The Legal Brief: An Immigration Attorney Dissects the January 2026 Visa Bulletin
Today’s memo is brought to you by Ana Gabriela Urizar, an immigration lawyer with almost a decade of experience and over 15,000 cases filed.
The State Department has finally released the latest Visa Bulletin — and it has great news for EB-1 filers.
The EB-1 final action date for India advanced by nearly a full year, from March 15, 2022 to February 1, 2023. That kind of big shift shows overall category momentum. Filing dates have also moved up for Indian EB-1 applicants by four months. While this shift may be less dramatic than the jump for final action dates, it’s still highly meaningful. The EB-1 category is clearly advancing, and thousands of new applicants can now file Form I-485.
USCIS has announced they will be honoring “Dates for Filing” when it comes to people living in the U.S. and ready to file their Adjustment of Status. If your priority date is current under the “Dates for Filing” chart, you can now petition for an adjustment of status using Form I-485. You can also include an application for a work permit based on the pending Adjustment of Status application.
For EB-1:
- Dates under the “Dates for Filing” chart for India moved up by four months, from April 15, 2023 to August 15, 2023.
- China’s dates under the “Dates for Filing” chart also advanced by almost three months, from May 15, 2023 to August 1, 2023.
- Final action dates for India advanced by almost a year. China also saw some movement, but only by 10 days.
- All filing and final action dates for other countries remain current.
For EB-2:
- Filing dates for India did not advance. Those that filed after December 1, 2013 should not expect movement in their cases.
- Filing dates for China advanced to January 1, 2022. Mexico, the Philippines, and all other countries moved up to October 15, 2024.
- Final action dates for all other areas, India, Mexico, and the Philippines moved up by 2 months. China moved forward by 3 months.
If you’re in the U.S. and you have already filed your I-140 , these final action dates let you know when your Green Card can get approved. Movement forward means that many people should see interview requests for USCIS, processing updates, or even decisions on their case. Remember that you cannot get permanent residence until your priority date under the final action date becomes current. This chart indicates the availability of actual green cards.
There is also good news for EB-2 applicants. While movement was not as drastic, final action dates advanced for all countries. That means that even for countries experiencing extreme backlogs, more people should see updates on their case.
My advice in the meantime? My practical advice as priority dates advance: If you are currently living in the United States and your priority date is current under the “Dates for Filing” chart, you should begin preparing your Adjustment of Status application now.
That means:
- Gathering documents, and
- Getting ready to file Form I-485 and Form I-765 as soon as the next month opens.
The Visa Bulletin is not a promise. There is no guarantee that priority dates will remain current in the February Visa Bulletin, and retrogression is always possible.
Continue to build your profile. Now’s a great time to continue getting career opportunities, especially in case USCIS asks you to attend a Green Card interview or submit more evidence to support this case.
Regardless of which category you’re filing under, the latest Visa Bulletin signals a window of opportunity. When both filing and final action dates move forward together, strong candidates should be evaluating eligibility and preparing to act.
Sincerely,
Ana Gabriela Urizar
