Updated November 12, 2026

EB-3 Visa Bulletin: how to read priority dates, filing charts and retrogression

The EB-3 Visa Bulletin is the monthly Department of State guide showing when skilled workers, professionals, and other workers can apply for and receive a green card. USCIS states that Congress sets a baseline limit of 140,000 employment-based preference visas per year. For November 2026, USCIS directs all employment-based categories inside the United States to use the Dates for Filing chart to determine Form I-485 eligibility. A visa is available when your priority date is earlier than the cut-off date listed for your EB-3 subcategory and country of birth, or when the chart shows C for Current.

How to read the Visa Bulletin for EB-3 in November 2026

When you check the Visa Bulletin for EB-3 each month, you match three facts from your case: your EB-3 subcategory, your country of chargeability (usually your country of birth), and your priority date. The Department of State publishes two employment-based charts each month, and USCIS announces within one week of publication which chart applicants inside the United States must use to file Form I-485, Application to Register Permanent Residence or Adjust Status.

Unless USCIS states otherwise on its Adjustment of Status Filing Charts webpage, you must use the Application Final Action Dates chart. When USCIS determines more immigrant visas are available for the fiscal year than there are known applicants, it authorizes the Dates for Filing chart instead. As of November 2, 2026, USCIS requires all employment-based preference categories to use the Dates for Filing chart for November 2026. If your category is Current on Final Action Dates, or if the Final Action Dates cut-off is later than the Dates for Filing cut-off, you may file using Final Action Dates that month.

A visa is available only when your priority date is earlier than the cut-off date shown, not on the exact cut-off date itself. USCIS illustrates this with a cut-off date of December 15, 2007, which covers only priority dates earlier than December 15, 2007. You can also hear the Department of State's recorded cut-off dates at 202-663-1541, updated around the middle of each month with the next month's dates.

How the two EB-3 Visa Bulletin charts and status codes work under USCIS and Department of State rules

The three EB-3 subcategories and how your priority date is set

The Visa Bulletin divides EB-3 into two rows: one combined row for Skilled Workers and Professionals, and a separate row for Other Workers (also called EW or unskilled workers). Checking the right row matters because USCIS notes that high demand in the EW row creates a long wait even for applicants born outside India and China.

Your priority date appears on Form I-797, Notice of Action. When your job requires a Department of Labor permanent labor certification (Form ETA-9089, or a Final Determination in the FLAG system for filings on or after June 1, 2023), your priority date is the date the Department of Labor accepts the application for processing. Your employer must file Form I-140 with USCIS within 180 days of the labor certification approval date, or the certification expires. Executive Order 14286 (April 28, 2025) and Department of Labor guidance effective June 15, 2026 set English rules for commercial motor vehicle operators. When a labor certification for those drivers includes an English standard, the EB-3 petition must generally include proof of English proficiency. USCIS generally accepts a visa issued after June 15, 2026 for those roles as proof.

Schedule A occupations do not need a Department of Labor certification approval because the agency has already found a shortage of US workers in two groups. Group I covers professional nurses and physical therapists. Group II covers workers with exceptional ability in the sciences, arts, or performing arts, including college and university teachers. Schedule A petitions include an uncertified Form ETA-9089 with a prevailing wage tracking number, and the priority date is the date USCIS accepts Form I-140 for processing. Filing Form I-907, Request for Premium Processing Service, speeds up Form I-140 review, which USCIS expanded to all Form I-140 filers, and never gives you an earlier priority date or faster Visa Bulletin movement.

EB-3 subcategories and priority date rules from USCIS guidance

Why EB-3 backlogs form: annual caps, the 7% rule and fall-down visas

Congress caps employment-based preference visas at a baseline of 140,000 per fiscal year and family-sponsored preference visas at 226,000 per year. Under INA 201(d)(2), unused family-sponsored numbers from the previous fiscal year roll into the next year's employment-based limit. That carryover raised the employment-based cap to 281,507 in FY 2022, 197,091 in FY 2023, and 160,791 in FY 2024, before returning toward the 140,000 baseline as family numbers are fully used.

Under INA 202(a)(2), no single country of birth may receive more than 7% of the combined family-sponsored and employment-based annual total. Four countries exceed that ceiling and have separate Visa Bulletin columns: China, India, Mexico, and the Philippines. In USCIS's FY 2023 example, 197,091 employment visas plus 226,000 family visas totaled 423,091 visas, setting a 7% cap of 29,616 combined visas per country. By our calculation from USCIS's Employment-Based Adjustment of Status FAQs, in a 140,000 employment and 226,000 family baseline year (366,000 combined), the 7% ceiling drops to 25,620 combined visas per country, or 3,996 fewer visas per oversubscribed country than in FY 2023.

