July 2026 Filing Rule: Employment-Based I-485 Uses Final Action Dates
Visa Bulletin retrogression is a backward movement, pause, or temporary unavailability of immigrant visa numbers in a preference category when demand exceeds the annual, category, or country-based supply. For employment-based green card applicants, retrogression does not mean that an EB-1, EB-2 NIW, EB-2 PERM, EB-3, EB-4, or EB-5 petition has become weaker. It means the next step depends on whether the applicant’s category and country of chargeability have an available immigrant visa number.
The July 2026 Visa Bulletin is especially important for applicants inside the United States because employment-based adjustment of status applicants must use the Final Action Dates chart for Form I-485 filing in July 2026. Dates for Filing remain relevant for NVC document collection and can be used for I-485 only in months when USCIS expressly permits that chart. For July 2026 employment-based adjustment, the filing rule is Final Action Dates.
Short answer: USCIS July 2026 employment-based adjustment of status uses Final Action Dates. An employment-based applicant who wants to file Form I-485 in July 2026 must compare the priority date with the Final Action Dates table in the DOS July 2026 Visa Bulletin. If the category is Current, immigrant visa numbers are authorized for qualified applicants in that row. If the category shows a cutoff date, the priority date must be earlier than that date. If the category shows “U,” immigrant visa numbers are not authorized for issuance or final I-485 approval until availability changes.
- Final Action Dates control employment-based I-485 filing in July 2026. Dates for Filing do not open I-485 filing unless USCIS authorizes that chart for the month.
- Retrogression can stop three steps: I-485 filing, final approval of a pending I-485, and immigrant visa issuance at a consulate.
- I-140 approval is not the green card. It does not grant permanent residence, EAD, advance parole, or lawful status by itself.
- July 2026 is a mixed movement month. Some dates advanced, India EB-1 moved backward, and India EB-2 plus India EB-5 Unreserved became unavailable through the end of FY 2026.
What Retrogression Means and Why the Employment-Based Queue Can Move Backward
Employment-based immigrant visas are numerically limited. The U.S. Department of State allocates immigrant visa numbers by preference category and country of chargeability. When demand is higher than the available supply, a category becomes oversubscribed. DOS then publishes a cutoff date. Applicants with priority dates earlier than that cutoff date can move forward for the step controlled by that chart.
Retrogression happens when a cutoff date moves backward or when DOS makes a category unavailable because a limit has been reached. This can happen even after a strong I-140 petition has been approved. I-140 approval confirms the immigrant classification if the petition remains valid, but it does not by itself grant a green card, employment authorization, advance parole, or lawful U.S. status.
Retrogression is about immigrant visa number supply. It does not automatically mean that USCIS has changed its view of the petition. A person can have an approved EB-1A, EB-2 NIW, EB-2 PERM, EB-3, or EB-5 petition and still be unable to file I-485, receive final I-485 approval, or obtain an immigrant visa until the date becomes available again.
Why the risk rises near the end of the fiscal year
The U.S. fiscal year begins on October 1 and ends on September 30. By the summer, DOS and USCIS have a clearer view of actual number use: issued immigrant visas, pending I-485 inventory, documentarily qualified consular cases, and derivative spouses and children who also need visa numbers. If demand approaches the annual limit, DOS can slow movement, move a Final Action Date backward, or make a category unavailable until a new fiscal-year allocation is available.
Factors That Usually Increase Retrogression Risk
The scale helps applicants compare common risk factors, but exact movement still depends on the monthly Visa Bulletin, annual limits, and actual demand in each category.
What Retrogression Blocks: I-485 Filing, Final I-485 Approval, and Consular Issuance
Retrogression does not affect every applicant in the same way. Someone who has not filed I-485 faces a filing barrier. Someone with a pending I-485 usually waits for final approval until a number becomes available. A consular applicant can finish document review or attend an interview, but the consulate cannot issue the immigrant visa unless the date is available at the time of issuance.
| Stage | Effect of retrogression | Best next step |
|---|---|---|
| I-485 filing | If USCIS requires Final Action Dates and the applicant’s date is not earlier than the cutoff date, I-485 filing is closed for that row. | Wait for a valid filing window, prepare documents in advance, and keep lawful status or extension options active. |
| Final I-485 approval | A pending I-485 cannot be finally approved until a number is available for the applicant’s category and chargeability. | Answer USCIS notices, update the address, track medical exam issues, and renew EAD/AP when eligible. |
| Consular issuance | A consulate cannot issue an immigrant visa when the row is “U” or the applicant’s date is no longer available. | Keep NVC and civil documents current and avoid assuming that an interview guarantees issuance. |
Use this table to identify which step is blocked first. It explains the date barrier only; processing time, admissibility, petition strength, and document quality still need separate review.
