For employment-based green card applicants, the monthly release of the Department of State’s Visa Bulletin is always a high-stakes moment. However, the true impact of the bulletin depends heavily on a secondary, crucial decision made by U.S. Citizenship and Immigration Services (USCIS): which chart will they accept for Adjustment of Status (Form I-485) filings?

For the month of May 2026, USCIS has introduced a major procedural hurdle. In its official monthly announcement, the agency confirmed that it has completely shut down the use of the more lenient Chart B (Dates for Filing) for all employment-based categories, mandating that applicants instead use Chart A (Application Final Action Dates).

At Lforlaw, we know this subtle administrative change has massive real-world consequences. Thousands of foreign professionals who were preparing their adjustment applications are suddenly locked out of the filing window. Here is our analysis of the shift and its impact on your timeline.

Understanding the Charts: Chart A vs. Chart B

To grasp why this shift matters, you must understand the dual-chart system established to manage green card backlogs:

  • Chart B (Dates for Filing): This chart reflects the earliest date an applicant can submit their I-485 paperwork. It is an intentional buffer zone, designed to let applicants get their foot in the door, secure employment authorization documents (EADs), and obtain advance parole travel benefits while they wait for a green card to actually become available.

  • Chart A (Final Action Dates): This chart represents the strict cutoff dates for when a green card can actually be issued or approved. It is almost always further back in time than Chart B.

The May 2026 Shift: By forcing employment-based applicants to use Chart A, USCIS has essentially declared that if a green card cannot be permanently issued to you right now, you are not even allowed to apply for your interim work and travel benefits.

The Ones Losing Out – The “Filing Window” Impact

The primary victims of this procedural shift are applicants who fall squarely in the gap between the two charts. If your priority date is earlier than the date on Chart B, but later than the date on Chart A, you have officially lost your eligibility to file for Adjustment of Status as of May 1, 2026.

This is a particularly heavy blow for high-skilled workers facing severe country-specific backlogs:

  • EB-2 and EB-3 India/China: These categories are heavily impacted. Applicants who spent weeks compiling medical examinations, birth certificates, and financial documentation expecting a Chart B window have had their plans put on indefinite hold.

  • Lost Interim Benefits: The inability to file Form I-485 means applicants cannot access the I-765 (EAD) and I-131 (Advance Parole). They must continue to rely strictly on their nonimmigrant visas (like the H-1B or L-1) and remain tied to their specific sponsoring employers.

Why Did USCIS Make This Shift?

The decision to pivot back to Final Action Dates is driven entirely by numerical caps and existing backlogs.

USCIS compares the volume of pending adjustment applications already in its inventory against the number of immigrant visas remaining for the fiscal year (which runs through September 30). Because of high filing volumes in the preceding months of 2026, the agency has accumulated a sufficient pipeline of applications to exhaust the available visa numbers. Closing the Chart B window prevents the agency’s backlog from swelling further with unadjudicatable cases.

Silver Linings: Family-Based Applications Left Untouched

Crucially, this procedural tightening does not apply universally. In a rare divergence, USCIS announced that for Family-Sponsored preference categories, applicants may continue to use the Dates for Filing (Chart B) chart throughout May 2026. Family-based applicants can still take advantage of strong forward movements—such as the recent gains in the F-1 and F-2A categories—to lock in their filings early.

The May 2026 Visa Bulletin serves as a stark reminder of how quickly the U.S. immigration landscape can shift. A window of opportunity that is open in April can slam shut by May with a single administrative directive. For employment-based applicants, the focus must now pivot toward rigorous monitoring of priority dates and maintaining valid nonimmigrant status so that you are perfectly positioned the moment USCIS reopens the Dates for Filing window later this year.

Were you caught in the middle of preparing your employment-based I-485 application when USCIS made the May 2026 shift? Don’t let administrative changes disrupt your career and family security. Contact Lforlaw today to connect with an experienced business immigration attorney who can review your priority date, audit your current nonimmigrant status, and design a backup strategy to keep you legally protected.

Source

  • U.S. Citizenship and Immigration Services (USCIS): Adjustment of Status Filing Dates for May 2026 Announcement.

  • U.S. Department of State: Bureau of Consular Affairs Visa Bulletin for May 2026.

  • American Immigration Lawyers Association (AILA): Doc. No. 26041432 – USCIS May 2026 Adjustment of Status Filing Charts

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