Two statutory rules control how numbers flow during the year. Under INA 201(a)(2), agencies may use at most 27% of the worldwide annual employment-based limit in each of the first 3 quarters across all employment categories combined, with no separate quarterly batches for individual countries or categories. Under INA 202(a)(5)(A), the 7% country cap lifts in a category for a quarter only if available visas exceed worldwide demand, which does not happen when EB-3 has a worldwide Final Action Date. Under INA 203(b), visas not required in EB-4 and unreserved EB-5 flow up to EB-1, unused EB-1 visas flow down to EB-2, and unused EB-2 visas flow down to EB-3, while unused EB-3 visas never flow to another category.

To see how many pending USCIS green card cases sit ahead of your date, check USCIS's inventory report, Form I-485 Pending Applications for Employment-Based Preference Categories. Select your country of chargeability, find EB-3 or Other Workers, and read the totals with earlier priority dates. That report excludes consular cases at the Department of State and workers still at the labor certification or Form I-140 stage.

EB-3 visa retrogression: pending I-485, EAD, H-1B and portability

Visa retrogression happens when a cut-off date moves backward to an earlier month or becomes U. Under INA 203(g), the Department of State sets Final Action Dates using estimates of demand, family derivatives, and category transfers, pulling dates back when visa use nears annual category or 7% country limits toward the end of the fiscal year on September 30. When the new fiscal year opens on October 1, fresh visa numbers usually, though not always, return cut-off dates to where they stood before retrogression.

Retrogression has no effect on existing permanent residents and never erases your priority date or place in line. Because a visa must be available at both filing and final decision, USCIS holds retrogressed Form I-485 cases in abeyance at the Service Center (if no interview is needed) or at the National Benefits Center after any required interview. A visa number is subtracted from the annual cap only upon final Form I-485 approval or consular visa issuance. If 30 days pass after your priority date becomes current again under Final Action Dates with no update, call USCIS at 800-375-5283 (TTY 800-767-1833), and report any move to USCIS within 10 days.

• Authorized stay: a properly filed, pending Form I-485 keeps you in a period of authorized stay so you do not accrue unlawful presence.
• Up to 5-year EAD and Advance Parole: since September 27, 2023, pending Form I-485 applicants can obtain open-market Form I-765 work permits and Form I-131 Advance Parole travel documents in increments of up to 5 years. Leaving the US without Advance Parole generally abandons your Form I-485 unless you meet an exception in the form instructions.
• Automatic biometrics refresh: background checks are valid for 15 months, and USCIS refreshes them automatically using stored biometrics without a new appointment.
• 180-day job portability (INA 204(j)): once Form I-485 is pending 180 days or more, you can port to a new job or employer in the same or a similar occupational classification using Form I-485 Supplement J. Retrogression, an RFE, a Notice of Intent to Deny, or an interview notice never resets the 180-day clock.
• H-1B extensions past 6 years: under AC21 section 104(c) and 8 CFR 214.2(h)(13)(iii)(E), workers who hold or held H-1B status with an approved EB-3 petition blocked by the 7% per-country cap may extend H-1B status in increments of up to 3 years.

Monthly checklist when the EB-3 bulletin drops

Run through this six-step checklist written by our team around the middle of each month when the new Visa Bulletin is released.

• Verify your priority date and row: check Form I-797 and confirm whether your petition is Skilled Worker/Professional or Other Workers (EW).
• Protect the 180-day I-140 window: make sure Form I-140 reaches USCIS within 180 days of Department of Labor labor certification approval.
• Check country chargeability: review your country of birth and check whether your spouse's country of birth allows cross-chargeability under INA 202(b).
• Confirm USCIS's monthly chart: check USCIS's Adjustment of Status Filing Charts webpage within a week of the bulletin release.
• Time your delivery: USCIS determines visa availability for intake using the chart for the month your packet arrives at the designated filing location, and requires Form I-693 with Form I-485 when applicable.
• Compare EB-2 and EB-3: if you hold petitions in both categories and the other category is current on Final Action Dates, consider a written transfer of underlying basis.

Worked example: checking an EB-3 priority date

Worked case example (invented by our team): Priya was born in India and works in Texas on H-1B status in an EB-3 Professional role requiring a bachelor's degree. The Department of Labor accepted her Form ETA-9089 on May 10, 2021 and approved it on June 1, 2022, and her employer filed Form I-140 within 180 days, preserving her May 10, 2021 priority date on Form I-797. For November 2026, USCIS designated the Dates for Filing chart for employment-based filings. If India EB-3 on Dates for Filing is later than May 10, 2021, Priya may file Form I-485 in November (with Form I-693 and Supplement J), though USCIS cannot approve her green card until India EB-3 on Final Action Dates passes May 10, 2021. If her husband was born in Germany and applies with her, they can instead cross-charge to Germany's column.

EB-2 to EB-3 downgrades, interfiling, cross-chargeability and CSPA

Under 8 CFR 204.5(e), workers with multiple approved petitions across EB-1, EB-2, and EB-3 can generally keep the earliest priority date. If you have a pending Form I-485 tied to one petition (such as an EB-3 downgrade) and your priority date becomes current under Final Action Dates in another category (such as EB-2), you can ask USCIS in writing to transfer the underlying basis of your Form I-485 with no fee and no new Form I-485.

