April green card filing for second and third preference categories
The visa bulletin, released monthly by the U.S. State Department, is a kind of weather report for green card waiters. It's almost the only official indicator of when your turn will come, and whether the queue is shrinking or growing. That's why so many calls to immigration lawyers‘ offices start with ’Did you see this month's green card bulletin?‘ But the April 2026 green card bulletin was more like breaking news than a forecast. Both the EB-2 category (EB-2) and the EB-3 category (EB-3) are now ’Current" (i.e., no wait) based on the Final Action Date and the Dates for Filing (i.e., the dates set by USCIS). For Korean immigrant workers who have been waiting in line for their I-140 petitions to be approved, a door that had been closed has suddenly opened. However, no one can say for sure when that door will close again. The seasons of immigration law are too fickle to believe that the spring breeze of April will last until September.
The paradox of empty seats - the unexpected benefits of travel bans
The fact that EB-2 and EB-3 reached cap in the April announcement is not a fluke. Behind it all is a structural backdrop: the layering of immigration restrictions over the past year. Each fiscal year (FY), there is a statutory minimum allocation of 140,000 U.S. employment-based immigrant visas. This number is shared by applicants from around the world, and if visas are unavailable in a particular country, the remaining numbers flow to applicants from other countries. The visa allocation provisions of the Immigration and Nationality Act (INA) are the legal basis for this reallocation.
On June 4, 2025, President Trump issued Presidential Proclamation 10949, which imposed a total or partial ban on entry for nationals of 19 countries. Twelve countries, including Afghanistan, Iran, Somalia, and Yemen, were banned from both immigrant and non-immigrant visas, while the remaining seven countries were suspended from issuing immigrant visas and B (visitor), F (student), M (job training), and J (exchange visitor) visas. Six months later, on December 16, Proclamation 10998 followed, expanding the ban to 39 countries, which went into effect on January 1, 2026. While maintaining the ban on 19 existing countries, 20 new countries were added, and the exception for immediate family members of U.S. citizens recognized in the previous proclamation was removed.
On top of that, in a separate executive action, the State Department indefinitely suspended immigrant visas for nationals of 75 countries, effective January 21, 2026, based on a determination that immigrants from those countries are at high risk of becoming dependent on the public charge. According to Cato Institute estimates, this action alone could block about 324,000 legal immigrations per year, or nearly half of all immigrant visas issued.
The overlap between the 39-country travel ban and the 75-country visa suspension caused consulates abroad to issue immigrant visas in droves. Unissued visa numbers remain unused, and the State Department aggressively advances priority dates for other categories to prevent these numbers from going to waste before the end of the fiscal year. It is as a result of this structural mechanism that EB-2 and EB-3 Rest of World became currents. It's the cold, zero-sum arithmetic of immigration law: someone's door closes, so someone else's door opens.
What the numbers say - the specifics of the April Bulletin
Let's look specifically at the employment-based immigrant categories for the April green card filings. As of the Final Action Date, EB-2 is now available for all countries except China and India. Countries including South Korea, Mexico, and the Philippines are now eligible for green card adjudication regardless of priority date. EB-3 is also now open and available based on USCIS's availability date. The Final Action Date has been advanced to June 1, 2024. In the March Visa Bulletin, the EB-3 Final Action Date was October 1, 2023, and January 15, 2024 was a Dates for Filing date, not a Final Action Date. Therefore, April's June 1, 2024 Final Action Date represents an advance of approximately eight months, which is unusual when comparing Final Action Dates. This pace of advancement is not seen in normal visa demand environments, and the impact of the travel ban and visa suspension analyzed earlier is reflected in the numbers. While USCIS had previously used the Final Action Date for employment-based green card cases, the agency recently began using Dates for Filing and officially announced in April that it would begin using the Dates for Filing chart. This marks the sixth consecutive month since October 2025 that USCIS has done so, reflecting the agency's belief that sufficient visa numbers are available. The Dates for Filing chart is important from a practical standpoint because applicants whose Final Action Date has not yet arrived can still file an I-485 as long as they meet the dates on the Dates for Filing. The difference between the two charts directly affects applicants' job choices and ability to travel abroad, as filing an I-485 opens the door to applying for an Employment Authorization Document (EAD) and Advance Parole. When reading the visa bulletin, some people may only look at the Final Action Date to determine their situation, but it's important to note which chart USCIS is applying.
