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The January 2026 Visa Bulletin appears to deliver positive developments for employment-based immigration, with notable forward movement across most categories. Both Final Action Dates (Chart A) and Dates for Filing (Chart B) reflect improved visa availability, and USCIS will continue accepting adjustment-of-status applications under Chart B for January.

EB-5 (Unreserved) Highlights

  • China (Mainland-Born)
    • Final Action Dates: Advanced from July 15, 2016, to Aug. 15, 2016 (31-day progression);
    • Dates for Filing: Moved to Aug. 22, 2016, marking a similar one-month gain.
  • India:
    • Final Action Dates: Jumped from July 1, 2021, to May 1, 2022;
    • Dates for Filing: Jumped to May 1, 2024, a 761-day advancement, the largest among EB categories.
  • All Other Countries: Remain current for EB-5 unreserved visas, with no backlog.

Reserved EB‑5 Categories

All three set-aside categories, Rural, High Unemployment, and Infrastructure, remain current in both charts, with no retrogression.

Implications for EB-5 China Applicants

While China’s one-month advancement may seem modest compared to India’s leap, it represents steady progress for a category historically burdened by long backlogs. For investors who have been waiting for years, even incremental movement may be meaningful.

Key Takeaways

  • Priority Date Eligibility: For applicants whose EB-5 priority date is before Aug. 15, 2016, their petitions are now eligible for approval under the current bulletin. However, eligibility does not guarantee approval in January; it simply means a case may proceed when a visa number is available and all processing steps are complete.
  • Adjustment of Status Filing: Applicants with priority dates before Aug. 22, 2016, may file under Chart B, as USCIS continues to accept filings based on projected visa availability. Processing timelines will depend on USCIS workload and visa number allocation.
  • Consular Processing (Outside the United States): If applicants are abroad and their priority dates are current under the Final Action Dates chart (e.g., before Aug. 15, 2016), the National Visa Center (NVC) can schedule their immigrant visa interviews once their cases are documentarily qualified. Timelines vary based on NVC scheduling and consular appointment availability.

EB-5 investors may see these advancements as a promising start to 2026, particularly those from China and India. The advancements suggest continued momentum in employment-based immigration.

For more details, please refer to the Visa Bulletin for January 2026.

The U.S. Department of State (DOS) released the availability of immigrant numbers in its March 2025 Visa Bulletin. All dates listed below are based on the final action dates for employment-based preference cases. Applicants must have a priority date that is earlier than the final action date listed for their preference category and country to be eligible to file an employment-based adjustment of status application.

EB-1: Employment-Based, First Preference Category

All EB-1 categories see no movement and the dates remain unchanged. Mexico, Philippines, and All Chargeability categories remain current; EB-1 India remains fixed at Feb. 1, 2022; and EB-1 China remains fixed at Nov. 8, 2022.

EB-2: Employment-Based, Second Preference Category

In the EB-2 category, Mexico, Philippines, and All Chargeability categories advance six weeks to May 15, 2023. EB-2 India also jumps six weeks to Dec. 1, 2012. EB-2 China advances to May 8, 2020.

EB-3: Employment-Based, Third Preference Category

Both China and India show movement in the EB-3 category, as China advances one month to Aug. 1, 2020, and India advances six weeks to Feb. 1, 2013. There is no movement in the EB-3 dates for Mexico, Philippines, and All Chargeability areas, which remain at Dec. 1, 2022.

EB-4 Religious Workers

All countries in the EB-4 category retrogressed by 17 months to Aug. 1, 2019.

EB-5: Employment-Based, Fifth Preference Category

There is no change in the final action dates in the EB-5 category for March 2025.

The filing dates of employment-based visa applications are:

The DOS Visa Bulletin summarizes the availability of immigrant numbers and releases final action dates and filing applications date charts monthly for both employment-based visas and family-based visas. USCIS confirms which chart applicants must use to file their adjustment of status application. For March 2025, USCIS announced it will only accept adjustment of status applications based on the final action dates chart for all employment-based preference categories, while all family-sponsored preference categories may use the dates for filing chart.

