The U.S. Department of State has released the February 2026 Visa Bulletin, and USCIS has confirmed that employment-based applicants must use the Dates for Filing chart this month. The bulletin reflects movement only in the EB-3 category, advancing for all countries other than China and India.
Key Movement in EB-3 Category
- Final Action Date for EB-3 (ROW): Advanced from 22 April 2023 in January to 01 June 2023 in February.
- Date for Filing EB-3 (ROW): Advanced from 01 July 2023 to 01 October 2023.
Why This Matters
For global mobility leaders managing U.S.-bound assignees, this advancement may significantly expand eligibility for I-485 filings (Adjustment of Status) among EB-3 applicants from ROW countries. This includes professionals, skilled workers, and other workers whose priority dates now fall within the newly published window.
Final Action Dates for Employment-Based Preference Cases
| Employment Based | All Chargeability Areas Except Those Listed | CHINA mainland born | INDIA | MEXICO | PHILIPPINES |
|---|---|---|---|---|---|
| 1st | CURRENT | 01FEB23 | 01FEB23 | CURRENT | CURRENT |
| 2nd | 01APR24 | 01SEP21 | 15JUL13 | 01APR24 | 01APR24 |
| 3rd | 01JUN23 | 01MAY21 | 15NOV13 | 01JUN23 | 01JUN23 |
| 5th Unreserved | CURRENT | 01MAY22 | 01MAY22 | CURRENT | CURRENT |
Strategic Implications
- Filing I-485 earlier initiates the Employment Authorization Document (EAD) and Advance Parole (AP) process sooner—critical benefits for both employees and employers.
- Enables in-country adjustment for eligible foreign nationals already in the U.S., reducing reliance on consular processing.
Recommended Best Practices
To maximize the benefits of this movement:
- Conduct EB-3 Case Reviews: Reassess all EB-3 ROW candidates to determine who now qualifies under the updated dates.
- Review Dependent Cases: Ensure that spouses and children are included in filings where eligible, avoiding delays in derivative benefits.
- Recalibrate Global Immigration Strategy: Where possible, leverage Adjustment of Status to minimize consular risks—especially in light of the recently announced immigrant visa processing pause.
- Engage Strategic Support from Newland Chase: Assess your EB-3 case strategy, evaluate risk exposure, and document defensible decision paths in light of visa bulletin volatility, consular pauses, and ongoing policy uncertainty.
Contextual Consideration: Processing Pauses for Certain Countries
While separate from the Visa Bulletin itself, recent announcements regarding processing pauses for certain countries provide important context. These developments increase uncertainty around immigrant visa processing abroad and underscore a key strategic point for employers:
Where Adjustment of Status is available, filing in the U.S. remains the more predictable and lower-risk option.
This is particularly relevant for employers with employees from affected countries who may now need to reassess timing, filing strategies, and case planning to reduce disruption.
Final Takeaway
The February 2026 Visa Bulletin signals a favorable window for EB-3 ROW populations, and global employers should act swiftly. By aligning internal immigration reviews with this advancement, organizations can optimize timelines, safeguard continuity, and help eligible employees cross borders with confidence.
For case-specific strategy and compliance support, contact your Newland Chase advisor or email [email protected].
For further details, visit https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