Retrogression does not automatically cancel a properly filed I-485, and it does not automatically cancel an already issued EAD or advance parole document. The main effect is that final I-485 approval waits until a number is available. Applicants with a pending I-485 should track EAD/AP expiration, renew on time where eligible, and avoid travel or employment decisions based on expired documents.
How to Read Priority Dates, Chargeability, and the Two Visa Bulletin Charts
The Visa Bulletin should be read in sequence. Start with the employment-based category. Then confirm the priority date. Next, identify country of chargeability, which is usually based on country of birth rather than citizenship or residence. Finally, for I-485, confirm whether USCIS allows Dates for Filing or requires Final Action Dates for that month.
Final Action Dates control final immigrant visa issuance and final I-485 approval. Dates for Filing control earlier document processing at NVC and can support I-485 filing only when USCIS authorizes that chart. In July 2026, employment-based I-485 applicants must use Final Action Dates.
| Term | Meaning | How to read it |
|---|---|---|
| Priority date | Your place in the employment-based immigrant visa queue. It is usually the PERM filing date, or the I-140 filing date when PERM is not required. | For a dated row, the applicant’s date must come before the listed cutoff date. |
| Chargeability | The country column used for allocation of immigrant visa numbers. It is generally based on country of birth. | Use the correct country column. Cross-chargeability through a spouse requires separate document review. |
| Final Action Dates | Dates used for final immigrant visa issuance or final I-485 approval. | For July 2026 employment-based I-485 filing, this is the required chart. |
| Dates for Filing | Dates used for earlier document processing, especially at NVC, and sometimes for I-485 if USCIS allows it. | Do not use it for I-485 unless USCIS permits that chart for the month. |
| C / Current | The row has no cutoff date for qualified applicants. | Current removes the date barrier, but eligibility, admissibility, medical exam, security checks, and complete documents still matter. |
| U / Unavailable | Immigrant visa numbers are not authorized for issuance or final approval. | Even an otherwise ready case must wait until DOS restores availability. |
These terms prevent the most common filing mistakes: using the wrong country column, relying on Dates for Filing when USCIS requires Final Action Dates, or treating “Current” as a guarantee of approval.
Examples: “earlier than 01AUG24,” “U,” and “Current”
- EB-3 All Chargeability at 01AUG24: a priority date of July 15, 2024 comes before August 1, 2024. A priority date of August 1, 2024 does not.
- EB-2 India marked “U”: no immigrant visa numbers are authorized for that row in July 2026, so final approval or visa issuance cannot occur in that category until availability changes.
- EB-1 All Chargeability marked “Current”: there is no cutoff date for that column, but the applicant still needs a qualifying petition, admissibility, valid filing eligibility, and a complete I-485 or consular package.
Why countries differ
Countries differ because demand differs. The Visa Bulletin reflects worldwide limits, preference-category limits, per-country limits, pending adjustment cases, consular demand, and derivative family members. India and China-mainland born often have separate employment-based cutoff dates because demand is high. Applicants born in Ukraine, Russia, Kazakhstan, Belarus, Moldova, Georgia, EU countries, and many other countries not listed separately usually start with the All Chargeability Areas Except Those Listed column.
What Changed in July 2026 Compared with June 2026
July 2026 is a mixed movement month for employment-based applicants. Several dates advanced, India EB-1 moved backward, and India EB-2 plus India EB-5 Unreserved became unavailable through the end of FY 2026. The impact depends on category, country of chargeability, and whether the applicant is filing I-485, waiting for final I-485 approval, or processing through a consulate.
