USCIS has issued its August 2026 adjustment of status filing instructions, specifying which visa bulletin charts applicants must use to determine eligibility to file Form I-485. The rules differ by category: family-sponsored preference applicants must use the Dates for Filing chart, while employment-based preference applicants must use the Final Action Dates chart.
What changed
DOS publishes current immigrant visa availability information in a monthly Visa Bulletin, indicating when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. For August 2026, USCIS has determined that the chart-selection rule splits by visa category:
- Family-sponsored applicants: For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for August 2026.
- Employment-based applicants: Employment-based adjustment of status applicants must use the Final Action Dates chart when determining eligibility to file Form I-485.
Find your visa type in the first column of the appropriate chart and move to the right to find the corresponding date under your country of birth; if the date is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible.
Why it matters
This month’s guidance affects when you can file—a critical timing issue for practitioners managing caseloads. Using the wrong chart will either delay your filing unnecessarily (if you read the wrong date) or expose your client to rejection if you file before the correct threshold has been met.
Your priority date is generally when your relative or employer properly filed the immigrant visa petition with USCIS; if a labor certification is required, the priority date is the date the labor certification application was accepted for processing by the Department of Labor. Cross-reference your client’s priority date against the correct chart to avoid missed windows or premature filings.
The distinction also signals that DOS and USCIS continue to manage visa number availability tightly as the fiscal year approaches its end. Employment-based final action dates can move more conservatively than family-sponsored dates when visa demand remains high.
Way forward
- Locate the correct chart for your client’s category (family-sponsored or employment-based) in the August 2026 Visa Bulletin at travel.state.gov.
- Verify your client’s priority date by reviewing the USCIS receipt notice (I-797) or labor certification approval from DOL.
- Compare priority date to the applicable cutoff date in the correct chart for your client’s visa category and country of birth; if the priority date is earlier than (or on) the cutoff date, your client may file Form I-485.
- Check back monthly, since the agency’s filing instructions may change with each new visa bulletin publication.
Disclaimer
Fola Editorial is not a law firm and cannot provide legal advice. This article is for informational purposes only and is not a substitute for consultation with a licensed immigration attorney. Immigration policy can change without notice, and visa bulletin instructions are updated monthly. Always verify the specific rules and filing dates against the primary source linked above and the current USCIS guidance page before advising a client or filing an application.