On May 2, U.S. Citizenship and Immigration Services confirmed that for the entire month of May it will accept employment-based adjustment-of-status applications only under the State Department’s Final Action Dates chart. The announcement ends a seven-month stretch in which the more generous Dates for Filing chart governed eligibility. For many Indian professionals, the difference is dramatic. In the May 2026 Visa Bulletin, the EB-2 Final Action Date for India is July 15 2014, while the Dates for Filing had advanced to January 15 2015. Applicants whose priority dates fall in the seven-month gap now find themselves unable to file Form I-485 until the window reopens—potentially costing them work-authorization extensions and advance-parole travel documents. Employers with large H-1B and L-1 populations must revisit green-card timelines and, where possible, accelerate PERM labor-certification efforts so that priority dates fall squarely within expected cut-offs. Immigration counsel also recommend maintaining valid non-immigrant status for employees who anticipated filing but are now shut out, as remaining in the U.S. on a pending I-485 is no longer an option. USCIS gave no rationale for the chart selection change, but analysts point to rising demand in the EB-5 unreserved category and warnings from the State Department that overall number use is approaching the fiscal-year limit. Employers should watch for the June bulletin—due mid-May—for any signs of additional retrogression.
Source: The Visa Wire