Retrogressed or newly unavailable
| Category / country | June 2026 | July 2026 | Meaning |
|---|---|---|---|
| EB-1 India | 15DEC22 | 15OCT22 | The date moved backward. Some applicants who were current in June are no longer current in July. |
| EB-2 India | 01SEP13 | U | Unavailable through the end of FY 2026. October movement depends on FY 2027 limits and demand, not on an automatic reset to Current. |
| EB-5 Unreserved India | 01MAY22 | U | Unavailable through the end of FY 2026 for Unreserved EB-5. Set-aside EB-5 rows remain Current. |
These rows show the hardest July 2026 changes for India. EB-2 India and EB-5 Unreserved India are unavailable through the end of FY 2026, but the new fiscal year does not guarantee immediate current status or individual approval.
Advanced but still backlogged
| Category / country | June 2026 | July 2026 | Meaning |
|---|---|---|---|
| EB-3 All Chargeability | 01JUN24 | 01AUG24 | Two-month advancement, but the row is still not Current. |
| Other Workers All Chargeability | 01FEB22 | 01MAR22 | One-month advancement; this subcategory still moves more slowly than EB-3 Skilled / Professional. |
| EB-1 China-mainland born | 01APR23 | 01JUN23 | Advancement, but the row still has a cutoff date. |
| EB-4 / Religious Workers | 15JUL22 | 15SEP22 | Small advancement, but the category remains backlogged. |
A later cutoff date usually helps applicants whose dates fall before the new cutoff. These rows improved in July 2026, but they still require careful date comparison before filing or expecting final action.
For July 2026 employment-based adjustment of status, USCIS uses Final Action Dates. A more favorable Dates for Filing row does not open I-485 filing for employment-based applicants in July 2026.
July 2026 Final Action Dates for Employment-Based Categories
The July 2026 Final Action Dates table controls final action and, for this month’s employment-based adjustment filings, I-485 filing eligibility. The tables below simplify the main rows applicants usually need for EB-1, EB-2, EB-3, EB-4, and EB-5 planning.
If you were born in India, China-mainland born, Mexico, or the Philippines, do not rely on the All Chargeability Areas column unless a valid chargeability exception applies. If your country of birth is not listed separately, the All Chargeability Areas Except Those Listed column is usually the starting point.
All Chargeability Areas Except Those Listed
| Category | July 2026 Final Action Date | How to read it |
|---|---|---|
| EB-1 | Current | No cutoff date for this column. Petition quality, admissibility, and complete filing remain central. |
| EB-2 | Current | EB-2 NIW and EB-2 PERM applicants from most countries have no cutoff date in July 2026. |
| EB-3 Skilled / Professional | 01AUG24 | A July 2024 priority date can qualify; an August 1, 2024 priority date does not come before the cutoff. |
| Other Workers | 01MAR22 | This EB-3 subcategory has a separate numerical constraint and moves more slowly. |
| EB-4 / Religious Workers | 15SEP22 | The category is not Current. Only earlier dates can move forward for final action. |
| EB-5 Unreserved | Current | For most countries, no cutoff date; investment structure, source of funds, and project compliance remain critical. |
| EB-5 Set Aside | Current | Rural, High Unemployment, and Infrastructure set-aside categories are Current for listed chargeability areas. |
Applicants using this column should still confirm eligibility, admissibility, medical exam status, and document readiness. “Current” removes the cutoff-date barrier, but it does not replace the rest of the green card process.
India, China-mainland born, and the Philippines
| Chargeability | Category | July 2026 situation |
|---|---|---|
| India | EB-2 | U through the end of FY 2026. October movement depends on FY 2027 limits and demand. |
| India | EB-1 | 15OCT22. The date moved backward from June 2026. |
| India | EB-5 Unreserved | U through the end of FY 2026 for Unreserved EB-5. Set-aside rows remain Current. |
| China-mainland born | EB-1 | 01JUN23. Advancement from June, but still not Current. |
| China-mainland born | EB-2 | 01SEP21. Later dates must wait. |
| Philippines | EB-3 | 01AUG23. Only earlier dates can move forward for final action. |
Country-specific rows matter because chargeability is usually based on country of birth. Applicants should not use a more favorable column because of citizenship, residence, employer location, or passport unless a valid chargeability rule supports it.
How Retrogression Affects Applicants at Each Case Stage
A useful retrogression strategy starts with the basic facts of the case: category, priority date, country of chargeability, I-140 status, U.S. immigration status, dependents, and current process stage. The right next step is different before I-140, after I-140, after I-485 filing, and during consular processing.
