Department of Status May 2026 Visa Bulletin Summary

The Department of State has released the May 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates.

Employment-Based – Final Action Dates
Category All China India Mexico Philippines
EB-1C01APR2301APR23CC
EB-2C01SEP2115JUL14CC
EB-301JUN2415JUN2115NOV1301JUN2401AUG23
Other Workers01FEB2201FEB1915NOV1301FEB2201NOV21
EB-415JUL2215JUL2215JUL2215JUL2215JUL22
EB-5 UnreservedC01SEP1601MAY22CC
Employment-Based – Filing Dates
Category All China India Mexico Philippines
EB-1C01DEC2301DEC23CC
EB-2C01JAN2215JAN15CC
EB-3C01JAN2215JAN15C01JAN24
Other Workers01AUG2201OCT1915JAN1501AUG2201AUG22
EB-401JAN2301JAN2301JAN2301JAN2301JAN23
EB-5 UnreservedC01MAR1701MAY24CC
Family-Based – Final Action Dates
Category All China India Mexico Philippines
F101SEP1701SEP1701SEP1715AUG0701MAY13
F2A01AUG2401AUG2401AUG2401AUG2401AUG24
F2B22MAY1722MAY1722MAY1715FEB0908APR13
F315FEB1215FEB1215FEB1201MAY0122NOV05
F415SEP0815SEP0801NOV0608APR0115JUL07
Family-Based – Filing Dates
Category All China India Mexico Philippines
F101OCT1801OCT1801OCT1801OCT1822APR15
F2ACCCCC
F2B01JAN1801JAN1801JAN1815MAY1001OCT13
F308DEC1208DEC1208DEC1215JUL0108AUG06
F401SEP0901SEP0915DEC0630APR0122MAR08

Summary

In May 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart.

To be eligible to file an adjustment of status application in May 2026, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India and China remains April 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India remains July 15, 2014. The Final Action Date for China remains September 1, 2021. The Final Action Date for nationals of all other countries will remain current under the May 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Final Action Date for India remains November 15, 2013. The Final Action Date for China remains June 15, 2021. The Final Action Date for the Philippines remains August 1, 2023. The Final Action Date for nationals of all other countries except India, China, and Philippines remains June 1, 2024.

The EB-4 category Final Action Date for nationals of all countries remains July 15, 2022. Additionally, the Certain Religious EB-4 category for nationals of all countries will remain at July 15, 2022.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2022, and China will advance by three weeks to September 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

Recent Trends in Consular Visa Processing: What Employers Need to Know

What’s Happening

Recent updates and reports from the American Immigration Lawyers Association (AILA), the Department of State (DOS), and U.S. Citizenship and Immigration Services (USCIS) indicates that consular visa processing is becoming more complex and less predictable under the Trump Administration.

Key trends include:

  • Uneven appointment availability across posts

  • Increased adjudication scrutiny

  • Expanded online vetting and background reviews for certain visa categories

Notable developments include:

  • Significant delays for employment-based nonimmigrant and immigrant visa interviews and E visa adjudications at certain posts

  • Continued uncertainty around immigrant visa bans and DOS-issued pauses

  • New online processing for certain employment-based immigrant visas at the National Visa Center (NVC)

  • Expanded visa bond requirements for some B-1/B-2 applicants

  • Ongoing travel disruptions affecting consular operations in parts of the Middle East

Key Takeaway:

Employers should expect consular processing to remain highly post-specific, more heavily vetted, and harder to predict than in prior years. However, with early planning, proactive case strategy, and careful coordination around travel and timing, many of these challenges can still be managed successfully.

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D&S Travel Advisory for F-1 Students with H-1B Registration Selections

What's Happening

If you are an F-1 student who has been selected in this year's H-1B lottery, congratulations! However, before you make any summer travel plans, it is important to understand that your H-1B status will not take effect until October 1st, and traveling internationally before that date requires careful planning.

The period between now and October 1st comes with important considerations that can affect your ability to reenter the United States and maintain your work authorization. With recent policy changes, including new social media background checks and increased scrutiny at the border, it is more important than ever to make sure you fully understand the risks before booking any international travel.

