bases its monthly chart selection on projected visa availability for the fiscal year. When USCIS determines that demand for final action in a given category is high enough to use all available visa numbers before the fiscal year ends (September 30), it must switch to Final Action Dates to avoid oversubscribing the annual cap.

The switch in May 2026 signals that USCIS believes the remaining EB visa numbers for FY2026 will be consumed quickly, and it cannot afford to accept additional Chart B filings without risking running out of visas. This is particularly common in the second half of the fiscal year (April–September), when most of the annual quota has already been allocated.

In practical terms: if you were waiting to file your I-485 under Chart B, and your priority date is current under Dates for Filing but NOT under Final Action Dates, you are now stuck until either Final Action Dates advance past your priority date, or USCIS opens Chart B again in a future month.

What Should EB Applicants Do Now?

If you have an approved I-140 and are waiting to file Form I-485, here is what you should do right now:

Diversity Visa (DV-2026) Program Update

The Diversity Visa program also saw a policy update relevant to May 2026: amendments from the National Defense Authorization Act for FY2024 further reduce the DV-2026 annual limit to approximately 52,000 visas (down from the traditional 55,000). DV-2026 selectees and their derivatives should ensure their cases are processed as early as possible given the reduced cap.

How to Read the May 2026 Visa Bulletin

The Visa Bulletin is published monthly by the U.S. Department of State. It contains two charts for each visa category: Chart A (Final Action Dates) and Chart B (Dates for Filing). Your priority date — the date your employer or family member filed your immigrant petition — determines whether you are “current” under each chart.

To determine your eligibility for May 2026:

  • Locate your visa preference category (EB-1, EB-2, EB-3, F-1, F-2A, etc.)
  • Find your country of birth (not nationality) in the chart — the relevant countries with separate dates are India, China, Mexico, and Philippines for most categories
  • Compare the date in the chart to your priority date — if your priority date is earlier than the chart date, you are current
  • For May 2026: EB applicants must be current under Chart A (Final Action Dates) only

Frequently Asked Questions

Can I still file I-485 under Chart B in May 2026?
No. For employment-based categories, USCIS is only accepting I-485 filings based on Final Action Dates (Chart A) in May 2026. Chart B is available only for family-based categories this month.

What if my priority date was current under Chart B but not Chart A?
Unfortunately, you cannot file in May 2026 unless your priority date is also current under Final Action Dates. You will need to wait for either the Final Action Date to advance, or for USCIS to reinstate Chart B in a future month.

Does this affect my I-140 approval?
No. The Visa Bulletin only affects when you can file Form I-485 (adjustment of status). Your approved I-140 and your priority date are not affected by this change.

Will USCIS go back to Chart B in June 2026?
It’s possible but not guaranteed. USCIS makes this determination monthly based on visa number projections. Check the June 2026 Visa Bulletin announcement — USCIS typically publishes its chart selection decision in the first week of the month.

What about family-based petitions — is Chart B still available?
Yes. Family-based preference categories can still use Chart B (Dates for Filing) in May 2026. If you have a pending family-based I-130 and your priority date is current under Chart B, you may be able to file I-485 this month.

How to Read the DOS Visa Bulletin Published monthly — determines when you can file or get your green card Chart A: Final Action Dates When USCIS can approve your green card Your priority date must be BEFORE the cutoff date shown in Chart A Example row (May 2026): Category All Chargeability India F2A (spouse of LPR) Current ✓ Current ✓ F3 (married USC child) 01MAY13 01MAY13 EB-2 01DEC23 01MAR12 ←wait “Current” = no wait, file now “U” = Unavailable (retrogressed) Chart B: Dates for Filing When you can file I-485 (AOS) — if USCIS allows USCIS announces each month whether Chart B is usable for filing I-485 Chart B dates are typically earlier (more generous) than Chart A Chart B lets you file I-485 sooner = get EAD/AP while waiting = lock in your priority date ⚠ If USCIS says “Final Action Dates” only, you must use Chart A and cannot file until date is current Your Priority Date = date USCIS received your I-130, I-140, or labor certification Chargeability = country of birth (not citizenship) | Bulletin published ~2nd week of each month visafortheunitedstates.com

How to read the Visa Bulletin — Chart A vs Chart B, priority dates, and chargeability.

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