USCIS Continues to Use the More Favorable Dates for Filing Chart in Both October and November, Creating Significant I-485 Filing Opportunities

Author: Attorney Jian Joe Zhou: jzhou@hooyou.com

The November 2026 Visa Bulletin brings welcome news for employment-based green card applicants. Following significant advances in October 2026, the U.S. Department of State (DOS) has maintained nearly all employment-based filing cutoff dates for November.

Most importantly, USCIS has authorized employment-based applicants to use the more favorable Dates for Filing (Chart B), rather than the Final Action Dates (Chart A), for Form I-485 filings in both October and November 2026.

This USCIS decision is particularly significant because the Dates for Filing chart generally allows applicants to file Form I-485 earlier than the Final Action Dates chart.

As a result, applicants who became eligible to file Form I-485 in October generally remain eligible through November 30, 2026, provided they meet all other eligibility requirements.

1. Major Filing Date Advances in October 2026

The October 2026 Visa Bulletin introduced substantial forward movement in several employment-based categories, particularly for applicants born in China and India. These favorable filing dates remain available in November.

China: Significant Advances in EB-1, EB-2, EB-3, and EB-5

• EB-1: Advanced seven months, from December 1, 2023, to July 1, 2024.
• EB-2: Advanced one year, from January 1, 2022, to January 1, 2023, benefiting advanced-degree professionals and National Interest Waiver (NIW) applicants.
• EB-3: Advanced more than two years, from January 8, 2022, to April 1, 2024, creating important opportunities for skilled workers and professionals.
• EB-5 Unreserved: Advanced four years, from March 1, 2017, to March 1, 2021, a particularly significant development for Chinese EB-5 investors with long-pending cases.

All these favorable cutoff dates remain unchanged in November 2026.

India: Seven-Month EB-1 Advancement

For India-born applicants, the most significant improvement was in EB-1, which advanced seven months, from December 1, 2023, to July 1, 2024.

EB-2 and EB-3 filing dates remain unchanged at January 15, 2015, while EB-5 unreserved remains at May 1, 2024.

Worldwide: Mixed Developments

For worldwide applicants, EB-1 and EB-5 unreserved remain current.

However, EB-2 retrogressed from current to March 15, 2026, while EB-3 skilled workers and professionals retrogressed from current to August 1, 2024.

These principal filing dates remain unchanged in November.

2. USCIS Continues Using the More Favorable Dates for Filing Chart in November

USCIS's decision to use Chart B for both October and November is especially important. It allows eligible applicants to file Form I-485 based on the Dates for Filing cutoff dates, even when their priority dates are not yet current under the Final Action Dates chart.

For example, a China-born EB-3 applicant with a priority date of March 1, 2024, became eligible to file in October when the filing cutoff date advanced to April 1, 2024. That applicant remains eligible to file in November, assuming all other requirements are satisfied.

Similarly, qualifying China-born EB-5 investors with priority dates before March 1, 2021, may continue to file Form I-485 in November, even though their priority dates are not yet current for final green card approval.

The combination of October's significant filing-date advances and USCIS's continued use of Chart B in November creates an important window of opportunity for employment-based applicants.

3. Important: These Opportunities Apply to I-485 Filing, Not Consular Visa Issuance

The filing opportunities discussed here apply to eligible applicants physically present in the United States seeking adjustment of status through Form I-485.

USCIS's authorization to use the Dates for Filing chart does not mean green cards can be approved immediately.

Final approval of Form I-485, as well as immigrant visa issuance through U.S. consulates abroad, generally requires the applicant's priority date to be current under the Final Action Dates chart (Chart A).

Although the Dates for Filing chart may also be used for document processing at the National Visa Center, it does not authorize immigrant visa issuance before a visa number becomes available.

4. Our Recommendation: File as Soon as Possible

Filing Form I-485 may allow eligible applicants to apply for employment authorization (EAD) and advance parole while awaiting final green card approval. A properly filed I-485 may also remain pending if the Visa Bulletin subsequently retrogresses.

The November extension provides valuable additional time, but favorable filing dates may change in future months.

Zhang & Associates, P.C. strongly recommends that eligible applicants file their I-485 applications as soon as possible rather than waiting until November 30, 2026.

The October advances, now extended through November, represent important opportunities for many employment-based immigrants, particularly China-born EB-2, EB-3, and EB-5 applicants and China- and India-born EB-1 applicants.

For assistance with employment-based immigration or adjustment-of-status applications, please contact Zhang & Associates, P.C.

Attorney Joe Jian Zhou: jzhou@hooyou.com
Zhang & Associates, P.C.
www.hooyou.com

Dates for filing of Employment-Based Visa Applications

Employment-Based	All Chargeability Areas Except Those Listed	China-Mainland Born	India	Mexico	Philippines
1st	Current	07/01/24	07/01/24	Current	Current
2nd	03/15/26	01/01/23	01/15/15	03/15/26	03/15/26
3rd	08/01/24	04/01/24	01/15/15	08/01/24	01/01/24
Other Workers	07/01/22	10/01/20	01/15/15	07/01/22	06/01/22
4th	01/01/25	01/01/25	01/01/25	01/01/25	01/01/25
Certain Religious Workers	01/01/25	01/01/25	01/01/25	01/01/25	01/01/25
5th Unreserved (including C5, T5, I5, R5)	Current	03/01/21	05/01/24	Current	Current
5th Set Aside: (Rural - 20%)	Current	Current	Current	Current	Current
5th Set Aside: (High Unemployment - 10%)	Current	Current	Current	Current	Current
5th Set Aside: (Infrastructure - 2%)	Current	Current	Current	Current	Current

 

About the Author

Attorney Jian Joe Zhou is a Managing Partner at Zhang & Associates, P.C., with over 20 years of experience in business immigration law. He has successfully handled thousands of immigration cases, including complex H-1B petitions across various industries.

For legal inquiries, you may contact Attorney Zhou at jzhou@hooyou.com.

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Disclaimer: This article provides general immigration information and does not constitute legal advice. Individual eligibility depends on applicable immigration laws and USCIS requirements.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel:	1-800-230-7040, 713-771-8433
Email:	info@hooyou.com
website:	http://www.hooyou.com

 

10/23/2026)