The U.S. Department of State has released its May 2026 Visa Bulletin imposing per-country cut-off dates that regulate immigrant visa availability and the flow of Adjustment of Status (AOS) applications and consular immigrant visa application interviews and approvals. In order to be “Current,” the priority date held by a person applying for permanent residence must be before the cut-off date specified in the monthly Visa Bulletin.

The Visa Bulletin includes both a Dates for Filing chart and a Final Action Dates chart. The Final Action Dates chart indicates when a priority date is current and I-485 AOS applications or Immigrant Visa applications may be approved and permanent residence granted. The Dates for Filing chart, when followed by USCIS, indicates when intending immigrants may file their AOS applications with U.S. Citizenship and Immigration Services (USCIS).

USCIS will follow the Final Action Dates chart in May 2026.  This means that some individuals who are currently eligible to file AOS applications under the Dates for Filing chart applicable in April 2026 may no longer continue to be eligible to file their applications after the end of this month.  Such persons are encouraged to file their applications while the April filing window remains open.

 

Final Action Dates 

The May 2026 Visa Bulletin’s Final Action Dates chart for EB categories shows no advancement from the April 2026 Visa Bulletin, with the EB-1 and EB-2 categories for the Rest of the World, Mexico, and the Philippines remaining Current.

• The EB-1 Rest of the World, Mexico, and Philippines categories remain Current. EB-1 China and India stay at 04/01/2023.

• The EB-2 India category is unchanged at 07/15/2014. EB-2 China remains unchanged at 09/01/2021. The EB-2 categories for the Rest of World, Mexico, and Philippines remain Current.

• The EB-3 category for the Rest of World and Mexico also stays at 06/01/2024. The EB-3 category for the Philippines remains at 08/01/2023. The EB-3 India category stays at 11/15/2013. The EB-3 China category stays at 06/15/2021.

 

Final Action Dates Chart

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01APR23	01APR23	C	C
2nd	C	01SEP21	15JUL14	C	C
3rd	01JUN24	15JUN21	15NOV13	01JUN24	01AUG23

 

Dates for Filing

The May 2026 Visa Bulletin’s Dates for Filing chart includes no movement from the April 2026 Visa Bulletin for thee Employment-Based (EB) categories and countries of chargeability in the EB-1, EB-2, and EB-3 categories.

• EB-1 cut-off dates remain Current for the Rest of the World, Mexico and the Philippines. EB-1  China and India remains at 12/01/2023.

• India EB-2 and EB-3 categories remain unchanged at 01/15/2015.

• China EB-2 and EB-3 categories remain unchanged at 01/01/2022.
• The Rest of the World, Mexico and the Philippines EB-2 category remains Current.
• The Rest of the World and Mexico EB-3 category remains Current. The Philippines EB-3 category stays at 01/01/2024.

 

Dates for Filing Chart

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01DEC23	01DEC23	C	C
2nd	C	01JAN22	15JAN15	C	C
3rd	C	01JAN22	15JAN15	C	01JAN24

 

Final Action Dates Chart Will Control in May 2026 

Each month, USCIS chooses either to follow the Final Action or the Dates for Filing chart. As noted above, for May 2026 USCIS will follow the Final Action Dates chart for Employment-Based AOS application filings. To be eligible to file an Employment-Based (EB) AOS application, a foreign national must have a priority date that is earlier than the date listed in the Final Action chart  for his or her preference category and country of chargeability. The “C” listing indicates that the category is “Current” and that applications may be approved with any priority date, however recent.

 

T&S Takeaway 

The May 2026 Visa Bulletin makes no comment in this regard, but this is the first month in more than six months that USCIS has chosen to impose the Final Action chart for EB dates. This may reflect the fact that USCIS is now receiving a satisfactory volume of AOS filings, and no longer needs to stimulate such filings.  All eligible persons are encouraged to file their AOS applications as soon as possible, since it is possible that cut-off date retrogression may occur later in the year, especially as immigrant visa numbers will be used in significant numbers as the year progresses.

The attorneys of Tafapolsky & Smith LLP will monitor and analyze all developments affecting immigrant visa availability, including all statements made by the Department of State officers in the relevant Visa Bulletin and will provide immediate updates on any significant developments.