The U.S. Citizenship and Immigration Services (USCIS) has announced that employment-based green card applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status, in May 2026 must use the Final Action Dates chart from the State Department’s Visa Bulletin.
Until now, USCIS had allowed the use of the more generous Dates for Filing chart for employment-based adjustment of status applications. The shift back to the Final Action Dates chart narrows eligibility, meaning applicants cannot file their Form I-485 unless their priority date is fully current under that chart.
Family-based green card applicants will still be permitted to use the Dates for Filing chart, but the stricter rule for employment-based categories could delay filings for many workers preparing applications in the United States.
According to the May 2026 Visa Bulletin, employment-based categories remain current for most countries worldwide in the first and second preferences. However, India and China continue to face significant backlogs. As of May, the employment-based third preference (“skilled workers”) cutoff date stands at June 1, 2024, for most countries, while India’s date is Nov. 15, 2013, and China’s is June 15, 2021.
The change poses challenges for foreign professionals in the U.S. who rely on earlier filing dates to secure work permits and travel documents during the green card process. By mandating the use of Final Action Dates, USCIS aims to better align pending applications with the number of actual visas available. For many workers, that means remaining in the waiting queue until their priority date becomes current.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
