The release of the May 2026 Visa Bulletin brings a significant shift in immigrant visa availability for employment-based applicants. While previous months allowed many to file based on the more generous “Dates for Filing” chart, USCIS announced that in May 2026, all employment-based categories must use the stricter Final Action Dates chart.
The Move to Final Action Dates
This procedural shift creates an immediate “squeeze” for those planning to file based on April’s criteria. By requiring the Final Action Date chart, the government is precluding filing for many who are currently eligible to submit their immigrant visa or adjustment of status applications in April.
The Retrogression Reality: May FAD vs. April DFF
The table below provides a comprehensive comparison between the May 2026 Final Action Dates and the April 2026 Dates for Filing. Applicants whose priority dates fall between these two dates will lose their filing eligibility starting May 1.
| Category / Region | April 2026 (Dates for Filing) | May 2026 (Final Action Dates) | Status / Difference |
| EB-1: All Chargeability (ROW) | Current | Current | No change |
| EB-1: China | 01DEC23 | 01APR23 | 8-Month Retrogression |
| EB-1: India | 01DEC23 | 01APR23 | 8-Month Retrogression |
| EB-1: Mexico | Current | Current | No change |
| EB-1: Philippines | Current | Current | No change |
| EB-2: All Chargeability (ROW) | Current | Current | No change |
| EB-2: China | 01JAN22 | 01SEP21 | 4-Month Retrogression |
| EB-2: India | 15JAN15 | 15JUL14 | 6-Month Retrogression |
| EB-2: Mexico | Current | Current | No change |
| EB-2: Philippines | Current | Current | No change |
| EB-3: All Chargeability (ROW) | Current | 01JUN24 | Cutoff Date Established |
| EB-3: China | 01JAN22 | 15JUN21 | 6.5-Month Retrogression |
| EB-3: India | 15JAN15 | 15NOV13 | 14-Month Retrogression |
| EB-3: Mexico | Current | 01JUN24 | Cutoff Date Established |
| EB-3: Philippines | 01JAN24 | 01AUG23 | 5-Month Retrogression |
Employer Impact and Deadlines
For HR teams and foreign nationals, this “regulatory retrogression” means that any applicant currently eligible to file under the April 2026 Dates for Filing must ensure their application is physically received by USCIS no later than Thursday, April 30, 2026.
Once the calendar turns to May 1, the narrower Final Action Dates take effect. Many applicants currently eligible will lose their opportunity to file for immigrant visas or adjustment of status, as well as the ability to apply for associated benefits like Employment Authorization Documents (EAD) and Advance Parole travel authorization.
The Meltzer Hellrung Perspective
This shift to Final Action Dates for May is a stark reminder of how dramatically filing eligibility can change. At Meltzer Hellrung, we are committed to ensuring our clients are fully prepared for significant procedural changes such as this. Our team is currently identifying all clients who are impacted by this shift to ensure every possible adjustment application is finalized and filed before April 30th. Should you have any questions about how this change will affect your employees, please contact your Meltzer Hellrung professional.