The main goal is to secure a priority date when the category is appropriate and the evidence is ready. For PERM-based EB-2 and EB-3, the priority date is usually tied to the labor certification filing date. For EB-1A and EB-2 NIW, where PERM is not required, the priority date usually comes from I-140 filing. Even if the category is not Current, an earlier date can become valuable later.
I-140 approval does not allow I-485 filing unless the applicable Visa Bulletin chart makes the date available. In July 2026, employment-based applicants must use Final Action Dates. If the date does not come before the cutoff, the applicant should prepare documents, keep lawful status and extension options available, and wait for a valid filing window.
Retrogression usually leaves the I-485 pending until a number becomes available for final approval. It does not automatically erase the pending application or cancel previously issued EAD/AP. The applicant should respond to USCIS notices, update address records, renew EAD/AP when eligible, track medical exam issues, and avoid relying on expired documents.
NVC document qualification or a scheduled interview does not override the Visa Bulletin. If the category becomes unavailable or the date is no longer available, the consulate cannot issue the immigrant visa. Applicants should keep civil documents current and answer consular requests promptly so the case is ready when the date allows action.
AC21, H-1B portability, and H-1B extensions are different tools
During retrogression, applicants often use the word “portability,” but it can refer to different mechanisms. H-1B portability can allow a worker to begin employment with a new H-1B employer after a properly filed petition if the required conditions are met. AC21 I-485 portability is different: it concerns a pending adjustment case and generally requires that Form I-485 has been pending for 180 days or more, the underlying I-140 is approved or approvable, and the new job offer is in the same or similar occupational classification. Form I-485 Supplement J is often used to confirm the valid job offer or portability request.
H-1B extensions beyond the six-year limit also require separate analysis. One route can depend on a labor certification or I-140 filed at least 365 days earlier. Another can depend on an approved I-140 and the unavailability of an immigrant visa number. These extensions are often central for applicants stuck in a backlog, but they are not the same as I-485 portability.
Monthly action checklist after a new Visa Bulletin
- Identify the exact category: EB-1A, EB-1B, EB-1C, EB-2 NIW, EB-2 PERM, EB-3 Professional, EB-3 Skilled Worker, Other Workers, EB-4, Religious Workers, or EB-5.
- Confirm the priority date from the PERM filing, I-140 receipt, approval notice, or retained priority date.
- Confirm chargeability by country of birth unless a documented exception applies.
- For I-485, use the USCIS monthly filing-chart selection. July 2026 employment-based cases use Final Action Dates.
- Compare the date carefully: it must come before the cutoff date.
- Review dependents, especially children approaching 21, because CSPA timing can be decisive.
Mistakes That Can Delay or Damage a Case During Retrogression
Most retrogression problems are not caused by the delay alone. They come from filing under the wrong Visa Bulletin chart, using the wrong country column, overestimating the effect of I-140 approval, missing EAD/AP renewals, or waiting until a short filing window opens before preparing documents.
| Mistake | Why it is risky | Better approach |
|---|---|---|
| Using citizenship instead of country of birth | The applicant can use the wrong column and wrongly believe the date is available. | Determine chargeability from country of birth unless cross-chargeability or another exception applies. |
| Using Dates for Filing without USCIS authorization | I-485 can be filed under the wrong chart and rejected or treated as improperly filed. | Use the USCIS chart selection for the filing month, not only the DOS bulletin. |
| Treating I-140 approval as permanent residence | I-140 does not grant a green card, EAD, AP, or independent lawful status. | Separate immigrant classification, date availability, adjustment or consular processing, and final status. |
| Assuming priority date retention is absolute | Priority date retention can be unavailable if the petition is revoked for fraud, willful misrepresentation, material error, or invalid labor certification. | Review the reason for any revocation or petition problem before relying on a retained date. |
| Ignoring EAD/AP timing after I-485 filing | A pending I-485 can remain alive during retrogression, but expired work or travel documents create separate problems. | Track EAD/AP validity and renewal eligibility separately from Visa Bulletin movement. |
These mistakes are avoidable if the applicant treats the Visa Bulletin as one part of the process, not the entire case. Status, documents, dependents, employer issues, and prior filings all remain relevant.
