Updated November 12, 2026

EB-4 Visa Bulletin: how priority dates, USCIS filing charts, and retrogression work

For November 2026, USCIS directs all EB-4 adjustment applicants to use the Dates for Filing chart in the Department of State Visa Bulletin. Your EB-4 priority date is the date USCIS accepts Form I-360 for processing, competing under the 140,000 annual employment-based visa limit. You can file Form I-485 once your date clears the designated chart, though final Green Card approval always requires a current Final Action Date.

Which EB-4 Visa Bulletin chart to use for adjustment of status

Each month, the Department of State publishes two employment-based charts in the Visa Bulletin. One chart lists Application Final Action Dates, and the other lists Dates for Filing Applications.

Within one week of each Visa Bulletin release, USCIS posts on its Adjustment of Status Filing Charts page which chart inside-the-US applicants must follow. When USCIS sees more visas available for the fiscal year than known applicants, it opens the Dates for Filing chart. Otherwise, you must use the Final Action Dates chart.

For the November 2026 Visa Bulletin, USCIS requires all employment-based preference categories, including EB-4, to use the Dates for Filing chart. One standing exception applies in any month: if Final Action Dates show Current or list a later date than Dates for Filing, you may use Final Action Dates.

If you are applying from abroad through consular processing, the Dates for Filing chart tells the National Visa Center when to request your documents. Regardless of where you apply, neither USCIS nor a US consulate can issue final Green Card approval until your priority date clears the Final Action Dates chart.

How to read EB-4 Visa Bulletin charts and symbols (USCIS Visa Availability and Policy Manual Volume 7, Part A, Chapter 6 rules)

How EB-4 priority dates work on Form I-360

Many online trackers confuse EB-4 applicants by asking for a Form I-140 receipt or a Department of Labor PERM date. Neither form applies to fourth preference special immigrants. Under USCIS visa availability rules, your EB-4 priority date is the date USCIS accepts Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, for processing.

You can find your assigned priority date printed on Form I-797, Notice of Action, for your Form I-360 petition. During adjudication, a USCIS officer also checks the underlying Form I-360 inside your file to verify that date.

Keep three EB-4 rules in mind that differ from Form I-140 categories like EB-1, EB-2, and EB-3:

• No Form I-485 Supplement J or job portability: Supplement J and INA 204(j) job portability apply to Form I-140 workers, not Form I-360 special immigrants.
• No automatic multi-petition date retention under 8 CFR 204.5(e): The regulation letting workers keep an earliest priority date across multiple approved employment petitions covers 1st, 2nd, and 3rd preference petitions.
• Lost petitions keep their date: Under the USCIS Policy Manual, if USCIS loses a properly filed petition that never went to the National Visa Center, you can recreate it at no additional fee and keep your original priority date.
• Age-21 filing deadline for Special Immigrant Juveniles: Under 8 CFR 204.11(b), you must file Form I-360 before your 21st birthday. Within 2 weeks before turning 21, you or your representative can call the USCIS Contact Center at 800-375-5283 to request an in-person field office appointment so staff date-stamp page one.
• Afghan Special Immigrant Visa transition: Afghans who started the Special Immigrant Visa process on or after July 20, 2022 seek classification from the Department of State on Form DS-157 rather than filing Form I-360 with USCIS.

Who shares the EB-4 cap and how chargeability works

Under the Immigration and Nationality Act, employment-based preference visas have a statutory minimum limit of 140,000 visas per year, while family preferences have a minimum of 226,000. Unused visas from the prior fiscal year can raise those totals by statute, and each preference receives a fixed statutory share subject to per-country birth caps.

When combined demand across all special immigrant groups exceeds the annual EB-4 supply or a country's cap, a backlog forms. Under USCIS fourth preference rules and Policy Manual Volume 7, Part F (INA 101(a)(27) and INA 203(b)(4)), all of these special immigrants draw from the EB-4 category unless a separate statutory carve-out applies:

• Ministers and non-minister religious workers employed by qualifying US non-profit religious organizations
• Special Immigrant Juveniles (SIJs) who need juvenile court protection due to parental abuse, neglect, or abandonment
• Broadcasters (reporters, writers, translators, editors, producers, announcers, hosts, or news analysts, excluding purely technical or support staff) petitioned by the US Agency for Global Media (USAGM) or grantees Radio Free Asia and Radio Free Europe/Radio Liberty
• Certain US government employees abroad and their family members
• Retired officers or employees of G-4 international organizations, NATO-6 civilian employees, and qualifying family members
• Members of the US armed forces, Panama Canal or Canal Zone employees, physicians licensed and practicing in a US state on January 9, 1978, S nonimmigrant informants, and qualifying Afghan or Iraqi nationals

When cross-chargeability helps an EB-4 family

The Department of State normally charges your visa to your country of birth, not your country of citizenship. When your country of birth has an older cut-off date than your spouse's country of birth, USCIS cross-chargeability rules in Policy Manual Volume 7, Part A, Chapter 6 can shorten your wait.

