In the October Visa Bulletin, EB-2 for "Rest of World," Mexico, and the Philippines moved from current to fixed cutoff dates:
• Dates for Filing: March 15, 2026
• Final Action: January 1, 2025

These dates can move again, in either direction.

USCIS is accepting employment-based adjustment filings under the Dates for Filing chart this month.

• Priority date before March 15, 2026: if you're in the U.S. and otherwise eligible to adjust, you can still file Form I-485 and apply for work authorization and advance parole. Approval waits until the Final Action Date passes your priority date.
• Priority date on or after March 15, 2026: you can't file your I-485 yet.
• Already filed while EB-2 was current: your I-485 stays pending, with work authorization and advance parole. If your priority date is on or after Jan. 1, 2025, approval waits until the Final Action Date moves past it.
• New EB-2 NIW petitions: the priority date is generally the filing date, so filing the I-140 and I 485 together isn't possible for now, unless you can keep an earlier priority date from an approved I-140.

EB-1 remains current for Rest of World on both charts, so an EB-1A or EB-1B petition can still be filed together with an I-485. Pursuing EB-1 doesn't require abandoning EB-2, and many applicants keep both in play.

The bar is different, though.

• An NIW requires an advanced degree or exceptional ability, work of substantial merit and national importance, being well positioned to advance it, and a showing that waiving the job offer and labor certification benefits the U.S.
• EB-1A requires sustained national or international acclaim and a showing that you're among the small percentage at the top of your field.
• EB-1B requires international recognition as an outstanding researcher, at least three years of research or teaching experience, and a qualifying permanent job offer.
Many strong NIW candidates won't meet the EB-1 standards. And since Aug. 5, USCIS may deny a petition that doesn't establish eligibility when filed, without first issuing an RFE.

1. Check your priority date against both charts, not just one.
2. If your priority date is before March 15, 2026 and you're ready to file, don't wait. USCIS decides month by month which chart applies. It required the Final Action chart for employment-based filings as recently as September.
3. If you're weighing EB-1, get an honest assessment of your record before you file.
4. If you're on H-1B and approaching the six-year limit, review your extension options now. Some of them depend on why a visa number isn't available.

A category that has been current for months can start to feel permanent. October is a reminder that it isn't.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***