The U.S. Department of State (DOS) has published the first visa bulletin of the government’s new fiscal year (FY2025). The monthly bulletin published by the DOS summarizes the availability of immigrant numbers. USCIS has also announced that it will utilize the “Dates for Filing” chart published by DOS for both family-sponsored and employment-based preference categories for the month of October.

The October 2024 visa bulletin reflects advancement in several employment-based categories in both the Final Action Dates and Dates for Filing charts. Please see the October 2024 Dates for Filing of Employment-Based Visa Applications chart below:

October 2024 Dates for Filing of Employment-Based Visa Applications chart

In summary, the October Visa Bulletin reflects the following key movements that account for advancements in the visa bulletin from September, which also includes the shift from the Final Action Dates to the Dates for Filing chart:

  • EB-1
    • EB-1 China: advances two months to Jan. 1, 2023
    • EB-1 India: advances six weeks to April 15, 2022
    • EB-1 All Chargeability: remains current
  • EB-2
    • EB-2 China: advances seven months to Oct. 1, 2020
    • EB-2 India: advances five and a half months to Jan. 1, 2013
    • EB-2 All Chargeability: advances four and a half months to Aug. 1, 2023
  • EB-3
    • EB-3 China: advances two and a half months to Nov. 15, 2020
      • The Final Action Dates chart for October 2024 has retrogressed by five months from Sept. 1, 2020, to April 1, 2020, compared to the September 2024 Final Action Dates chart.
    • EB-3 India: advances six and a half months to June 8, 2013
    • EB-3 All Chargeability: advances two years and three months to March 1, 2023

Also of note, pursuant to H.R. 2882, signed March 23, 2024, no Employment Fourth Certain Religious Workers (SR) category visas may be issued overseas, or final action taken on adjustment of status cases after midnight Sept. 29, 2024. The SR category is listed as “Unavailable” for all countries in October. As stated by the DOS in the October bulletin, “In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

As we progress into the new fiscal year, throughout August and into September, DOS made announcements that the annual visa limits for FY 2024 have been reached for the EB-1, EB-2, EB-3, EW, EB-4 and EB-5 unreserved categories.

Overall, the October 2024 visa bulletin shows some positive movement forward for key categories such as the EB-2 categories, EB-3 All Chargeability and EB-3 India, thanks in part to the shift from the Final Actions Date chart to the Dates for Filing chart. The key notable retrogression is for the Final Action Date for EB-3 China; a disappointment given the new allotment of visa numbers as we progress into the government’s FY2025.

On May 8, 2024, the U.S. State Department posted the June 2024 visa bulletin. The Dates for Filing Chart for June 2024, as shown below, is more favorable than the Final Action Dates Chart. The Dates for Filing chart for June 2024 only applies to those who are consular processing outside the United States.

Dates for Filing

U.S. Citizenship and Immigration Services (USCIS) announced that it would continue to use the Final Action Dates chart again for June 2024, which saw no movement in most of the EB-1, EB-2, and EB-3 categories. The only category with slight movement is EB-3 India which advanced from Aug. 15, 2022, to Aug. 22, 2022. Accordingly, an employment-based foreign national must have a priority date that is earlier than the date listed in the Final Action Dates chart for their preference category and country of chargeability in order to be eligible to file an Adjustment of Status application or to have their permanent residence application granted. Below is the June 2024 Final Action Dates chart:

Final Action Dates for Employment-Based Adjustment of Status Applications

On March 8, 2024, the U.S. Department of State (DOS) published the April 2024 Visa Bulletin. This is the first bulletin in the second quarter, and it reflects advances in most employment-based categories, as follows:

  • EB-1
    • EB-1 China: advances six weeks to Sept. 1, 2022;
    • EB-1 India: advances five months to March 1, 2021; and
    • EB-1 All Other Countries: remains current.
  • EB-2
    • EB-2 China: advances one month to Feb. 1, 2020;
    • EB-2 India: advances six weeks to April 15, 2012; and
    • EB-2 All Other Countries: advances seven weeks to Jan. 15, 2023.
  • EB-3
    • EB-3 China: remains the same at Sept. 1, 2020.
    • EB-3 India: advances six weeks to Aug. 15, 2012; and
    • EB-3 All Other Countries: advances 2.5 months to Nov. 22, 2022.