A window of opportunity, and a closing clock - a sobering view of possible regression
The relief that the word Current (the door is open) provides is real, but there is no guarantee anywhere that this status will remain until September 2026, the end of FY2026. The State Department included a caveat directly in the April bulletin itself: ‘If additional immigrant visa demand materializes or administrative actions are modified, retrogression may be necessary to meet the annual issuance cap.
The State Department typically advances priority dates aggressively in the first half of the fiscal year to prevent visa numbers from lapsing into unused status. If demand is less than forecast, the advances are larger, and if it exceeds forecasts, they are adjusted backward. The big advance in April is a clear sign that year-to-date visa usage is significantly below the State Department's forecast. The problem is that this advance has a self-fulfilling propensity to spur new demand. When applicants hear the news and rush to file I-485s, the volume of filings itself is a direct cause of the retreat in the following month or months.
Experts are specifically mentioning the possibility of a retreat materializing in June-July, the end of Q3 FY2026, or in August, the beginning of Q4. This pattern of an aggressive first half of the year followed by a second half retreat has been observed repeatedly in the past. The closest example was in FY2025, when EB-2 visas were exhausted by the end of the fiscal year and new issuance was halted until the start of the new fiscal year in October 2025. Even if the travel ban is lifted or the suspension of visas from 75 countries is eased, a sudden increase in demand could trigger a retreat. It's possible that the visa surplus could last longer as long as current entry restrictions remain in place, but the variable is that the administration's immigration policy stance could change at a moment's notice.
◆ Practical response to Korean Americans waiting for green cards
South Korean nationals are categorized as Rest of World in the visa bulletin. This is not the same as India or China, where country-specific caps can cause years or decades of waiting. Since both EB-2 and EB-3 are current, Korean nationals with approved PERMs can file their I-140 and I-485 adjustment of status applications together, regardless of priority date. This means more than just getting your name in the queue.
The practical changes that come with filing an I-485 are layered. An employment authorization document (EAD) gives you the freedom to change jobs without being tied to your current employer. While an H-1B visa holder needs sponsorship from a new employer and a visa transfer to change jobs, an EAD frees you from these restrictions. Advance Parole allows you to re-enter the U.S. after traveling abroad, eliminating the risk of inadmissibility that nonimmigrant visa holders currently face when traveling abroad. Most importantly, once an I-485 has been filed, even if the visa bulletin is subsequently withdrawn, the filing itself is not invalidated. Final adjudication may be delayed, but a properly filed case will not be canceled because of the withdrawal.
It is important to keep in mind that even if your employment situation changes 180 days after your I-140 approval (e.g., you change employers), your priority date will be preserved, so if you have a new job offer in the same or a similar occupation, you can still proceed even if you change employers. It is common practice to file an I-765 (EAD application) and an I-131 (Advance Parole application) along with the I-485, and spouses and unmarried children under the age of 21 can also file together.
Korean-Americans currently in the U.S. on H-1B or L-1 status can proceed through the Adjustment of Status pathway, which is not affected by visa suspensions or processing delays at consulates abroad. With the current administration's emphasis on consular screening, delays have been reported around the world, so if you are able to adjust your status in the U.S., this pathway is more reliable in terms of time and predictability.
Closing remarks
The current status of EB-2 and EB-3 in April's Visa Bulletin is certainly welcome news, but behind the changes lies the pain of another immigrant group: the travel ban and visa suspensions. The reality that advancements in one category come at the expense of restrictions in another is a stark reminder of the zero-sum structure of the U.S. immigration system, where the total number of visas issued annually is fixed by law. Until this structure changes, opportunity for one group will always be tied to sacrifice for another.
To summarize from a practical perspective, this is a clear window of opportunity for PERM-approved Korean American green card waiters to file I-485s. There is no guarantee that this window will remain open until September, when FY2026 ends. Warnings that a retrogression could come in July or August are based on historical patterns and official comments from the State Department.
Policies change with a single executive order, and visa numbers fluctuate based on demand, so acting when the door opens is the most realistic strategy. Filing an I-485 is a failsafe in and of itself that won't be invalidated if the visa bulletin retreats. With the floodgates open, there is no reason for anyone with a PERM approval in hand to linger at the door.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
Law Offices of Jin Dong Cho
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