The FP Visa Bulletin for June: Final Action Chart and an Employer’s Immigration Action Plan

The FP Visa Bulletin for June: Final Action Chart and an Employer’s Immigration Action Plan 

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This Insight reviews June’s release to help employers determine whether and when you should provide corresponding notifications to any of your foreign-national employees to assist with their efforts. You’ll also find a specific action plan so you can adapt your immigration strategy given this month’s information. If you want to ensure you follow compliant processes to address your critical workforce needs in a timely manner, read on.

June Dates: An Overview

The Visa Bulletin includes a list of dates informing overseas immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to move forward with the consular stamping process. These dates are also used to determine eligibility for Adjustment of Status to Lawful Permanent Residence with U.S. Citizenship and Immigration Services (USCIS) for applicants who are already physically present in the US.

USCIS announced that it will follow the State Department’s Final Action chart, published in the June Visa Bulletin, to determine whether candidates are eligible to submit an employment-based Adjustment of Status application for that month. To determine potential eligibility for filing of an employment-based Adjustment of Status application, dates that appear in this chart must be compared with an employee’s immigration priority date, as shown on their earliest available I-797 Notice of Action (Receipt Notice) issued by USCIS for any EB-1, EB-2, or EB-3 (I-140) Immigrant Petition filed on their behalf by a sponsoring employer.

The June 2026 Visa Bulletin introduces notable retrogression for Indian nationals, with the EB-1 Final Action Date moving back approximately 15 weeks to December 15, 2022, and the EB-2 Final Action Date retrogressing roughly 45 weeks to September 1, 2013. Indian EB-3, however, advances modestly by about four weeks to December 15, 2013.

Chinese nationals see no movement in EB-1 or EB-2, but the EB-3 Final Action Date advances approximately six weeks to August 1, 2021, and Chinese Other Workers advances about two months to April 1, 2019. All other chargeability areas remain unchanged across EB-1 (current), EB-2 (current), and EB-3 (June 1, 2024).

USCIS has confirmed it will use the Final Action Dates chart to determine eligibility for employment-based adjustment of status filings in June, meaning an application may only be filed for a candidate whose priority date is earlier than the listed cutoff date for their preference category and country of chargeability, or whose category is otherwise listed as current.

Movement in Employment-Based Preference Classes for June

Employers with foreign nationals who are currently eligible to file Adjustment of Status applications should re-evaluate filing prior to month end, particularly for Indian nationals, as there is significant retrogression in EB-1 and EB-2 India, while most other categories remain unchanged from May.

EB-1

• EB-1 remains current for All Chargeability Areas, Mexico, and Philippines
• EB-1 China remains unchanged with a priority date of April 1, 2023
• EB-1 India retrogresses four months with a priority date of December 15, 2022

EB-2

• EB-2 remains current for All Chargeability Areas, Mexico, and Philippines
• EB-2 China remains unchanged with a priority date of September 1, 2021
• EB-2 India retrogresses almost one year with a priority date of September 1, 2013

EB-3

• EB-3 All Chargeability Areas and Mexico remain unchanged with a priority date of June 1, 2024
• EB-3 China advances two months with a priority date of August 1, 2021
• EB-3 India advances one month with a priority date of December 15, 2013
• EB-3 Philippines remains unchanged with a priority date of August 1, 2023

Final Action Chart

The recently announced Final Action Chart for EB-1, EB-2 and EB-3 appear in the table below. Please note this table can always change, so check here for the most accurate and updated information before acting on these dates.

What Should You Do? Your Action Plan

For June, USCIS is using the “Final Action” chart in accepting new applications for Adjustment of Status to Lawful Permanent Residence. This means an application may be filed and processed for a candidate with an immigration priority date that is earlier than the listed cutoff date for their preference category and country of chargeability, or whose category is otherwise listed as current.

For Adjustment of Status cases that are already pending and were filed in a category that has since fallen behind in its cutoff date, USCIS will not continue adjudicating until the Final Action date has surpassed the individual immigration priority date or is otherwise deemed current. While overall processing may be delayed, a duly filed application will remain in good standing in the government’s queue, and USCIS will process related requests for EAD cards and Advanced Parole.

If you have employees who have priority dates that will be (or remain) current in June, you should reach out to your FP immigration attorney to prepare and submit their Adjustment of Status Application in June.

Conclusion

We will continue to monitor developments from immigration officials and provide similar guidance on a monthly basis. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information – including next month’s FP Visa Bulletin. If you have any questions, please contact your Fisher Phillips attorney, the author of this Insight, or any attorney in our Immigration Practice Group.