The DOS Visa Bulletin summarizes the availability of immigrant numbers and releases Dates for Filing Applications and Final Action Dates charts monthly for both employment-based and family-based immigrant visas. U.S. Citizenship and Immigration Services (USCIS) then confirms which chart applicants must use to file their Adjustment of Status Application. For April 2024, USCIS confirmed applicants in all family-sponsored preference categories must use the Dates for Filing chart while all employment-based preference categories must use the Final Action Dates chart.

Accordingly, an employment-based foreign national must have a priority date that is earlier than the date listed in the Final Action Date chart for their preference category and country of chargeability in order to be eligible to file an Adjustment of Status application or have the permanent residence application granted. Please see below for the April 2024 Employment-Based Visa Applications Final Action Dates Chart:

Employment-
based		All Chargeability 
Areas Except
Those Listed		CHINA-
mainland 
born		INDIAMEXICOPHILIPPINES
1stC01SEP2201MAR21CC
2nd15JAN2301FEB2015APR1215JAN2315JAN23
3rd22NOV2201SEP2015AUG1222NOV2222NOV22
Other Workers08OCT2001JAN1715AUG1208OCT2001MAY20
4th01NOV2001NOV2001NOV2001NOV2001NOV20
Certain Religious WorkersUUUUU
5th Unreserved
(including C5, T5, I5, R5)		C15DEC1501DEC20CC
5th Set Aside:
Rural (20%)		CCCCC
5th Set Aside:
High Unemployment (10%)		CCCCC
5th Set Aside:
Infrastructure (2%)		CCCCC

DOS projects little to no movement in the priority dates for employment-based categories through the remainder of the fiscal year, which ends Sept. 30, 2024.

On Oct. 9, 2023, the U.S. Department of State (DOS) published the November 2023 Visa Bulletin. This bulletin reflects little movement from the October 2023 Visa Bulletin and no movement in the employment-based Dates for Filing chart, which U.S. Citizenship and Immigration Services (USCIS) announced it would continue to use for employment-based and family-based adjustments of status.

Please see below for the November 2023 Dates for Filing of Employment-Based Visa Applications Chart:

Employment-
based		All Chargeability
Areas Except
Those Listed		CHINA-
mainland 
born		INDIAMEXICO PHILIPPINES 
1stC01AUG2201JUL19CC
2nd01JAN2301JAN2015MAY12 01JAN2301JAN23
3rd01FEB2301SEP2001AUG1201FEB2301JAN23
Other Workers15DEC2001JUN1701AUG1215DEC2015MAY20
4th01MAR1901MAR1901MAR1901MAR1901MAR19
Certain Religious Workers01MAR1901MAR1901MAR1901MAR1901MAR19
5th Unreserved
(including C5, T5, I5, R5)		C01JAN1701APR22CC
5th Set Aside:
(Rural – 20%)		CCCCC
5th Set Aside:
(High Unemployment – 10%)		CCCCC
5th Set Aside:
(Infrastructure – 2%)		CCCCC

The lack of movement in the chart comes on the heels of key advancements in the October 2023 Visa Bulletin—the first Visa Bulletin of the new fiscal year (FY 2024).

As reported in our September 2023 blog post, USCIS stated that the number of employment-based green cards to be issued in FY 2024 is expected to be much lower than in FY 2023 and FY 2022. As a result, there may be less advancement in the visa bulletin during the upcoming fiscal year and a greater chance for retrogression towards the end of FY 2024.

On Sept. 15, 2023, the U.S. Department of State (DOS) published the October 2023 visa bulletin for the start of the government’s new fiscal year (FY 2024). The October 2023 visa bulletin reflects advancements in several employment-based categories in both the Final Action Dates and Dates for Filing Charts. Shortly after the DOS released the latest visa bulletin for the upcoming month, U.S. Citizenship and Immigration Services (USCIS) announced it would shift from using the Dates for Final Action chart in September 2023 to the Dates for Filing chart in October 2023 to determine filing eligibility for employment-based adjustment of status. Please see below for the October 2023 Dates for Filing of Employment-Based Visa Applications Chart:

