USCIS Imposes Final Action Dates for June 2026 Filings as EB-2 India Slides 10 Months
Updated
Updated · Ogletree Deakins · May 14
USCIS Imposes Final Action Dates for June 2026 Filings as EB-2 India Slides 10 Months
2 articles · Updated · Ogletree Deakins · May 14
June 2026 employment-based adjustment applicants must use the Final Action Dates chart, shutting out workers who were eligible only under the Dates for Filing chart.
India bore the sharpest pullback: EB-1 retrogressed 3.5 months to Dec. 15, 2022, and EB-2 fell more than 10 months to Sept. 1, 2013, reflecting heavy demand and usage.
China also remains backlogged, with EB-1 at April 1, 2023 and EB-2 at Sept. 1, 2021, while EB-3 moved ahead modestly—six weeks for China and one month for India.
The State Department warned more setbacks could hit before Sept. 30, including further retrogression or unavailability in EB-1 and EB-2 for India, EB-2 for China, EB-3 for the Philippines, and EB-5 Unreserved for India.
EB-5 Unreserved stays current for most countries and all EB-5 set-asides remain current, but employers and applicants are being urged to check whether priority dates are current under Final Action Dates before filing.
How will the exclusive use of Final Action Dates in June 2026 impact green card hopefuls’ strategies and chances, especially for those from India and China?
Could the looming retrogression for India EB-1 and EB-2 applicants signal the need for a major overhaul of the U.S. green card system?
With EB-5 Unreserved for India facing potential unavailability, what options remain for investors caught in the backlog before the September 2026 grandfathering deadline?