Choosing Between EB-1, EB-2 NIW, EB-3, EB-4, and EB-5 When Dates Move Back
Retrogression should not be the only reason to choose or abandon an employment-based category. A faster row can require a higher evidentiary standard. A more realistic petition can have a longer queue. A strong strategy compares evidence, employer role, timing, status protection, dependents, and the likelihood that the category remains useful by the time the case reaches final action.
| Path | Why applicants use this path | Where delays or risks appear |
|---|---|---|
| EB-1A | No employer or PERM required; EB-1 is Current for most countries in July 2026. | High evidence burden: sustained acclaim, regulatory criteria, and final merits determination. |
| EB-2 NIW | No PERM or specific job offer required; useful for work with national importance. | For high-demand countries, I-140 approval can still leave the applicant waiting for a date to become available. |
| EB-2 PERM | Structured employer-sponsored route for advanced-degree or exceptional-ability positions. | Depends on employer, PERM timing, offered position, ability to pay, and continued job-offer reality. |
| EB-3 | Can fit skilled workers and professionals whose evidence is weaker for EB-1A or NIW. | All Chargeability is not Current in July 2026; Other Workers moves more slowly. |
| EB-4 | Applies to limited special immigrant categories. | Not Current in July 2026 and requires precise eligibility review. |
| EB-5 | Set-aside categories remain Current in July 2026; useful where project and funds documentation is strong. | India Unreserved is U; China Unreserved has a cutoff date; source-of-funds and project compliance remain demanding. |
This comparison helps separate two questions that applicants often mix together: whether the case is strong enough for a category, and whether that category has a usable date. Both questions matter.
When an employer is required and when it strengthens the case
EB-3 and most EB-2 PERM cases require an employer, a qualifying position, PERM labor certification, I-140 sponsorship, and proof of ability to pay. EB-2 NIW does not require PERM or a specific job offer, but evidence from employers, clients, researchers, investors, public institutions, or industry organizations can strengthen the proposed endeavor, national importance, and prospective impact. EB-1A also does not require an employer, but independent evidence of achievements, recognition, publications, judging, leading roles, original contributions, or comparable proof is often critical.
Dependents, CSPA, and the Risk of Aging Out During Long Retrogression
Retrogression affects spouses and children as well as the principal applicant. In employment-based preference categories, eligible spouses and children can immigrate as derivatives, but each derivative uses a visa number. A long wait creates a separate risk for children who are close to turning 21.
CSPA can protect age in certain situations by using a statutory age calculation. In employment-based and family-sponsored preference categories, the analysis usually depends on the child’s biological age, the petition pending time, the date a visa became available, and whether the child sought to acquire permanent residence within the required time. USCIS guidance generally requires action within one year of visa availability to preserve CSPA benefits, subject to narrow exceptions.
| Factor | Why it matters | What to verify |
|---|---|---|
| I-140 filing and approval dates | The time the petition was pending can reduce the child’s calculated CSPA age. | Receipt notice, approval notice, and exact pending days. |
| Visa availability date | CSPA age and the one-year sought-to-acquire period depend on when a visa becomes available under the applicable chart. | Visa Bulletin month, USCIS chart selection for AOS, and whether the date was actually available. |
| One-year sought-to-acquire requirement | The child generally must take qualifying action within one year after visa availability. | I-485 filing, DS-260 submission, fee payment, or other documented qualifying steps. |
| Retrogression after availability | A date can become available and then move backward, complicating the timing analysis. | Month-by-month date movement and evidence that the family acted when action was possible. |
CSPA is date-sensitive. Families should review exact filing dates, approval dates, Visa Bulletin movement, and documented actions instead of assuming that an approved I-140 automatically protects a child.
If a child is close to 21, review CSPA before the interview or final adjudication stage. The key evidence includes I-140 dates, Visa Bulletin availability, USCIS chart selection, sought-to-acquire actions, and any period of retrogression after the date first became available.
FAQ on Visa Bulletin Retrogression for Employment-Based Applicants
What does “U” mean in the Visa Bulletin?
“U” means Unavailable. Immigrant visa numbers are not authorized for issuance or final approval in that category and country column. A consulate cannot issue the immigrant visa, and USCIS cannot finally approve I-485 in that row until availability returns.
Can I file I-485 in July 2026 using Dates for Filing?
