February 2026 Visa Bulletin Released: What Employers Need to Know

The Department of State released the February 2026 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more favorable Dates for Filing chart. For February 2026, all categories will remain unchanged under the Dates for Filing and Final Action Dates charts with a notable exception. The Visa Bulletin indicates modest advancement in the EB-3 Professionals and Skilled Workers category for all countries except India and China, with forward movement by approximately three months under the Dates for Filing chart and five weeks under the Final Action Dates chart.

Employment-Based (EB) Priority Date Summary for Dates for Filing

USCIS confirmed that it will honor the Dates for Filing chart for purposes of eligibility to file an Adjustment of Status application. The Dates for Filing are as follows:

EB-1, First Preference Category

• EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-1 China and India will maintain a filing cutoff date of August 1, 2023.

EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will hold steady at October 15, 2024.
• EB-2 China will maintain a filing cutoff of January 1, 2022.
• EB-2 India will remain at December 1, 2013.

EB-3, Third Preference Category (Professional and Skilled Workers)

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will advance by approximately three months to October 1, 2023.
• EB-3 China will maintain a filing cutoff of January 1, 2022.
• EB-3 India will hold steady at August 15, 2014.

Other Workers

• Other Workers (including El Salvador, Guatemala and Honduras, Mexico and Philippines) will maintain a filing cutoff date of December 1, 2021.
• China and India will continue to remain at October 1, 2019 and August 15, 2014, respectively.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), India and China will maintain a filing cutoff date of May 1, 2024 and August 22, 2016, respectively. All other countries will remain current.
• The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

What Should Employers Expect?

As noted in the February Visa Bulletin, the Dates for Filing chart will continue to remain the same from last month aside from the EB-3 Professionals and Skilled Workers category for all countries except India and China, which will advance by three months. Advancement is also observed for the same category under the Final Action Dates chart which noted forward movement by five weeks.

Employers should be aware that as early as next month, USCIS may implement the more restrictive Final Action Dates chart, which could limit employee eligibility to file Adjustment of Status applications. Employers should review workforce immigration timelines and visa strategies with a view to proactively preserving work authorization, including evaluating eligible employees for H-1B cap registration, which commences in March. Early coordination is critical to avoid gaps in employment authorization for key employees.

Due to continued high demand for green cards across all employment-based categories, stagnation or only moderate advancement in the visa bulletin may occur in the coming months to ensure efficient visa allocation. As a result, Employers should work closely with immigration counsel to promptly file eligible Adjustment of Status applications, as ongoing backlogs and strong demand are expected to further extend the green card process for many foreign nationals.

For additional information, please contact your designated Gibney representative or email info@gibney.com.

Inez Macedonio