Employment-
based		All Chargeability
Areas Except
Those Listed		CHINA-
mainland 
born		INDIAMEXICO PHILIPPINES 
1stC01AUG2201JUL19CC
2nd01JAN2301JAN2015MAY12 01JAN2301JAN23
3rd01FEB2301SEP2001AUG1201FEB2301JAN23
Other Workers15DEC2001JUN1701AUG1215DEC2015MAY20
4th01MAR1901MAR1901MAR1901MAR1901MAR19
Certain Religious Workers01MAR1901MAR1901MAR1901MAR1901MAR19
5th Unreserved
(including C5, T5, I5, R5)		C01JAN1701APR22CC
5th Set Aside:
(Rural – 20%)		CCCCC
5th Set Aside:
(High Unemployment – 10%)		CCCCC
5th Set Aside:
(Infrastructure – 2%)		CCCCC

Please see below for a summary of movement in key employment-based categories that accounts for advancements in the visa bulletin and USCIS’ shift from honoring the Final Action Dates to Dates for Filing chart:

  • EB-1
    • EB-1 China: advances six months to Aug. 1, 2022;
    • EB-1 India: advances seven and a half years to July 1, 2019; and
    • EB-1 All Other Countries: advances two months and will be current.
  • EB-2
    • EB-2 China: advances roughly six months to Jan. 1, 2020;
    • EB-2 India: advances nearly one and a half years to May 15, 2012; and
    • EB-2 All Other Countries: advances six months to Jan. 1, 2023.
  • EB-3
    • EB-3 China: advances one year to Sept. 1, 2020.
    • EB-3 India: advances more than three and a half years to Aug. 1, 2012; and
    • EB-3 All Other Countries: advances roughly three years to Feb. 1, 2023.

Though the October 2023 visa bulletin brings advancements in the short-term, USCIS’ subsequent update tempers expectations for significant advancement in the upcoming fiscal year. According to USCIS, the agency “issued an unprecedented number of employment based green cards in fiscal years 2022 and 2023.” USCIS explained that “employment-based numerical limits for FY 2024 and beyond are not expected to be as high as in previous years because fewer family-based immigrant visas will go unused, resulting in less carryover to the employment-based allocations.” USCIS expects an uptick in family-based green card applications relative to the number of family-based applications during the pandemic. Consequently, there will be less unused family-based green card allocations that pool into the employment-based categories, thereby reducing the total number of expected employment-based green cards available. As a result, there may be less advancement in the visa bulletin during the upcoming fiscal year and a greater chance for noticeable retrogression towards the end of the upcoming FY 2024.

This is a disappointing result for many, including the advocacy organizations and stakeholders who have recently been vocal in arguing for further advancement of the visa bulletin, including a bipartisan group of more than 50 Congresspersons who had advocated for such. While USCIS’ subsequent announcement highlighted various other actions that the agency has taken to support employment-based immigration, the government’s actions fell short of these stakeholders’ expectations.

The U.S. Department of State (DOS)’s September Visa Bulletin, the last visa bulletin of fiscal year 2023, saw small movement for the EB-2 Final Action Date, except India and China, while all other employment-based Final Action Dates remain unchanged from last month. All dates listed below are based on the Final Action Dates for Employment-Based Preference cases. Applicants must have a priority date that is earlier than the final action date listed for their preference category and country to be eligible to file an employment-based adjustment of status application.

EB-1: Employment-Based, First Preference Category

Despite significant changes in the August 2023 Visa Bulletin for the EB-1 category, all EB-1 categories and dates remain unchanged in the September bulletin. Mexico, Philippines, and all chargeability categories remain at Aug. 1, 2023; EB-1 India remains at Jan. 1, 2012; and EB-1 China remains at Feb. 1, 2022.

EB-2: Employment-Based, Second Preference Category

In the EB-2 Category, Mexico, Philippines, and all chargeability categories advance three months to July 1, 2022. There is no change in the dates for EB-2 India and China, which remain set for Jan. 1, 2011, and July 8, 2019, respectively.

EB-3: Employment-Based, Third Preference Category

The only movement in the EB-3 category in this bulletin is China’s cutoff which advances slightly by three months to Sept. 1, 2019. All other EB-3 cutoffs remain the same. EB-3 India remains set for Jan. 1, 2009, and the cutoff date of May 1, 2020, is retained by Mexico, Philippines, and all chargeability categories.