This advisory breaks down what you need to know to make informed decisions about traveling abroad this summer.

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DOL Proposes Significant Increase to Prevailing Wage Levels for H-1B, H-1B1, E-3, and PERM Program

What’s Happening

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that would significantly increase prevailing wage requirements across the H-1B, H-1B1, E-3, and PERM programs. This NPRM is expected to be published in the Federal Register on March 27, 2026. The proposed rule, issued under the title “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States,” will be subject to a 60-day public comment period following its publication in the Federal Register.

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Department of State April 2026 Visa Bulletin Summary

The Department of State has released the April 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart.

To be eligible to file an adjustment of status application in April 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India and China remains December 1, 2023. All other countries will remain current.

The EB-2 Date for Filing for India will advance by two and a half months, to January 15, 2015. The Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries will remain current under the April 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Date for Filing for India will advance by five months to January 15, 2015. The Date for Filing for China remains January 1, 2022. The Date for Filing for the Philippines remains January 1, 2024. The Date for Filing for nationals of all other countries except India, China, and Philippines will advance by over fourteen months and become current.

The EB-4 category Date for Filing for nationals of all countries remains January 1, 2023. Additionally, the Certain Religious EB-4 category for nationals of all countries will remain at January 1, 2023.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2022, and China will advance by two weeks to September 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

Department of State March 2026 Visa Bulletin Summary

The Department of State has released the March 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In March 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in March 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India and China will advance to December 1, 2023. All other countries will remain current. 

The EB-2 Date for Filing for India will advance to November 1, 2014 and the Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries is current under the March 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for nationals of  all other countries will advance to January 15, 2024. 

The EB-4 category Date for Filing for nationals of all countries will advance to January 1, 2023.. Additionally, the Certain Religious EB-4 category for nationals of all countries will advance to January 1, 2023.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2024, and China will advance to October 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

10 Best Practices for Avoiding the $100,000 H-1B Fee this Cap Season

The guidance below is intended to help employers and employees navigate the H-1B filing process, avoid potential pitfalls, and provide clarity regarding if and when the $100,000 fee may apply to a particular petition. However, we strongly recommend discussing the specific facts of each individual case with your attorney at D&S. 

Why is The H-1B Filing Process This Year Different?

In addition to the changes in the H-1B lottery discussed here, the introduction of the $100,000 fee for certain H-1B petitions has made the post-selection phase of the H-1B cap process more nuanced than in prior years. The new rules governing the $100,000 H-1B fee mean that routine cap-season decisions, such as filing strategy, employee location and status at the time of filing, and international travel during the filing process, now require even more deliberate planning. 

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H-1B Cap – Weighted Selection FAQ

On January 30, 2026, the United States Citizenship and Immigration Service (USCIS) announced that the FY2027 H-1B registration window will run from 12 noon ET on March 4, 2026 through 12 noon ET on March 19, 2026. Given the changes to how the lottery is run this year, D&S has included some FAQs below to help employers and employees better understand what to expect from this new selection process.

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DOS is Pausing Immigrant Visa Processing for 75 Countries

What’s Happening

On January 14, 2026, The Department of State (DOS) announced on its official X account a suspension of immigrant visa processing for nationals of 75 countries deemed likely to require public assistance while living in the United States. According to DOS’s post, the suspension is indefinite and “will remain active until the U.S. can ensure that new immigrants will not extract wealth from the American people”. Fox News, Forbes, and other new outlets are reporting that an internal DOS cable instructs consular officers to stop processing immigrant visa applications for individuals from the affected countries beginning on January 21, 2026, though this date has not been confirmed and the processing suspension could go into effect at any time absent further information from the State Department.

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Department of State February 2026 Visa Bulletin Summary

The Department of State has released the February 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In February 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in February 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India and China will remain at August 1, 2023. All other countries will remain current. 

The EB-2 Date for Filing for India remains December 1, 2023 and the Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries will advance to October 15, 2024. 

