May Visa Bulletin Dramatic Turnaround and Practical Strategies for Korean Employment-Based Green Cards
I remember the air on the day the visa bulletin was released last April. The ‘Rest of World’ category for EB-1, EB-2, and EB-3 employment-based visas all became current simultaneously. This is the category most Koreans fall into. Applicants who had been holding their breath for a long time all took out their documents that day, and files that had been stalled since PERM approval a few years ago were brought back to desks.
However, the May Visa Bulletin released by the Department of State on April 14th changed the mood in just one month. Looking at the numbers alone, the Final Action Dates for April and May are almost the same. What actually changed is ‘which chart to use.' Since the Immigration and Customs Enforcement (USCIS) announced that it would only recognize the Final Action Dates chart for employment-based adjustment of status (I-485) applications starting in May, the actual scope of eligible applications has narrowed significantly in one month. With five months remaining until the end of fiscal year 2026 on September 30th, there's even a warning that visa numbers could retrogress again. Korean applicants caught between the opening in April and the tightening in May are experiencing firsthand that it's not just the numbers that have changed, but the entire timeline itself. And that feeling is concentrated on the specific date of April 30th.
◆ Other country categories, numbers remain the same, but the door has narrowed
“Even if it's the same door, it becomes a different door depending on who holds the key to open it.”
In the April Visa Bulletin, EB-2 and EB-3 for ‘All Other Countries’ were effectively current. To be precise, both categories were current based on the Dates for Filing chart, and based on the Final Action Dates, EB-2 was current while EB-3 was June 1, 2024. The important point is that USCIS recognized the Dates for Filing chart as the acceptance standard for the month of April. This means that EB-3 applicants from "All Other Countries" could file their I-485 in April regardless of their priority date. In reality, many PERM filings that had been stagnant for years moved to the filing stage through this window.
The Final Action Dates for the May Visa Bulletin show that EB-1 and EB-2 for ‘All Other Countries" remain current, while EB-3 is listed as June 1, 2024. Looking only at the numbers, this is the same as the previous month. However, since USCIS announced that only the Final Action Dates chart will be used starting in May, applicants for EB-3 for "All Other Countries" with a priority date after June 1, 2024, can no longer file their applications. In April, the door was open and current, but in May, it closes at the June 1, 2024 date. Because EB-1 and EB-2 for "All Other Countries" remain current, the impact on many highly educated professionals of Korean descent is limited. However, for EB-3 applicants based on labor certification who were planning to file in mid-2024 or later, a significant barrier to entry has now been created. The same expression, "current," carries different weight in practice depending on which chart it appears on.
While the numbers themselves haven't receded, the fact that changes in the way the immigration service announces things can narrow the window for acceptance is a point often overlooked in the Korean community. This structure, where applicants in the same category with the same priority date are split into eligible and ineligible based on a one-month difference, is likely to be repeated every latter half of the fiscal year going forward.
◆ From Dates for Filing to Final Action Dates, Filing Guidance is Redrawn
“When the tide goes out, the beach's terrain is revealed.”
In U.S. immigration law, there are two criteria for determining eligibility to file Form I-485. The first is Final Action Dates (Chart A), which indicates when a green card can actually be approved. The second is Dates for Filing (Chart B), which allows for the submission of documents sooner than that. The USCIS decides each month which of the two charts to use as the filing standard and announces it on the ‘Adjustment of Status Filing Charts’ page of USCIS.gov. In some cases, different charts may apply to family-sponsored and employment-based immigration within the same month.
Since the start of fiscal year 2026, USCIS has primarily been using the Dates for Filing chart for several months. This has allowed for early filing even if the priority date was ahead of the actual visa availability. However, starting in May, the Final Action Dates chart will be applied to all employment-based immigration categories. The family-sponsored categories will continue to use the Dates for Filing chart. Consequently, April 30th becomes the de facto final broad window for many employment-based immigration applicants. This is because there are cases where filing is possible based on the April dates, but becomes impossible based on the May Final Action Dates. While this change is not a legislative amendment but rather USCIS's monthly administrative decision, it carries the same weight for individual applicants as a legal change. Those experiencing this shift in filing eligibility within a single month for the first time often express confusion, but the Visa Bulletin has always operated in this manner, and the choice of chart falls within USCIS's discretion.
The practical reason behind the Immigration Service changing its chart selection is to control the supply and demand of visa numbers within the fiscal year. The unprecedented eight-month leap forward for EB-3 (Other Countries) in the April Bulletin, from October 1, 2023, to June 1, 2024, is a rare speed seen mid-fiscal year. If applications continue to pile up at this rate, there's a risk of exceeding the FY2026 limit, and to manage this, the Immigration Service slowed down the pace starting in May. While this decision may be difficult for applicants to understand, it is clearly one of the official mechanisms to maintain the overall allocation volume.
◆ EB-2 India/China and the Mathematics of Waiting
“For the one who waits, a calendar is measured in thickness.”
