The Visa Bulletin and Priority Dates, Explained

Why There Is a Line

Employment-based green cards are capped by law. Each of the first three preference categories (EB-1, EB-2, and EB-3) receives up to 28.6 percent of the annual employment-based limit, plus any numbers that flow down from other categories (INA 203(b)). On top of that, natives of any single country may receive no more than 7 percent of the family-sponsored and employment-based preference visas available in a year (INA 202(a)(2)).

When demand in a category or country exceeds the supply, applicants wait in line. The U.S. Department of State publishes the line's progress each month in the Visa Bulletin.

Your Place in Line: The Priority Date

Your priority date marks your place in line. Under 8 CFR 204.5(d):

If your case requires a labor certification (PERM), the priority date is the date the Department of Labor accepted the labor certification application for processing.
If it does not (for example, EB-1A, EB-1B, EB-1C, or a National Interest Waiver), the priority date is the date the completed, signed I-140 petition, with all initial evidence and the correct fee, is properly filed with USCIS.

An approved EB-1, EB-2, or EB-3 petition generally lets you keep its priority date for a later petition in any of those categories (8 CFR 204.5(e)). That is what makes it possible to change jobs, or move from EB-3 to EB-2 or EB-1, without losing your place. See our guide to changing jobs during the green card process.

Your Line: Country of Chargeability

The per-country limit applies by country of birth, not citizenship (INA 202(b)). There are limited exceptions. The most important for many families: if you were born in a different country than your spouse, you may be charged to your spouse's country of birth when you are accompanying or following to join them, if that is necessary to prevent your separation and that country's limit has not been reached.

That is why two people with the same job, the same category, and the same priority date can wait very different lengths of time.

The Two Charts

Each Visa Bulletin contains two charts for each category and country:

Final Action Dates: the date a priority date must be earlier than for a green card to actually be approved or an immigrant visa issued.
Dates for Filing: an earlier stage, showing when applicants may submit their paperwork.

"Current" means there is no backlog for that category and country, so any priority date qualifies.

Which chart USCIS uses

For people applying for adjustment of status inside the United States, USCIS decides each month which chart applies. Its guidance explains that the Dates for Filing chart may be used when USCIS determines there are more immigrant visas available than known applicants; otherwise, the Final Action Dates chart must be used. For October 2026, USCIS designated the Dates for Filing chart for all employment-based categories. Check USCIS's "When to File" page every month, because the designation can change.

Filing for adjustment of status

An immigrant visa must be "immediately available" when you file Form I-485 (8 CFR 245.1(g)(1)). For EB-1, EB-2, and EB-3 cases, if approval of the I-140 would make a visa immediately available, the I-485 can be filed together with the I-140 or after it (8 CFR 245.2(a)(2)(i)(B)).

The October 2026 Visa Bulletin: Employment-Based Snapshot

The October 2026 bulletin, the first of fiscal year 2027, shows the following for the most common employment categories (Final Action Date / Date for Filing):

EB-1

All chargeability areas: Current / Current
China: July 1, 2023 / July 1, 2024
India: February 1, 2023 / July 1, 2024

EB-2 (including National Interest Waiver cases)

All chargeability areas: January 1, 2025 / March 15, 2026
China: October 1, 2021 / January 1, 2023
India: November 1, 2013 / January 15, 2015

EB-3 (professionals and skilled workers)

All chargeability areas: May 15, 2024 / August 1, 2024
China: January 8, 2022 / April 1, 2024
India: January 1, 2014 / January 15, 2015

Mexico and the Philippines share the all-chargeability dates in these categories, except EB-3 Philippines (August 15, 2023 / January 1, 2024).

These dates change monthly. Always confirm the current bulletin on the State Department's Visa Bulletin page before relying on them.

When Dates Move Backward: Retrogression

Cutoff dates usually move forward, but they can also move backward ("retrogress") when demand outpaces supply, sometimes at the start of a new fiscal year in October. If your priority date was current when you filed but the final action date later retrogresses, USCIS cannot approve your green card until your date is current again. Your application generally remains pending in the meantime.

How the Bulletin Connects to Other Decisions

Choosing a category. For applicants born in India or China, the EB-1 line is much shorter than EB-2 or EB-3 in the October 2026 bulletin. Someone with an approved EB-2 or EB-3 petition who later qualifies for EB-1 may file a new petition and generally keep the earlier priority date. See our guides to the 10 EB-1A criteria and the NIW Dhanasar test.
H-1B time beyond six years. An approved I-140 can support H-1B extensions in increments of up to three years when a visa is unavailable because of per-country limits. See our guide to the H-1B six-year limit.
Job changes. The 180 days needed for AC21 portability keep accruing after the I-485 is filed even if the visa later becomes unavailable, according to the USCIS Policy Manual.

A Note on Discretion

Meeting the Visa Bulletin cutoff makes you eligible to file or be approved, but it does not guarantee approval. In May 2026, USCIS issued a policy memorandum (PM-602-0199) reminding officers and the public that adjustment of status is "a matter of discretion and administrative grace."

Key Takeaways

The priority date is your place in line: the PERM filing date for labor-certification cases, or the I-140 filing date for EB-1 and NIW cases.
Your line is set by your country of birth, with limited exceptions such as a spouse's country of birth.
The Final Action Dates chart controls approval; USCIS decides each month whether adjustment applicants may file using the Dates for Filing chart instead. For October 2026, it chose Dates for Filing for employment-based cases.
An approved petition's priority date can generally be carried to a later EB-1, EB-2, or EB-3 petition.
Dates can retrogress, so check the bulletin and USCIS's chart designation every month.

Wondering how the Visa Bulletin affects your green card plan? Schedule a consultation to review your category, priority date, and options.

Sources and References

INA § 202 (8 U.S.C. § 1152): Per-country limits and chargeability
INA § 203(b) (8 U.S.C. § 1153(b)): Employment-based preference allocations
8 CFR 204.5(d)-(e): Priority dates and priority date retention
8 CFR 245.1(g)(1) and 8 CFR 245.2(a)(2): Visa availability and concurrent filing
U.S. Department of State, Visa Bulletin
USCIS, When to File Your Adjustment of Status Application
USCIS Policy Memorandum PM-602-0199 (May 21, 2026)

This document provides general information only and does not constitute legal advice. Immigration law is complex and individualized. Outcomes depend on specific facts and circumstances. No results are guaranteed. Always consult with a qualified immigration attorney before making decisions about your immigration case.