USCIS announced for May 2026 that employment-based applicants must use the Final Action Dates chart for I-485 filings, reverting from the more generous Dates for Filing chart used in March and April. Family-sponsored applicants continue using Dates for Filing.
What this means in practice
For EB-2 India applicants, this means the May 2026 I-485 filing window closes for many who were eligible to file in April. The Final Action Date for EB-2 India sits at July 15, 2014. Anyone with priority date after that cannot file I-485 this month.
EB-3 India saw similar tightening. Most countries' EB-2 and EB-3 categories remain "Current" — meaning anyone in those categories from non-backlogged countries can still file freely.
The forward movements
- EB-2 China: Final Action moved from 22JUL21 to 01SEP21 — six weeks of forward movement
- EB-3 China (skilled workers): Held at 01NOV21
- EB-1 India/China: Held at 01APR23 — no movement, but still better than EB-2
- F2A all countries: Forward movement to 01AUG24
EB-5 set-asides
All three EB-5 set-asides (Rural, High Unemployment, Infrastructure) remain Current for every country. This is the only category with no backlog anywhere — driving the continued migration of high-net-worth applicants from India and China toward rural EB-5 projects rather than EB-2 NIW or EB-1.
What to do this month
- If you're EB-2 India and your priority date is after July 15, 2014: hold tight, monitor June bulletin
- If you're EB-2 China and priority date before September 1, 2021: file I-485 now if not already done
- If you're EB-1 India/China with PD before April 1, 2023: same — file
- If you're considering EB-5: rural projects remain the fastest path for any country of birth
Looking ahead — June 2026
Charles Oppenheim's Q3 forecast suggests modest forward movement in EB-2 China and EB-3 worldwide. EB-2 India is expected to remain stuck near current dates through the rest of fiscal year 2026 (ending September 30). The October bulletin will reset annual quotas and likely show meaningful movement.