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for nationals of  all other countries will advance to October 1, 2023. 

The EB-4 category Date for Filing for nationals of all countries will remain at March 15, 2021. Additionally, the Certain Religious EB-4 category will become unavailable. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2024, and China will remain at August 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

USCIS Premium Processing Fees To Increase Effective March 1, 2026

What’s Happening

On January 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) has issued a final rule increasing premium processing fees for certain employment-based immigration filings beginning March 1, 2026. The fee increase is authorized under the USCIS Stabilization Act, which permits DHS to adjust premium processing fees every two years to account for inflation. The last time DHS increased the fees was in February 2024.

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USCIS Issues New Policy Expanding Adjudicative Holds and Mandatory Re-Review for Applicants from Travel Ban Countries

What’s Happening

On January 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new Policy Memorandum (PM) expanding its prior adjudication hold and re-review framework for immigration benefit applications for individuals from countries listed in President Trump’s December 2025 expanded travel ban proclamation. The new PM is effective immediately and directs USCIS officers to place holds on final adjudication of all pending benefit requests and to conduct re-reviews of immigration benefits that were approved on or after January 20, 2021, for individuals from the expanded travel ban countries.  

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DHS Finalizes Wage-Level Weighted H-1B Cap Selection Process

What’s Happening

The Department of Homeland Security (DHS) has issued a final rule replacing the random, computerized H-1B visa lottery with a weighted selection process favoring higher wage applicants. This rule is unchanged from the proposed rule published in September this year. The final rule was published in advance in the Federal Register on December 23, 2025, and is scheduled for full publication on December 29, 2025. It is set to become effective 60 days after publication, on February 27, 2026, in time for the Fiscal Year 2027 H-1B cap season set to begin in March 2026, although litigation challenging the rule in federal court is possible. 

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Department of State January 2026 Visa Bulletin Summary

The Department of State has released the January 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In January 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in January 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India advanced to August 1, 2023, and the Date for Filing for China is August 1, 2023. All other countries will remain current.

The EB-2 Date for Filing for India remains December 1, 2013 and the Date for Filing for China is January 1, 2022. The Date for Filing for nationals of all other countries is October 15, 2024.  

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for nationals of  all other countries will remain at July 1, 2023.  

The EB-4 category Date for Filing for nationals of all countries will advance one month to March 15, 2021. Additionally, the Certain Religious EB-4 category has become available with a priority date of March 15, 2021. 

With respect to the Final Action Date for the EB-5 Unreserved categories, India will advance to May 1, 2024, and China will advance to August 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

UPDATE: White House Expands Travel Restrictions to 20 Additional Countries

What’s Happening

On Tuesday, December 16, 2025, President Trump signed a new proclamation further restricting and limiting the entry of foreign nationals of 20 additional countries and the Palestinian Authority, effective January 1, 2026. These measures build on the June 2025 travel ban proclamation, which imposed full entry restrictions on 12 countries and partial restrictions on an additional 7 countries.

Under the new proclamation, the United States continues full restrictions and entry limitations on nationals of the original 12 countries: Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

The proclamation adds full entry restrictions and entry limitations on 5 additional countries: Burkina Faso, Mali, Niger, South Sudan, and Syria. It further applies full restrictions and entry limitations to individuals holding Palestinian-Authority-issued travel documents.

Two countries that were previously subject to partial restrictions, Laos and Sierra Leone, have been elevated to the full restrictions list.

The expansion also imposes partial restrictions and entry limitations on 15 additional countries: Angola, Antigua and Barbuda, Benin, Cote d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe.

The proclamation continues the partial restrictions on 4 countries: Burundi, Cuba, Togo, and Venezuela, while lifting partial entry restrictions on Turkmenistan’s nonimmigrant visas, although immigrant entry remains suspended.

Exceptions are preserved for lawful permanent residents, existing valid visa holders, certain diplomatic and official categories, athletes, and persons whose entry serves U.S. national interests, but family-based carve-outs have been narrowed.   


D&S is continuing to monitor this developing situation and will provide updates as they become available. Individuals impacted by the travel ban or travel restrictions are encouraged to reach out to their D&S attorney.