EB-5: Employment-Based, Fifth Preference Category

There is no change to the Final Action Dates for all nationalities in the EB-5 category for September.

The Dates of Filing of Employment-Based Visa Applications are:

The DOS Visa Bulletin summarizes the availability of immigrant numbers and releases Dates of Filing Applications and Final Action Dates charts monthly for both employment-based and family-based immigrant visas. USCIS confirms which chart applicants must use to file their Adjustment of Status Application. For September 2023, USCIS announced it will only accept adjustment of status applications based on the Final Action Dates chart for all employment-based preference categories, while all family-sponsored preference categories may use the Dates for Filing chart.

Changes are anticipated in the October 2023 Visa Bulletin, which will be the first visa bulletin for fiscal year 2024.

The U.S. Department of State’s (DOS) August 2023 Visa Bulletin will retrogress 10 years for EB-1 India. EB-1 all chargeability, Mexico, and Philippines will also retrogress from current to Aug. 1, 2023. There is no change in EB-1 China.

Retrogression occurs when a country has exceeded their 7% annual limit on immigrant visas in a given employment-based category and a wait line develops for nationals from that country in that respective category to process for a green card.

Despite the upcoming fiscal year starting on Oct. 1, 2023, and the expected advancement in the visa bulletin, there will likely still be significant retrogression for EB-1 India due to the drastic changes in the August 2023 Visa Bulletin.

In the EB-2 category, however, Mexico, Philippines, and all chargeability will progress by two months to April 1, 2022. There is no change in EB-2 India and China. And in the EB-3 category, Mexico, Philippines, and all chargeability will retrogress to May 1, 2020. There is no change in EB-3 India. EB-3 China will advance two months to June 1, 2019.  

Meanwhile, the U.S. Citizenship and Immigration Services has announced it will accept adjustment-of-status applications based on the Final Action Dates chart published by DOS.

Dates for Filing of Employment-Based Visa Applications:

See past visa bulletins.

The U.S. Department of State (DOS) released the updated Visa Bulletin for June 2023, resulting in retrogression for some and advancement for others. The EB-1 category remains current for all countries expect China and India. China and India retrogressed 4 months in this category, moving backward to Feb. 1, 2022. The EB-2, EB-3, and EB-4 categories had no movement with the exception of the EB-3 Other Worker category which showed minor improvement for China to Sept. 1, 2015.

The priority dates listed in the Final Action Dates (Chart A) remain current for EB-5 investors born in all countries except the following:

Mainland-China-Born Investors

The cutoff date for Mainland-China-born EB-5 investors remains Sept. 8, 2015. This means Mainland-China-born investors with priority dates of Sept. 8, 2015, or earlier are eligible to be scheduled for immigrant visa interviews at consular posts or file for adjustment of status if they are in valid status in the United States, or they may wait for the adjudication of their AOS applications if previously submitted.

India-Born Investors

India-born investors are subject to further visa backlogs. The cutoff date retrogressed from June 1, 2018, to April 1, 2017. This increase in the backlog of pending I-526 petitions for India-born investors will prolong their immigration process.

Dates for Filing chart

The current priority date cutoffs listed in the Dates for Filing chart (Chart B) remain unchanged. For Mainland-China-born investors, the priority date is Jan. 1, 2016. For India-born investors, the priority date is Dec. 8, 2019. Chart B enables EB-5 investors who are in valid nonimmigrant status in the United States and wish to process the green card application without leaving the United States to file Adjustment of Status applications. However, the United States Citizenship and Immigration Services (USCIS) website indicates that Chart B must be used for filing Form I-485. For the month of June, USCIS does not permit the use of Chart B for Adjustment of Status applications. Typically, USCIS designates one of the two charts each month within one week of the publication of the Visa Bulletin.

Set-Asides

Under the Reform and Integrity Act of 2022, new EB-5 investors who invest in rural areas, areas with high unemployment, or infrastructure projects qualify for a set-aside EB-5 visa. There is no visa backlog for set-aside categories.

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES (Chart A)

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS (Chart B)