USCIS may grant a transfer in its discretion if you continuously maintained adjustment eligibility, your original Form I-485 is still pending, you qualify for the new category, and a visa is immediately available in the new category. Even an unadjudicated EB-3 downgrade Form I-140 does not block transferring your pending Form I-485 to a separate approved EB-2 Form I-140. Once granted, USCIS adjudicates your Form I-485 solely under the new petition, and a Supplement J receipt notice confirms only system upload rather than approval or visa allocation.

Two family rules also affect your wait. First, under INA 202(b) cross-chargeability, a principal applicant and derivative spouse may use each other's country of birth when one spouse's country is backlogged and the other's has visas available, and derivative children may cross-charge to either parent's country. Parents can never cross-charge to a child's country of birth.

Second, for unmarried children under 21, USCIS calculates Child Status Protection Act (CSPA) age by subtracting the time the underlying Form I-140 was pending from the child's biological age when a visa becomes available, provided the child seeks to acquire permanent resident status within 1 year. Note that an approved transfer of underlying basis recalculates CSPA age using the new petition's pending time and visa availability date. Derivatives may also apply later to follow to join if a visa is immediately available and the principal remains a permanent resident without having naturalized first.

• Transfer to an already approved Form I-140: mail a written request and Form I-485 Supplement J (no other forms or evidence) to USCIS Attn: Supp J, PO Box 660834, Dallas, TX 75266-0834 (USPS) or Box 660834, 2501 S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067-8003 (courier).
• Transfer to a pending Form I-140 or spouse's petition: send a written request without Supplement J to the USCIS office holding your Form I-485. Spouses with separate petitions in categories allowing dependents may also request transfer between spouses' petitions.
• Transfer to a newly filed Form I-140: mail the new Form I-140 to its regular filing address with a signed transfer letter, Form I-485 receipt copy, eligibility proof, and a highlighted coversheet requesting transfer of your pending Form I-485.

Adjustment of status vs consular processing and interview questions

You can apply for adjustment of status on Form I-485 inside the United States if you were inspected and admitted or paroled and maintained lawful status, or qualify under INA 245(k). Once a visa is available, you may file Form I-485 together with Form I-140, while Form I-140 is pending, or after Form I-140 is approved. Include your identity and Form I-94 records, plus Form I-797 and Supplement J unless you file concurrently. Submit Form I-693 for your medical exam when required, or USCIS may reject your Form I-485. Pay the exact fee listed on Form G-1055, since wrong fees cause rejection and USCIS never accepts cash. You need Form I-864 only if a qualifying US citizen or permanent resident relative filed Form I-140 or owns 5% or more of a for-profit employer.

If you live abroad, your approved Form I-140 goes to the National Visa Center for consular processing. You submit documents once your date passes Dates for Filing and interview at a US embassy or consulate once it passes Final Action Dates.

At a USCIS adjustment interview or a consular interview, officers verify your job offer, qualifications, and status history. For a USCIS interview, bring the originals of every document submitted with Form I-485, including current and expired passports, travel documents, and Form I-94 records.

• What are your job duties and worksite? Verifies the permanent full-time job on Form I-140 and Supplement J still exists and you plan to take it. Bring your signed Supplement J.
• How did you meet the degree or experience requirement? Verifies EB-3 Skilled Worker, Professional, or Other Worker criteria. Bring original academic records and employer experience letters matching Form ETA-9089.
• Have you changed jobs since filing Form I-485? Verifies INA 204(j) portability after 180 days pending in a same or similar occupational classification.
• Have you ever worked without authorization or fallen out of status? Verifies INA 245(c) bars, INA 245(k) exemptions, and INA 212(a) admissibility. Know your exact entry, Form I-94, and EAD dates.

Practice example

Tell me about the permanent job your employer offered you, the experience or degree it requires, and whether anything has changed since your Form I-140 was filed.

Start by naming your exact job title, your petitioning employer, and your worksite city in one clear sentence so they match your Form I-140 and Form I-485 Supplement J. Next, describe your day-to-day duties in plain English and link them to your EB-3 subcategory: at least 2 years of training or experience for a skilled worker, a US bachelor's or foreign equivalent degree for a professional, or less than 2 years of experience for an other worker. Confirm that the permanent full-time job offer remains open and that you intend to work in the role upon approval. If you ported to a new employer after Form I-485 was pending 180 days or more under INA 204(j), state when you moved and how the new role fits the same or a similar occupational classification, with your Supplement J, academic records, and experience letters ready.

At an EB-3 adjustment or consular interview, the officer checks that a genuine permanent full-time job offer still exists, that you met every education or experience requirement on the labor certification, and that any job change after 180 days meets INA 204(j) portability rules.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.