On April 15, 2026, the U.S. Department of State released the May 2026 Visa Bulletin, determining who will be eligible to file for Adjustment of Status in the month of May.
- Significantly, USCIS has advised it will accept Employment-Based (“EB”) Petitions based on the “Final Action Dates” chart for the month of May, as provided in the Bulletin.
- This is a change from the last several months, as USCIS has been allowing filing for EB Petitions based on the “Dates for Filing Applications” chart.
- Family-Based (“FB”) Petitions can still be filed based on the FB “Dates for Filing Applications” chart.
While the “Dates for Filing Applications” Priority Dates have not retrogressed, it may feel that way to applicants, as the Priority Dates in the “Final Action Dates” chart are generally several months behind those listed in the “Dates for Filing” chart.
When determining whether someone is eligible to file their employment-based Adjustment of Status, it is important that their Priority Date is measured against the appropriate Visa Bulletin chart. Given that USCIS has been using the “Dates for Filing Applications” chart for several months in a row, the use of May’s “Final Action Dates” chart may affect whether the person remains current to file in May, under the new dates.
Resources:
This update is provided for general informational purposes only and does not constitute legal advice.
If you require specific advice and consultation, please call us at 508-790-1181.