What the Visa Bulletin’s Date of Filing Really Means for Employment-Based Green Card Applicants
If you’ve been waiting years for your employment-based green card, you’ve probably felt the whiplash of checking the monthly Visa Bulletin, that mix of cautious hope and inevitable disappointment. So when the EB-2 (Employment-Based Second Preference) category shows up as “current,” it’s natural to feel a surge of excitement. Maybe this is finally it. Maybe your green card is right around the corner.
Not so fast.
The reality of what “current” means in the context of the Visa Bulletin is nuanced, layered, and, if you’re not careful, easy to misread. Let’s break it down clearly so you understand exactly where you stand, what you can do right now, and what you should absolutely not do.
How the Visa Bulletin Actually Works
The U.S. Department of State publishes the Visa Bulletin every month. It’s essentially a roadmap showing how far along the line the government is in processing green cards across different visa categories, family-based, employment-based, and the diversity visa lottery.
For the employment-based section, there are two important charts to pay attention to:
Chart A, Final Action Dates: This is the threshold that matters most. Your priority date (the date your immigration case officially began, usually when your employer filed your labor certification or I-140 petition) must be earlier than the Final Action Date for your category and country of birth. When it is, USCIS is actually authorized to approve and issue your green card.
Chart B, Dates for Filing: This chart shows whether you’re allowed to file for adjustment of status, meaning you can submit your green card application paperwork (if USCIS permits it), even if your case isn’t yet eligible to be approved.
Here’s the critical distinction: being eligible to file is not the same as being eligible to receive your green card. These are two entirely separate milestones.
What “Current” Means Right Now
As of late February and heading into March 2026, the EB-2 category is showing as current in the Dates for Filing chart. This is significant, but again, it doesn’t mean green cards are being issued.
What it does mean, if USCIS chooses to honor the filing chart (and they can change their mind month to month), is that eligible applicants can concurrently file their I-485 Adjustment of Status application along with their I-140 immigrant petition. If your I-140 is already approved or pending, you may be able to submit your I-485.
This also means you can simultaneously file for an Employment Authorization Document (EAD) and Advance Parole (AP) travel authorization, benefits that can meaningfully improve your day-to-day life while you wait for the final green card approval.
That said, if you are from India or China, the picture is different. These countries have historically long backlogs due to per-country caps, and even with some forward movement in the dates, the backlog remains significant. The filing chart becoming current for EB-2 is most immediately impactful for applicants born in countries without those historic backlogs, people from Japan, Brazil, South Korea, and many others who may have been caught in a secondary wave of delays.
Why This Happened, And Why It’s Bittersweet
The reason EB-2 has opened up in the filing chart is largely that other countries and categories are experiencing severe bottlenecks due to case bans and pauses. When demand in certain categories drops or stalls, it creates artificial breathing room elsewhere. It’s not a sign that the system is working smoothly; in many ways, it’s a symptom of just how badly backlogged and uneven the employment-based immigration system has become.
For those who have been stuck for years, especially applicants from oversubscribed countries still waiting on Final Action Dates, this moment of openness feels bittersweet. The queue is moving, but for many, the finish line is still years away.
Maintain Your Underlying Visa Status. This Cannot Be Overstated
One of the most important things to understand right now: filing an EB-2 I-485 does not permit you to let your current visa status lapse.
Even if you submit your adjustment of status application, you are still expected, and strongly advised, to maintain your underlying visa status. Whether you’re on an F-1 student visa, an H-1B work visa, an L-1 intracompany transfer visa, or another status, keep it active and keep it valid.
Here’s why this matters urgently in today’s climate: immigration enforcement has intensified. ICE retains the authority to detain individuals who are out of status, even if they have a pending I-485. A pending adjustment of status application is not a guarantee of protection from removal proceedings. It is not a shield. It is a pending application, and pending means nothing is finalized yet.
Staying in a valid status protects you. It gives your case a stronger foundation. And it gives you legal standing that a lapsed visa simply cannot provide.
Get Your Own Immigration Lawyer
If your green card case is being handled entirely by your employer’s immigration attorney, you need to understand something: that lawyer’s primary client is your employer, not you.
This isn’t a criticism of employer-based immigration attorneys. It’s simply the reality of who they represent. When you have questions about your individual situation, your timeline, your options, your I-485J portability rights, changing jobs after 180 days of your I-485 being pending, or how to handle a gap in your record, your employer’s attorney may not have the bandwidth or the incentive to walk you through all of that in detail.
Getting your own immigration attorney, one who works for you, is one of the most important investments you can make in your immigration journey. They can review your file, identify potential vulnerabilities, and make sure you’re prepared, not just reactive.
What You Need to Have Ready
If you’re potentially eligible to file for adjustment of status now or in the near future, here’s what you’ll want to have in order:
Your I-693 medical examination, completed by a USCIS-designated civil surgeon, is required and must be current. Birth certificates, yours and any dependents’, need to be gathered, with certified translations if they’re not in English. Your passport must be valid. If you’ve traveled internationally, you’ll need records of your entries and exits from the United States. And if you’re married or have children who are also seeking green cards, their paperwork needs to be in order, too.
Beyond the documents, understand your rights around job portability. Under AC21 (the American Competitiveness in the 21st Century Act), once your I-485 has been pending for 180 days or more, you may be able to change jobs or employers as long as the new position is in the same or a similar occupational classification. This is a meaningful protection, but using it requires careful navigation, and this is exactly the kind of situation where having your own lawyer pays off.
The Bottom Line
EB-2 being current in the Dates for Filing chart is a real opportunity, particularly for applicants from countries outside the major backlog nations who have been waiting for this window. If you’re eligible, now is the time to take stock of your situation, consult with an immigration attorney of your own, and get your paperwork ready.
But go in with clear eyes. “Current” does not mean “approved.” It means the door is open to file, and filing is just the beginning of the next phase of a long process. Protect your visa status. Gather your documents. Get professional guidance tailored to your specific case.
The immigration system is complex, sometimes contradictory, and always subject to change. The best thing you can do is be prepared, be informed, and work with people who are firmly in your corner.
This article is for general informational purposes only and does not constitute legal advice. Immigration law is highly fact-specific. Please consult a licensed immigration attorney regarding your individual circumstances.
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