The Legal Brief: An Immigration Attorney Dissects the April 2026 Visa Bulletin

Today’s memo is brought to you by Nicole Gunara, Manifest Law’s Principal Immigration Attorney.

For the second month in a row, the Department of State’s latest Visa Bulletin shows several filing and final action dates surging forward.

As an immigration attorney who’s guided many clients through the EB-1 and EB-2 application process, I can see how this update brings hope. Many applicants may now be able to file for an adjustment of status or receive a Green Card in April.

But from my perspective as a lawyer and immigration policy nerd, the April 2026 Visa Bulletin carries a more interesting story underneath: Since October 2025, USCIS has continued to use filing dates to determine when applicants can file Form I-485. 

This might seem like a procedural footnote, but it reveals a great deal about how the federal government calculates visa availability right now.

Video: Immigration attorney explains April Visa Bulletin

April Visa Bulletin momentum, explained 

Each month, USCIS determines whether enough employment-based immigrant visas are available for the fiscal year. If supply meets demand, the agency allows foreign nationals to file for an adjustment of status using the Dates for Filing chart. Otherwise, people must rely on the Final Action Date chart, which usually has a longer backlog.

For instance, the current filing date for EB-1 India is December 1, 2023. But the final action date is April 1, 2023. If applicants have to rely on the final action date to determine when they can file for adjustment of status, many would still have to wait for months or years for that date to become current. 

At the beginning of the fiscal year, USCIS often announces that applicants may refer to these numbers because the number of available visas resets every October. Typically, the federal agency reverts to final action dates early in the year, once enough applicants have begun applying for an adjustment of status and continuing to use filing dates seems unrealistic — but that hasn’t happened this year. 

But the release of April’s Visa Bulletin marks the sixth straight month that foreign nationals in both family and employment-based categories can use the Dates for Filing chart to file an adjustment of status. This implies that USCIS believes there are more unused immigrant visas than there are applicants ready to use them, which could signal an overall decrease in demand.

But in my opinion, a more recent and specific policy could explain this change.

The ripple effect of the immigrant visa freeze

Last month, my colleague Henry Lindpere noted that the immigrant visa freeze affecting 75 countries could be linked to the dramatic forward surge in the March 2026 Visa Bulletin. From my perspective, this same freeze helps explain why USCIS has continued honoring the more favorable Dates for Filing chart into April.

To help explain this theory, consider what the pause means for visa availability. If nationals from nearly a third of the world cannot move forward with consular processing, a surplus of immigrant visas may now exist. And because USCIS must project supply and demand into the future when determining which chart to honor, a sustained freeze signals that the overall number of Green Cards available remains manageable.

Until the State Department releases more current statistics on its immigrant visa issuance, we can only speculate how impactful the processing pause has been. If it did lead to a meaningful drop in applicant numbers, the freeze may have given USCIS enough confidence in its projections to keep the more favorable chart open longer than we’ve seen in recent memory. This is just one theory, however, and another factor that could explain the drop could be an overall decrease in Green Card applicants. 

We can’t predict whether that sentiment holds through the rest of the fiscal year, but for now, its unintended consequence has made a positive impact in the timelines of many EB-1 and EB-2 applicants.

What this means for the backlogged EB-2 category

One of the biggest headlines from the latest Visa Bulletin is that EB-2 final action dates for Mexico, the Philippines, and all other countries became current. This can be partially explained by the immigrant visa freeze, as we discussed above.

Even India, whose cutoff dates remain years behind other countries, saw its EB-2 final action date surge forward by almost 10 months. For many applicants in the queue, this update means a Green Card may now be within reach. 

China, on the other hand, has remained at a relative standstill. From my perspective as an attorney, the sheer number of pending cases from Chinese nationals could explain its less noticeable movement. EB-2 petitions from Chinese nationals have grown dramatically over the past decade, from 4,122 in fiscal year 2014 to 17,283 in 2024. That’s a 319% increase in a decade, and implies there’s no shortage of demand to absorb available visa numbers. 

India’s own demand growth of 61% over the same period of time suggests a far less severe bottleneck of pending cases. Even though India has a larger overall applicant pool, the slower rate of new petitions entering the pipeline in recent years means the backlog could be stabilizing rather than growing. If this is the case, immigration officers could have more room to advance final action dates.

Practical advice for EB-1 and EB-2 applicants

The April 2026 Visa Bulletin provides hope for immigrants waiting patiently for their Green Card, but the right move depends on where you are in your immigration journey.

If you have a strong case and your priority date is current

Consider filing for an adjustment of status as soon as you’re able to. Filing Form I-485 early can help prevent future issues around expiring underlying status, or if you have a child approaching the age of 21 that could age out of their current status.

In addition, you can request advance parole or an employment authorization document alongside your I-485 petition. This can be a huge unlock for many applicants, as it allows them to work or travel internationally while their Green Card petition remains pending.

With cutoff dates moving so quickly, locking in your place in the adjudication line could make a significant difference in how fast your timeline to a Green Card moves forward.

If your case is still developing

Resist the urge to rush, and spend some time strengthening the quality of your I-140 petition. While you can never guarantee forward movement in the Visa Bulletin, filing a hastily made EB-1 or EB-2 application can be a costly mistake that results in an unfavorable decision and several months of wasted time.

Before you file, consider:

• Evaluating the strength of your petition as a whole: For EB-1A candidates, this looks like having a clear argument about your sustained acclaim or place at the top of your field. For EB-2 NIW applicants, consider adding documents that further explain your ability to realistically execute your endeavor.
• Gather documents for any eligible dependents: If you’re thinking of including your spouse or children in your I-485 petition, start getting copies of their birth certificates or valid passports.

If you’re unsure of the strength of your current case, I recommend talking to an immigrant attorney who has experience working with the employment category you’re filing under. They can offer you objective feedback on what your petition excels at, or what needs some improvement before filing. 

Regardless of where you are in your immigration journey, use this Visa Bulletin as a signal to continue building the strongest possible case. Movement creates opportunity, but only thorough preparation allows you to have a more favorable outcome in your application. 

Sincerely,