For EB-3 workers who are waiting to file Form I-485, a change between these charts can make a significant difference. A priority date that was eligible for filing under one chart may suddenly become ineligible under another. 

Understanding why this happens—and what it means for your immigration case—is therefore extremely important. 

 
USCIS explains that EB-3 is one of the employment-based immigrant classifications available to foreign workers seeking permanent residence in the United States. Depending on the case, the process may involve an employer-sponsored immigrant petition, a labor certification, Form I-140, and eventually an application for adjustment of status. 

For many workers already living in the United States, the final step is Form I-485, Application to Register Permanent Residence or Adjust Status. 

However, filing an I-485 is not simply a matter of having an approved I-140. The applicant must also have an immigrant visa number available under the applicable rules. 

That is where the Visa Bulletin becomes critical. 

 
The government has a limited number of employment-based immigrant visas each fiscal year. For FY 2026, the worldwide employment-based preference limit is 186,317 visas. There are also statutory per-country limitations and rules affecting how those numbers are allocated. 

USCIS and the Department of State therefore monitor how many applicants are waiting and how many visa numbers are expected to be used. 

If the government determines that there may not be enough available immigrant visas to accommodate additional applicants, it may require applicants to use the more restrictive Final Action Dates chart. 

USCIS explains that it will indicate on its adjustment-of-status filing chart page when applicants must use Final Action Dates. 

In other words, the switch is not necessarily a sign that an individual applicant did something wrong. 

It is usually a reflection of visa-number management. 

The category is divided among skilled workers, professionals, and other workers, and the number of visas available is limited by statute. 

The September 2026 Visa Bulletin illustrates how different the two charts can be. 

For September 2026, the EB-3 Final Action Date for applicants chargeable to most countries is September 1, 2024. For China it is January 1, 2022, India is January 1, 2014, and the Philippines is August 1, 2023. 

At the same time, the EB-3 Dates for Filing chart is significantly more favorable for several groups: it is listed as Current for most countries, January 8, 2022 for China, January 15, 2015 for India, and January 1, 2024 for the Philippines.
This difference can be enormous. 

An applicant may therefore see a priority date that appears eligible on one chart while remaining too recent under the Final Action Dates chart. 

 
When a Visa Bulletin category is marked “C,” or Current, it generally means visa numbers are available without a priority-date cutoff for that category.

But applicants filing adjustment of status with USCIS must first determine which chart USCIS has authorized for that month. 

The Department of State explicitly directs applicants to the USCIS website to determine whether the Dates for Filing chart may be used for adjustment-of-status applications. 

Therefore, simply looking at the Department of State's Visa Bulletin and seeing “Current” in the Dates for Filing column is not enough. 

The applicant must check the USCIS filing-chart determination. 

 
The Department of State explains that consular officers report documentarily qualified applicants, while USCIS reports adjustment-of-status applicants. The government then uses information about demand and priority dates to allocate available numbers. 

If demand is higher than expected, the government may need to slow the advancement of dates. 

If demand is lower than expected, dates may advance. 

This is why the Visa Bulletin can sometimes move forward and later move backward. 

That backward movement is known as retrogression. 

 
If USCIS authorizes the Dates for Filing chart, the applicant may be able to submit Form I-485, assuming all other eligibility requirements are satisfied. 

But if USCIS later requires the Final Action Dates chart, a newer applicant whose priority date falls after the Final Action cutoff may have to wait before filing. 

This is why timing matters. 

Applicants should not assume that a favorable filing chart will remain available indefinitely. 

 
          • An approved or concurrently filed Form I-140;
          • Maintenance of lawful status and adjustment-of-status eligibility;
          • Employment-based requirements;
          • Medical examination requirements;
          • Dependents and derivative beneficiaries;
          • Employment authorization;
          • Travel authorization;
          • Possible requests for evidence;
          • Immigration history and admissibility issues.

 
USCIS describes adjustment of status as the process through which an eligible person in the United States may apply to become a lawful permanent resident. 

Therefore, the Visa Bulletin is only one part of determining whether an applicant is ready to file. 

 
1. Confirm your priority date.
Your priority date determines your place in the immigrant-visa queue. 

2. Confirm your EB category.
EB-3 includes different classifications, and “Other Workers” has separate visa-number treatment. 

3. Check your country of chargeability.
Visa Bulletin dates can vary significantly depending on country. 

4. Review both charts.
Do not assume that the Dates for Filing chart is automatically available for I-485 filing. 

5. Check USCIS's monthly filing-chart decision.
USCIS determines whether adjustment-of-status applicants may use Dates for Filing or must use Final Action Dates. 

6. Prepare before your date becomes current.
Waiting until the last possible moment can create unnecessary stress and document delays. 

 
But the important point is that these changes are part of a larger numerical visa system. 

The Department of State explains that immigrant visa numbers are allocated according to statutory limits and that categories can become oversubscribed when demand exceeds available numbers. 

For September 2026, the Department also warns that additional demand can result in retrogression and that certain categories may become unavailable if annual, category, or per-country limits are reached. 

That uncertainty makes preparation especially valuable. 

 
USCIS does not make these chart decisions randomly. The agency coordinates with the Department of State and considers visa availability and projected demand. The system is designed to manage a limited number of immigrant visas while processing applicants who are eligible under the applicable rules. 

The practical lesson is simple: 

Don't wait until your priority date becomes current to start preparing. 

If you are an EB-3 worker, employer, or family member waiting for permanent residence, a careful review of your priority date, I-140 status, eligibility, and potential I-485 filing strategy can help you respond quickly when USCIS opens the door. 

Because Visa Bulletin rules and filing-chart determinations can change from month to month, applicants should consider consulting a qualified U.S. immigration attorney about their individual circumstances before filing. 

This article is for general informational purposes only and does not constitute legal advice. Immigration laws, regulations, policies, and visa availability can change. Individual eligibility depends on the facts and circumstances of each case.