For many employment-based immigrants born in heavily backlogged countries—such as Indian nationals—the path to U.S. lawful permanent residency, better known as the green card process, feels less like a sprint and more like an ultra-marathon with unexpected hurdles along the way. After years of watching the Department of State’s Visa Bulletin inch forward at a glacier-like pace, seeing your priority date finally become current again can feel exhilarating. But before celebrating too quickly, it is important to understand a few points: which Visa Bulletin chart actually governs the ability to grant the green card application, how to prepare for final adjudication, and whether you are obligated to affirmatively file any documents with USCIS in order to be approved.
To start, an applicant must understand which Visa Bulletin chart governs final adjudication of the I-485 adjustment of status application (“green card application”). The “Dates for Filing” chart determines when applicants may submit their immigrant visa application to a U.S. Consulate abroad or Form I-485 application if applying in the U.S.—provided USCIS designates that chart for use in a given month. By contrast, the “Final Action Dates” chart is the one that ultimately controls when a U.S. Consulate or USCIS can actually approve and issue the green card. As a result, many applicants who filed I-485 applications years ago under the “Dates for Filing” chart are now watching closely and waiting for their priority date to become current under the “Final Action Dates” chart so USCIS can finally move forward with final adjudication of the I-485 application.
A priority date is considered “current” when it falls on or before the cutoff date listed in the “Final Action” Dates chart for the relevant employment-based category tied to the approved I-140 petition. In 2026, this may be the situation for many Indian nationals who filed adjustment of status applications in the EB-2 category in 2020 or after, marking a long-awaited shift from simply waiting in line to finally reaching the point where approval is possible. Although the Department of State just announced that the EB-2 annual visa cap has been reached for India for the current fiscal year, visa numbers will become available again on October 1, 2026, the first day of the new fiscal year.
Our firm has received many inquiries regarding what applicants should do once their priority date becomes current again. GILT attorneys recommend treating this moment like a bit of immigration “spring cleaning.” Take the time to carefully review your entire case and ask yourself a few pertinent questions to prepare for final adjudication:
- Are you familiar with the terms and conditions of the underlying certified permanent labor certification application? Is your current position the same or similar to the role described in that filing?
- Is your I-140 petition still valid?
- Have you relocated since filing the I-485 application?
- Has your medical examination expired?
- Have you changed employers recently?
- Have you filed a form i-485J? If so, how much time has elapsed since you last filed the I-485J?
- Have you been maintaining an underlying nonimmigrant status or are you working pursuant to an employment authorization document?
- How does the May 21, 2026 USCIS policy announcement regarding extraordinary circumstances and the exercise of favorable discretion in adjustment of status applications impact my case?
Every immigration case is unique. If you are uncertain about the answers to any of the questions above or would like individualized guidance, we encourage you to contact our office to arrange a consultation.
Once the priority date becomes current, processing timelines can vary significantly—some cases are adjudicated within weeks or months, while others may take considerably longer. During this stage, USCIS may issue a Request for Evidence, requesting a new medical exam or an updated Form I-485J, or may schedule an initial or second interview at a local USCIS office. Applicants should closely monitor the Visa Bulletin, ensure that any expiring work or travel authorization documents are renewed in a timely manner. Applicants should also consult immigration counsel if there have been any changes in employment, residence, or other circumstances that may affect immigration eligibility or admissibility since filing the I-485 application, to ensure the case is fully aligned before final adjudication begins.
While there is no affirmative obligation to proactively file additional documents with USCIS once the priority date becomes current, there are strategic ways to help draw an adjudicator’s attention to a pending application. Because immigration matters are highly fact-specific, it is important to consider any strategy in light of your individual circumstances. Our office is available to discuss potential approaches and next steps.
After surviving years in the green card waiting room, the final stretch is often the most critical. Should you wish to discuss strategies to help bring your application to the forefront of adjudication or simply review your case, please contact Monica or by calling the office at 610-975-4599 to set up a consultation appointment to do so.
Be sure to mention this article when reaching out for your consultation.
Business Immigration Department Chair