Not for employment-based categories unless USCIS authorizes that chart. For July 2026 employment-based adjustment of status, USCIS uses Final Action Dates. Dates for Filing alone does not open I-485 filing for employment-based applicants in July 2026.
What happens to a pending I-485 if the priority date retrogresses?
The application usually remains pending, but USCIS cannot approve it until a number is available. The applicant should keep the case updated, answer USCIS notices, renew EAD/AP when eligible, and maintain overall eligibility.
Does retrogression cancel my EAD or advance parole?
Retrogression does not automatically cancel an already issued EAD or advance parole document. The applicant must still track validity dates, renewal rules, and travel risks. A valid document remains a separate issue from final green card approval.
Does I-140 approval guarantee priority date retention?
Many approved employment-based petitions allow priority date retention, but retention is not absolute. Fraud, willful misrepresentation, material error, or invalid labor certification can affect whether a priority date can be relied on in a later case.
What should EB-2 India applicants understand about July 2026?
EB-2 India is Unavailable in July 2026 through the end of FY 2026. DOS indicates that October movement is likely to at least the May 2026 final action date, but the actual date depends on Indian EB-2 demand and FY 2027 employment-based limits. It is not a guarantee of automatic current status or approval.
Why is India EB-5 Unreserved U while EB-5 set-aside categories are Current?
EB-5 has Unreserved and set-aside categories. In July 2026, India EB-5 Unreserved is unavailable through the end of FY 2026, while Rural, High Unemployment, and Infrastructure set-aside rows remain Current. Applicants must identify the exact EB-5 subcategory, not only the country.
Should an EB-3 applicant switch to EB-2 NIW or EB-1A because of retrogression?
Only if the evidence supports the higher or different standard. EB-2 NIW requires a qualifying EB-2 basis and a strong national-interest waiver argument. EB-1A requires evidence of extraordinary ability and final merits strength. A weak petition in a faster category can add denial risk without solving the timing problem.
Official Sources for Checking Dates and Filing Rules
Visa Bulletin dates and USCIS filing-chart selections change monthly. Before filing I-485, attending a consular interview, changing strategy, extending status, or relying on a retained priority date, applicants should verify the current month, category, country of chargeability, applicable chart, and process stage.
-
Department of State — Visa Bulletin for July 2026.
Official source for July 2026 Final Action Dates, Dates for Filing, “C” and “U” meanings, India EB-1 movement, India EB-2 unavailability, and India EB-5 Unreserved unavailability.
travel.state.gov — Visa Bulletin for July 2026 PDF -
Department of State — Visa Bulletin for June 2026.
Used for month-to-month comparison between June 2026 and July 2026.
travel.state.gov — Visa Bulletin for June 2026 -
USCIS — Adjustment of Status Filing Charts.
The page that explains which Visa Bulletin chart may be used for I-485 filing in a specific month.
uscis.gov — Adjustment of Status Filing Charts -
USCIS — Visa Retrogression.
USCIS explanation of retrogression and the requirement that an immigrant visa be available for adjustment filing and adjudication.
uscis.gov — Visa Retrogression -
USCIS — Child Status Protection Act.
Official guidance for age calculation, visa availability, and the sought-to-acquire requirement.
uscis.gov — Child Status Protection Act -
USCIS — Job Portability under AC21.
Official USCIS resource on same or similar occupational classifications and Form I-485 Supplement J.
uscis.gov — AC21 Job Portability -
USCIS — Form I-140.
Official page for the immigrant petition for alien workers.
uscis.gov — Form I-140
Final takeaway: the safest way to read retrogression is step by step: category, priority date, chargeability, USCIS filing chart, case stage, dependents, and document readiness. A single date rarely answers the whole question. The same Visa Bulletin can block a new I-485 filing, delay final approval of a pending I-485, or stop consular issuance, depending on where the case stands.
Related immigration pathways
Use these pages to compare related U.S. immigration options and continue with the route that best matches your case.
-
I-140 petition for employment-based cases
Review the petition stage before final green card processing.
-
U.S. work-based immigration routes
Compare EB-1, EB-2, EB-3, NIW, PERM, I-140 and final green card planning in one employment-based framework.
-
Form I-485
For final green card filing inside the United States after a visa number is available.
-
EB-1 visa
Review the first-preference employment-based category and its three subcategories.
-
EB-1B visa
For recognized academic and research profiles with a qualifying permanent position.
