February 2026 Visa Bulletin: Your Complete EB Status Guide

February 2026 Visa Bulletin: Your Complete EB Status Guide

The State Department has released the February 2026 Visa Bulletin, bringing crucial updates for thousands of individuals seeking permanent residency through employment-based (EB) adjustment of status applications. Understanding these updates, especially USCIS's decision to use the Dates for Filing chart, is essential for anyone on their immigration journey. This guide from Vasquez Law Firm will break down the complexities, explain what these changes mean for your application, and provide actionable steps to navigate the process effectively in 2026. Whether you are in Raleigh, elsewhere in North Carolina, Florida, or across the nation, staying informed is your first step towards success.

Understanding the February 2026 Visa Bulletin and USCIS Charts

The U.S. Department of State issues the Visa Bulletin monthly to inform prospective immigrants about visa availability. It lists the "priority dates" that are current for various visa categories and countries of chargeability. For February 2026, the State Department has released the February 2026 Visa Bulletin, a critical resource for anyone pursuing lawful permanent residency.

A key aspect of the Visa Bulletin is its two charts: Dates for Filing and Final Action Dates. The Dates for Filing chart generally indicates when applicants can submit their adjustment of status applications, even if a visa is not immediately available. The Final Action Dates chart, on the other hand, shows when a visa number is actually available for issuance. USCIS, in coordination with the Department of State, determines which chart to use for employment-based (EB) adjustment of status applications each month.

For February 2026, USCIS has announced it is using the Dates for Filing chart for employment-based (EB) adjustment of status applications. This decision is significant because it often allows individuals to file their Form I-485, Application to Register Permanent Residence or Adjust Status, earlier than they would if the Final Action Dates chart were in effect. Filing earlier can provide benefits such as obtaining employment authorization and advance parole while the application is pending. This makes understanding the February 2026 Visa Bulletin predictions and how your priority date aligns with the charts absolutely vital.

For many, this means a window of opportunity to advance their immigration process. However, the specific dates vary significantly by visa category (EB-1, EB-2, EB-3, EB-4, EB-5) and by country of origin, particularly for countries with high demand like China and India. It is crucial to review the detailed charts provided by the State Department to determine your specific eligibility. The complexity of these charts often necessitates the guidance of an experienced immigration attorney to ensure accurate interpretation and timely filing. For official information, always refer to the U.S. Department of State's Visa Bulletin.

Navigating Employment-Based (EB) Adjustment of Status in 2026

Employment-based adjustment of status is the process by which eligible foreign nationals already present in the United States can apply for lawful permanent resident status (a Green Card) based on an approved employment-based immigrant petition. In 2026, this pathway remains a primary route for many skilled workers, professionals, and investors seeking to make the U.S. their permanent home. The process involves several key stages, beginning with an employer filing an immigrant petition on behalf of the applicant.

Eligibility for EB adjustment typically requires a valid nonimmigrant status, an approved Form I-140, Immigrant Petition for Alien Worker (or I-360 for certain special immigrants), and an available visa number according to the current Visa Bulletin. Your "priority date" is established when your immigrant petition (usually Form I-140) is properly filed. This date determines your place in the visa queue. When your priority date becomes "current" on the Visa Bulletin's applicable chart (in this case, the Dates for Filing chart for February 2026), you can then move forward with filing your Form I-485.

The employment-based adjustment of status process can be intricate, with specific requirements for each EB category. For instance, EB-1 is for priority workers, EB-2 for professionals with advanced degrees or exceptional ability, and EB-3 for skilled workers, professionals, and other workers. Each category has different backlogs and priority date movements. Understanding which category applies to you and how your priority date impacts your timeline is crucial. Our firm helps clients in Raleigh, across North Carolina, Florida, and nationwide navigate these complex requirements, ensuring they meet all criteria for their immigration services.

USCIS processing times for employment-based adjustment of status can vary significantly. Factors such as the service center handling your application, the completeness of your submitted documents, and current caseloads all play a role. It is not uncommon for the process to take several months or even longer, underscoring the importance of meticulous preparation and timely responses to any requests for evidence. Staying informed about your current priority date for Green Card applications and general Visa Bulletin 2026 predictions will help manage expectations.

Key Steps for Your EB Adjustment of Status Application

1. Approved Immigrant Petition: Ensure your employer has filed and USCIS has approved your Form I-140 (or equivalent).
2. Monitor the Visa Bulletin: Regularly check the State Department's Visa Bulletin, specifically the February 2026 Visa Bulletin, to see if your priority date is current under the Dates for Filing chart for your EB category and country.
3. Prepare Form I-485: Gather all necessary documents, including birth certificates, marriage certificates, medical examination results, and any required affidavits.
4. File Concurrent Applications: Consider filing Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document, also known as Advance Parole) concurrently with your I-485.
5. Attend Biometrics Appointment: You will receive a notice for a biometrics appointment to provide fingerprints and photos.
6. Interview (if required): Not all adjustment of status applicants are required to attend an interview, but be prepared if one is scheduled.
7. Decision: USCIS will issue a decision on your I-485 application.

Analyzing the Dates for Filing Chart: What It Means for You

The State Department's February 2026 Visa Bulletin specifies that USCIS is using the "Dates for Filing" chart for employment-based categories. This is a critical distinction. The Dates for Filing chart generally moves more quickly than the Final Action Dates chart, offering an earlier window for applicants to submit their Form I-485. This means that even if a Green Card is not immediately available, you might still be able to file your adjustment of status application, initiate the processing, and potentially obtain work authorization and travel parole.

For example, if the Final Action Date for your EB-3 category for India is December 1, 2012, but the Dates for Filing chart shows January 1, 2015, and USCIS announces it is accepting filings based on the Dates for Filing chart, you could potentially file your I-485 application three years earlier. This significantly impacts an applicant's ability to work and travel while awaiting their Green Card. It's important to remember that while you can file, your Green Card will not be issued until your priority date becomes current under the Final Action Dates chart.

Applicants must meticulously check their specific EB category and country of chargeability against the February 2026 Visa Bulletin's Dates for Filing chart. Any misinterpretation could lead to a rejected application or a missed opportunity. For instance, the Visa Bulletin January 2026 predictions might have shown different movements, highlighting the month-to-month variability. Categories like EB-2 and EB-3 for certain countries often experience significant backlogs and fluctuations, making careful monitoring essential. Staying informed about the Visa Bulletin March 2026 predictions can also help you anticipate future movements.

If your priority date is current under the Dates for Filing chart for February 2026, it is advisable to act swiftly. Prepare all necessary documentation and file your Form I-485 as soon as possible. Delays can mean missing a window of opportunity, especially if the dates retrogress in subsequent months. The impact of government shutdowns on immigration processing further emphasizes the importance of timely filing when a window opens. Consulting with an attorney is highly recommended to ensure all forms are completed accurately and all supporting evidence is included, minimizing the risk of delays or denials.