The EB-2 Final Action Dates in the May Visa Bulletin are listed as September 1, 2021, for China and July 15, 2014, for India. These are the same figures as in April. What's noteworthy here is that for India's EB-2, the April Dates for Filing were January 15, 2015. In April, applications were accepted if the priority date was before January 15, 2015; however, in May, the priority date must be before July 15, 2014, for an application to be accepted. This is effectively a rollback of about six months solely through chart changes.
EB-3 Final Action Dates have been confirmed as China June 15, 2021, India November 15, 2013, Philippines August 1, 2023, and All Other Countries June 1, 2024. EB-3 for India is now stalled at November 2013, making it difficult to see the end of a queue that has been delayed for over 10 years. While cases classified under India or China among Korean applicants are rare, some may fall into these categories due to multinational family compositions or the spouse's country of birth. In such cases, downgrading from EB-2 to EB-3 is being discussed among some Indian applicants, but given that both categories are experiencing long delays, the practical benefit of this choice varies significantly on a case-by-case basis. The Department of State explicitly warned in the May bulletin notes that further retrogression may be necessary for the remainder of the fiscal year. Meanwhile, the DV-2026 lottery green card program is operating with an annual limit of approximately 52,000 spots, reflecting deductions under NACARA and the National Defense Authorization Act for Fiscal Year 2024, and these spots will also expire on September 30. As the end of the fiscal year approaches, schedules are proving to be a larger variable than numbers.
◆ Those who applied in April, those who waited for May
“Even if you go through the same season, if the starting points are different, the destinations will be different.”
Even within the same office, applicants who completed their submissions at the end of April are in a different situation than those who planned to submit at the beginning of May. Applicants who filed their I-485 in April are now waiting for their receipt notice and can concurrently file for Employment Authorization Documents (EAD) and Advance Parole. Even if their priority date has not yet reached the Final Action Dates, the I-485 itself, once filed, is not affected and will be placed in the adjudication queue. For families with children approaching the age of 21, the filing date directly impacts the calculation for the Child Status Protection Act, making an April filing crucial for child protection in some cases.
On the other hand, EB-3 applicants from other countries who postponed their filing to May and have a priority date after June 1, 2024, will not be able to file until a new USCIS notice is issued. While the green card itself is not canceled, associated schedules such as immigration status, spouse's employment plans, and children's age calculations will need to be rescheduled in a domino effect. In particular, applicants whose F-1 OPT is nearing expiration or those whose H-1B 6-year limit is approaching must also review options for extending their non-immigrant status. For a 3-year extension of H-1B, the approval of the I-140 and the status of not having received a visa number by country are prerequisites, so this must be prepared with a logic separate from the I-485 filing date. This structure, where the monthly published Visa Bulletin, rather than court rulings or executive orders, dictates an individual's timeline, is a long-standing and most challenging aspect of U.S. employment-based immigration. This is also why employers must manage the PERM filing date, I-140 processing speed, and I-485 filing eligibility separately.
In the case of children, particularly careful calculations are needed. The Child Status Protection Act determines whether a child has reached the age of 21 based on their ‘adjusted age,' which subtracts the waiting period for the I-140. Therefore, even a delay of a few months in filing the I-485 can jeopardize a child's eligibility to accompany their parent. Recently, the immigration agency also reverted the CSPA calculation standard from Dates for Filing back to Final Action Dates, and the chart switch in mid-fiscal year 2026 adds another variable to this calculation. It is practically necessary to reconfirm age-out eligibility by considering each child's birthdate, priority date, and I-140 approval date for every household.
Closing remarks
With the May Visa Bulletin approaching, questions generally narrow down to three main areas: what to prepare if you already filed in April, what alternatives exist if May filings are blocked, and how the situation might unfold by the end of the year. For the first scenario, it is practical to focus on EAD/AP applications, medical examinations, and organizing additional supporting documents. For the second scenario, it is realistic to monitor the monthly Visa Bulletins from June onwards while simultaneously reviewing plans to extend or change your current non-immigrant status. No one can definitively answer the third question. However, the State Department's public warning that the fiscal year 2026 visa numbers are rapidly entering a depletion phase is clear. The so-called ‘fiscal year-end shock," where cutoff dates move drastically in September, the last month of the fiscal year, is a phenomenon that has repeated in the past, and preparations should take this into account this year as well.
The employment-based green card is not a one-time decision, but a multi-year timetable. While monthly changes in the Visa Bulletin often shake up the entire plan, the changes themselves do not alter an applicant's qualifications. The approach of separately examining priority dates, beneficiary categories, family composition, and the possibility of extending one's status is ultimately the most sustainable. A calm demeanor, rather than impatience, to organize records and keep options open, forms the basis for a clear-eyed reading of the next bulletin. This experience, where the opening in April was followed by a tightening in May, will also serve as a reference for reading the remainder of the fiscal year. The fact that applicants who prepared the same documents at the same time can have different outcomes due to a one-month difference in filing dates serves as a reminder that time management is as crucial an axis in immigration practice as document preparation.
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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