A principal EB-4 applicant can charge their visa to a derivative spouse's country of birth if visas are available for the spouse's country. In that case, USCIS treats both spouses as principals for processing and approves both Form I-485 applications together. A derivative spouse can likewise use the principal's country, and a derivative child can use either parent's country, though parents can never cross-charge to a child's country of birth.

Ministers vs non-minister religious workers and the sunset date

On the Visa Bulletin, EB-4 has two separate rows affecting religious workers: the main 4th preference row (which covers ministers along with most other special immigrants) and a separate row for Certain Religious Workers (non-ministers). Knowing which row governs your Form I-360 prevents costly timing mistakes.

Special immigrants entering solely to carry on the vocation of a minister, along with their accompanying spouses and children, have permanent statutory authority. Their visa availability never expires because of a congressional sunset date.

Non-minister special immigrant religious workers work in a religious vocation or occupation in a professional or non-professional role. On September 2, 2026, the president signed Public Law 119-103, extending the EB-4 non-minister religious worker program through December 11, 2026. Non-ministers and their accompanying spouses and children must immigrate or finish adjusting status by that sunset date, or their Visa Bulletin row turns Unavailable (U) unless Congress passes a new extension.

Both ministers and non-ministers must work full time, meaning an average of at least 35 hours per week, in a compensated monetary or in-kind role. You must also show 2 years of denominational membership and continuous religious work after age 14 right before filing Form I-360, with breaks up to 2 years allowed only for religious training or sabbatical. Under 8 CFR 204.5(m)(12), USCIS may inspect your work site before or after deciding the petition, and pre-approval site visits must finish before USCIS will grant an expedite request.

Worked example: applying the two charts, retrogression, and sunset rules

Worked example written by our team. Both applicants and case timelines are invented to show how USCIS applies its published Visa Bulletin rules.

Case 1 (Special Immigrant Juvenile self-petitioner): Suppose Mateo has an approved Form I-360 with a priority date printed on his Form I-797. In a month when USCIS designates the Dates for Filing chart, Mateo checks whether his priority date is strictly earlier than the EB-4 Dates for Filing cut-off for his country of birth. If the cut-off is one day later than his priority date, Mateo can file Form I-485 alongside his sealed Form I-693 medical exam, plus separate fee-paid applications on Form I-765 for a work permit and Form I-131 for advance parole. Because Mateo's priority date is not yet earlier than the Final Action Dates cut-off, USCIS accepts his package, schedules biometrics, runs security checks, and holds final Green Card approval until his Final Action Date becomes current.

Case 2 (Non-minister religious worker facing a sunset date): Suppose Priya's religious organization filed Form I-360 (01/20/25 edition) with its IRS 501(c)(3) letter and compensation proof, and her priority date clears the Dates for Filing chart. Even if Priya properly files Form I-485, USCIS can approve her Green Card only if her priority date is also earlier than the Final Action Date and USCIS finishes adjudication before the December 11, 2026 statutory sunset. If that sunset arrives without a new congressional extension, her subcategory shifts to U on the Visa Bulletin and USCIS must pause final approval.

What happens when EB-4 retrogresses after you file Form I-485

Visa retrogression happens when monthly visa requests exceed the remaining supply, causing a current category to close or a cut-off date to move backward. Retrogression often appears later in the federal fiscal year as EB-4 approaches its annual limit. When the new federal fiscal year starts on October 1, a fresh allocation of visa numbers opens, which usually, though not always, returns cut-off dates to where they stood before retrogression.

If you properly file Form I-485 during a month when your priority date is eligible on the USCIS-designated chart, sudden retrogression does not void your filing. Under 8 CFR 245.1(g)(1), USCIS cannot reject an application filed in an eligible month even if the Department of State exhausts visa numbers days after publishing the bulletin.

Under USCIS Policy Manual Volume 7, Part A, Chapter 6, here is how USCIS handles a pending Form I-485 caught in retrogression:

• Pre-processing continues: USCIS keeps your application, collects your biometrics at an Application Support Center, resolves background checks, and holds your interview if one is required.
• Transfer to hold queue: Once a field office adjudicates an otherwise approvable EB-4 file up to final approval, it transfers the file to the appropriate USCIS office or Service Center to wait for a visa number.
• Ineligible cases still get decided: If an applicant is inadmissible or ineligible for a reason unrelated to visa numbers, USCIS can deny the Form I-485 without waiting for a current date.
• Final review when current: Once the Department of State allocates a visa number under Final Action Dates, an officer refreshes any expired security checks, verifies ongoing eligibility, and issues a Request for Evidence only if facts have become unclear during the wait.

Filing Form I-485, medical exams, work permits, and fee exemptions

Some EB-4 subcategories require an employer to file Form I-360, others allow self-petitioning (skipping Part 1 and completing Part 3, with a safe mailing address option in Part 1, Item Number 7 for SIJ and VAWA filers), and a few need no Form I-360. You may file Form I-485 (09/18/26 edition) concurrently with Form I-360 only when a visa number is immediately available for your priority date on the chart USCIS designates that month.

