June 2026 Immigration Visa Bulletin Released

The June 2026 Visa Bulletin issued by the Department of State (DOS) on May 4, 2026 and the USCIS Adjustment of Status Filing Chart, updated on May 14, 2026 confirmed that employment-based Adjustment of Status (AOS) applications will be accepted for processing pursuant to the Final Action Dates chart for June. The initial announcements indicated retrogression for both EB-1 India and EB-2 India, while EB-3 Professionals and Skilled Workers will advance for both China and India, as further detailed below.

Subsequently, on May 22, 2026, DOS announced that all of the available immigrant visas in the EB-2 India for fiscal year (FY) 2026 have been issued. As a result, the category was made unavailable through the end of the fiscal year. Accordingly, U.S. Embassies and Consulates cannot issue immigrant visas and USCIS cannot approve AOS applications for EB-2 India applicants through September 30, 2026. Annual limits will reset at the start of the fiscal year which commences on October 1, 2026.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates 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 will hold steady at April 1, 2023.
• EB-1 India will retrogress by three and half months to December 15, 2022.

EB-2, Second Preference Category

• EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
• EB-2 China will maintain a filing cutoff of September 1, 2021.
• EB-2 India, initially retrogressed to September 1, 2013 and subsequently made unavailable.

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

• EB-3 Worldwide (including El Salvador, Guatemala and Honduras, and Mexico) will maintain a filing cutoff date of June 1, 2024.
• EB-3 China will advance by six weeks to August 1, 2021.
• EB-3 India will advance by one month to December 15, 2013.
• EB-3 Philippines will remain at August 1, 2023.

Other Workers

• Other Workers (including El Salvador, Guatemala and Honduras, and Mexico) will maintain a filing cutoff date of February 1, 2022.
• Philippines will retrogress by three months to November 1, 2021.
• China will advance by two months to April 1, 2019 and India will advance by one month to December 15, 2013.

EB-5: Fifth Preference Category (Immigrant Investors)

• For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will maintain a filing cutoff date of September 22, 2016 and India will hold steady at May 1, 2022. 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 AOS application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

DOS has reiterated in the June 2026 Visa Bulletin, that reduced immigrant visa issuance for certain countries due to administration actions such as Presidential Proclamation 10949 and Presidential Proclamation 10998 has allowed for advancement of priority dates in some categories to allocate FY-2026 visa numbers. However, the DOS continues to caution that as demand increases or policies change, retrogression may occur later in the fiscal year to remain within annual limits.

DOS has indicated that high demand and number use for EB-1 and EB-2 India have made it necessary to retrogress the Final Action Dates for these categories to maintain immigrant visa usage within FY 2026 annual limit. DOS also noted that further retrogression or reflecting categories “unavailable”, may be necessary in the coming months if EB-1 India or EB-2 India numerical limits are reached before the fiscal year ends. Sufficient demand and increased number use by applicants chargeable to EB-2 China, EB-3 Philippines, and EB-5 India (unreserved) categories may make it necessary to retrogress the Final Action Dates or make these categories unavailable in the coming months to hold number use within the FY 2026 annual limit. The situation will be continually monitored and any necessary adjustments will be made accordingly.

In addition to ongoing visa number constraints, employers should be aware of significant policy developments affecting the AOS process. On May 22, 2026, USCIS issued Policy Memorandum PM-602-0199, emphasizing that AOS is a discretionary benefit and characterizing it as an “extraordinary” form of relief rather than a routine alternative to immigration visa processing through a U.S. Consulate abroad. USCIS indicated that officers should exercise greater discretion when adjudicating AOS applications and consider whether consular processing may be the more appropriate avenue in individual cases.

Following substantial concerns within the immigration community, USCIS and administration officials provided additional clarification on May 29, 2026, confirming that there was no major change in policy and that only some applicants would be required to return to their home countries to apply for a green card. A Department of Homeland Security spokesperson indicated that the policy memo was merely a reminder to officers of their discretionary authority which always existed on a case-by-case basis. Nevertheless, significant uncertainty remains regarding how the policy will be implemented in practice and whether adjudication standards will vary amount officers and field offices.

Given the combined impact of visa retrogression, visa number uncertainty, and evolving USCIS adjudication policies, employers should continue to proactively assess workforce immigration strategies. This includes maintaining underling nonimmigrant status where possible, timely filing extensions and amendment, evaluating travel and consular processing risks, and preparing potentially heightened Requests for Evidence or discretionary review during the AOS process. Early planning remains critical to minimizing disruptions to employee work authorization and long-term immigration sponsorship strategies.

Inez Macedonio

For additional information please contact your designated Gibney representative or email info@gibney.com. This alert contains general information only, and is not intended to provide legal advice.  Please contact immigration counsel for specific legal advice regarding your case.