USCIS Begins Accepting Gold Card Applications

What’s Happening

In a September 19, 2025 Executive Order, the Trump Administration announced the creation of a “Gold Card” which offers permanent residency in the United States to foreign nationals who make qualifying financial contributions. The Gold Card program is being administered through a new government portal, TrumpCard.gov. On Wednesday, December 10, 2025, the portal was updated to indicate that the program is now live and USCIS is accepting and processing Gold Card applications.

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CBP Plans Updates to ESTA Application Process to Include Social Media Vetting

What’s Happening

Customs and Border Protection (CBP) is preparing to expand the information that Visa Waiver Program (VWP) travelers must provide when completing the ESTA application. According to a proposed notice that will appear in the Federal Register tomorrow, December 10, 2025, applicants would need to supply social media identifiers covering the past five years along with additional personal and family history that may extend back five to ten years. CBP also plans to transition ESTA filing to an updated mobile application, and a separate photograph may be required as part of the process.

Once published tomorrow, members of the public will have 60 days to submit comments. No changes take effect until the rule is finalized.

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Reports of Some Consular Posts Rescheduling H-1B & H-4 Visa Interviews

What’s Happening

This week practitioners and news outlets are reporting increased instances of applicants for H-1B and H-4 visa stamps receiving notices that their December 2025 consular interviews are being cancelled and rescheduled to dates as late as March 2026. 

The shift is tied to a new requirement that all H-1B and H-4 visa applicants undergo an online presence review, which takes effect on December 15th and includes examination of social media and other publicly accessible digital information. Because consular staff must now spend additional time on these reviews, several consulates have begun reducing the number of interviews they can accommodate each day.

Although the visa interviews themselves are being pushed into next year, practitioners report that biometric appointments at Visa Application Centers are still being held. Many applicants are completing fingerprinting and photos as scheduled, only to learn afterward that their interview will be postponed.

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USCIS Reducing Maximum Validity of Many EADs from 5 Years to 18 Months

What’s Happening

On December 4, 2025, USCIS announced that the agency was updating its Policy Manual to reduce the maximum validity period for many Employment Authorization Document (EAD) categories from up to five years to just 18 months.

An EAD is a work permit issued by USCIS that allows a noncitizen to legally work in the United States for a specific period of time. It serves as proof to employers that the individual has permission to work pursuant to their current status or while their application for an immigration benefit is pending.

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Department of State Expands Social Media Vetting to H-1B and H-4 Visa Applicants

On December 3, 2025, the Department of State announced via its website that, effective December 15, 2025, the enhanced social media vetting currently in place for F, M, and J visa applicants would be expanded to H-1B and dependent H-4 visa applicants.

Like F, M, and J visa applicants, H-1B and H-4 visa applicants will now be required adjust the privacy settings on all of their social media profiles to “public” while their visa applications are processing with the Department of State.

Prior to or following the consular interview, applicants should expect to receive instructions via email to set their social media profiles to public for the required social media vetting to take place. The process typically takes several days to complete prior to visa issuance and we expect the same process will now apply to H-1B and H-4 visa applicants.

The DOS is framing these procedures as national security measures, and has directed embassies and consulates to screen for applicants who pose a threat to U.S. national security or public safety based on publicly available information, including their social media presence.

If the consular officer finds derogatory information, they can refuse the application, call the applicant back for a follow-up interview, or conduct additional review.

Applicants are encouraged to check the website of the U.S. embassy or consulate where they intend to apply for up-to-date appointment availability and any country-specific requirements and to ensure that they are regularly checking the email for additional informational requests both before and after their consular interview. 

Visa applicants should budget additional time (typically 1 additional week) when applying for F, M, J, H-1B and H-4 visa stamps to allow sufficient time for consular posts to complete the necessary social media vetting before issuing visa stamps.

The brief announcement contains limited additional information and leaves open questions such as how it will treat minor H-4 dependents who may have limited or no social media presence.

D&S is continuing to monitor this developing situation and will provide updates as they become available.