When you prepare your EB-4 Form I-485 package, follow these current USCIS filing, medical, family, and fee schedule rules from Form I-485 and Form G-1055 (10/26/26 edition, published October 28, 2026):

• Submit Form I-693 up front: You must include Form I-693, Report of Immigration Medical Examination and Vaccination Record, when you file Form I-485, or USCIS may reject your application. Mail filers include the civil surgeon's sealed envelope, while online filers open the envelope, upload the scan, and save the original packet for any interview or request.
• Pay separate fees for EAD and Advance Parole: For Form I-485 applications filed after April 1, 2024, you must pay separate fees on the USCIS Fee Schedule to file Form I-765 (work authorization) and Form I-131 (advance parole), unlike applications filed from July 30, 2007 before April 1, 2024.
• Check fee exemptions and Form I-912 rules: Fee-exempt categories carry no filing fee on Form G-1055 and do not need Form I-912, Request for Fee Waiver. Afghan humanitarian parolees adjusting as Afghan Special Immigrants pay no Form I-485 filing or biometric fees. When requesting a fee waiver on a non-exempt form, you generally must file on paper, and any extra statutory fee under Public Law 119-21 cannot be waived.
• Use electronic payment methods: Mail filers pay by card using Form G-1450 or US bank transfer using Form G-1650 unless they qualify for paper payment with Form G-1651. USCIS never accepts cash.
• Know who skips Form I-864: Special Immigrant Juveniles (under INA 245(h)), VAWA self-petitioners, widow(er)s, and employment-based immigrants (other than Form I-140 cases involving a 5 percent family owner) do not file Form I-864, Affidavit of Support.
• Protect derivative spouses and children: Qualifying EB-4 categories let your spouse and unmarried children under 21 (reviewed under the Child Status Protection Act) accompany you within 6 months or follow to join later, though derivatives under INA 101(a)(27)(D) through (H) may accompany only. USCIS cannot approve a derivative's Form I-485 until the principal applicant becomes a permanent resident.

6-step EB-4 Visa Bulletin checklist and interview preparation

Use this 6-step plan written by our team, built from USCIS adjustment and Policy Manual rules, to move from Form I-360 filing to Green Card approval without avoidable rejections:

• Step 1, Lock in and verify your priority date: File a signed, complete Form I-360 on the current edition (and clip Form G-1145 on top if you want text or email lockbox confirmation), then verify the priority date on your Form I-797 receipt.
• Step 2, Check USCIS within 1 week of each bulletin: Each month, confirm on the USCIS Adjustment of Status Filing Charts page whether employment-based applicants must use Dates for Filing or Final Action Dates.
• Step 3, Apply the strict earlier-than test: Confirm your priority date falls at least one calendar day before the listed cut-off date for your country of birth (or cross-charged spouse's country), or that the chart shows C.
• Step 4, Assemble a rejection-proof Form I-485 packet: Include all pages from the same Form I-485 edition, your Form I-693 medical exam, evidence of your Form I-360 (or approved Form DS-157 and Chief of Mission letter for qualifying Afghans), and electronic payment forms.
• Step 5, Track status and report address moves within 10 days: Check status online or at 800-375-5283 (TTY 800-767-1833), attend biometrics at your Application Support Center, and file Form AR-11 within 10 days of any move. If USCIS denies an I-485, appeals generally are not allowed, though you can check eligibility to file a motion on Form I-290B.
• Step 6, Prepare originals for a USCIS interview: If USCIS schedules an interview under oath, bring originals of every document copied in your Form I-485 packet, including current and expired passports, government travel documents, and Form I-94 records, ready to confirm ongoing eligibility and admissibility under INA 212 and INA 245.

Practice example

Are you still eligible under the special immigrant category on your Form I-360 petition, and what original documents did you bring today?

At your USCIS Form I-485 adjustment interview, confirm clearly that the qualifying basis on your Form I-360 petition remains valid today, because USCIS checks ongoing eligibility right up to final approval. If you are adjusting as a religious worker or broadcaster, state your current job title, your full-time weekly hours, your work location, and how the organization compensates you. Make sure every detail matches the employer attestation on your petition. If you applied as a Special Immigrant Juvenile or another self-petitioner, confirm that your Form I-360 remains valid and your marital status matches your Form I-485. Keep your folder organized and offer papers when the officer asks. Bring your Form I-797 notice, current and expired passports, government travel documents, Form I-94 records, and originals of every document copied in your Form I-485 packet. Religious workers should also bring recent Form W-2 statements or tax returns.

Under USCIS Policy Manual Volume 7, Part A, Chapter 6, the officer must verify your underlying Form I-360 petition and confirm you remain eligible through final adjudication. Having exact work or status facts alongside every original document required by USCIS adjustment instructions resolves eligibility questions on the spot.

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.