Your Date Is Current, Now What? A Five-Year Look at EB-1 and NIW Priority Dates

October 2026 opened a new fiscal year and a new filing opportunity for employment-based green card applicants.

For applicants born in mainland China, the EB-1 Dates for Filing advanced to July 1, 2024, and the EB-2 Dates for Filing advanced to January 1, 2023. People whose priority dates are earlier than those dates, and who meet the other requirements for adjustment of status, can file the I-485 in October.

Once the window opens, how far away is the green card? Looking back at five years of the visa bulletin alongside this October's numbers makes it easier to plan the next step.

I. October at a glance

This month's main movement is in the Dates for Filing chart: EB-1 advanced seven months and EB-2 advanced a full year, bringing more applicants within reach. The Final Action Dates moved more slowly: EB-1 held at July 1, 2023, and EB-2 advanced one month to October 1, 2021.

The two charts serve different stages. The Dates for Filing chart tells you whether you can file the I-485 this month. The Final Action Dates chart governs whether a visa number is available when the case is approved. After filing this month under the Dates for Filing chart, final approval still requires that the Final Action Date reach your priority date, that a number be available, and that the case pass review.

For example, an EB-1 applicant with a priority date of March 15, 2024, is earlier than October's Dates for Filing cutoff and can file this month, but approval must wait for the Final Action Date to advance. An NIW applicant with a priority date of June 15, 2022, is in the same position.

To check, find the priority date on your I-797 notice and confirm your country of chargeability. Chargeability usually follows place of birth, though situations such as cross-chargeability through a spouse need separate analysis. Your priority date must be earlier than the cutoff. A priority date that falls exactly on the cutoff has to wait for further movement. Applicants abroad prepare according to National Visa Center notices and consular processing.

II. Five years in review: how each year opened and how it moved

A new fiscal year and a new allocation of visa numbers begins every October 1. The tables below compare the Final Action Dates for applicants born in mainland China in the September before each fiscal year, and in that year's October and November, adding the newest data from October 2026, the first month of FY2027. "Advance" is the number of calendar days the cutoff moved. Individual waiting time also depends on the priority date, future demand, and the supply of visa numbers.

EB-1: past movement varied widely, and this year opens with a filing opportunity

EB-1 was current at the start of both FY2022 and FY2023. In the first two months of FY2024 through FY2026 it advanced a net 14, 7, and 37 days, and over each full year a net 273, 14, and 228 days. Full-year changes compare the Final Action Date in the prior September with the one in September of the fiscal year.

How far dates move at the start of a year reflects only the allocation at that point. The pace over the year has to be watched month by month. FY2024 moved substantially later in the year, while FY2025 moved very little, a sharp difference between neighboring years.

In October 2026, the EB-1 Final Action Date held steady while the Dates for Filing advanced seven months. For people who just became eligible to file, the priority is checking eligibility and preparing the filing. Those who have already filed should watch the Final Action Date and their case notices.

EB-2: dates keep moving later in the year, so NIW applicants should watch both charts

In FY2025, the EB-2 Final Action Date advanced a net 21 days in the first two months and 289 days over the year. In FY2026, it advanced 107 days in the first two months and 260 days over the year. The two years started at different speeds, but both kept moving in later months.

This October, the EB-2 Final Action Date advanced one month and the Dates for Filing advanced a year. For NIW applicants, the immediate benefit is a wider range of priority dates that can file the I-485. The pace of approvals still follows the Final Action Date and case processing. Applicants who are current under the Dates for Filing should file the I-485 promptly, together with applications for an EAD and advance parole.

The State Department adjusts the visa bulletin monthly based on demand and number usage. Cutoffs can advance, stall, or even retrogress, so individual approval timing has to be followed month by month.

III. Seize the October window, and prepare the I-485 under the new rules

The key to filing in October is having eligibility under the visa bulletin, the correct forms, and the evidence all in place at once. The I-485 form and evidence review rules changed this year, which makes a complete initial filing especially important.

The September edition of the I-485 applies to October filings

USCIS has made clear that from September 18, 2026, based on the postmark or electronic filing date, the I-485 must be filed on the 09/18/26 edition, with no grace period for older editions. Anyone filing in October should double-check the form edition.

The new edition accompanies the new public charge rule, which took effect on September 18 and applies to adjustment applications postmarked or electronically filed on or after that date. For applicants subject to the review, USCIS will consider age, health, family status, assets and finances, and education and skills in assessing the ability to support oneself in the future with one's own and related resources.

For employment-based applicants, income, assets, family circumstances, and related records need to be reported accurately and consistently, in addition to education and work achievements. Anyone with a history of receiving public benefits should check the type of benefit, when it was received, and the applicable rules individually.

The August evidence policy: get the initial filing right

On August 5, 2026, USCIS updated its policy on evidence, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs), effective immediately for pending applications and those filed afterward. Where required initial evidence is missing or the record does not establish eligibility, USCIS may deny the application outright. Whether it issues an RFE or NOID depends on the specific facts and applicable rules. When racing to file in October, the completeness and accuracy of key documents in the initial filing matter more than ever.

IV. Planning your next step

Current under October's Dates for Filing: prepare to file first

Gather your I-140 receipt or approval notice, passport, I-94, past status documents, and travel records to confirm your priority date and eligibility to adjust status in the U.S. Then prepare the documents, medical exam, signatures, and fees required by the new form edition. Plan ahead for when to file the EAD (I-765) and advance parole (I-131) applications, so that work needs and travel abroad and back can be arranged.

Already filed the I-485: follow the Final Action Date and case notices

If you have already filed, watch the Final Action Date each month. Your case can move to approval only when your priority date is earlier than the cutoff and a number is available. If your marriage or family situation changes while the case is pending, check with your attorney promptly about whether additional documents are needed. I-485s filed before September 18 continue to be reviewed under the 2022 public charge rule.

Not yet eligible to file: prepare early and evaluate your options

People who already have an NIW case and have built significant achievements in recent years can evaluate whether an EB-1A is feasible. Those who have not yet started can begin by organizing their background and achievements. The priority date for EB-1A and NIW cases is generally the date USCIS receives the I-140, so timing the filing well helps secure a place in line as early as possible.

If you plan to apply for EB-1 or NIW, please contact our team for a thorough professional assessment.

This article is for general legal information only and is not legal advice for any individual case. Visa bulletin dates and chart usage change monthly, and any application is subject to the official rules in effect at the time and the facts of the case.