EB-1 Priority Date for China: Current Backlog & Projections (2026)
If you were born in China mainland and are waiting for an EB-1 green card, your priority date is caught behind one of the most significant immigration backlogs in the U.S. system. This guide explains where the bulletin stands today, why the backlog exists, and what you can realistically expect in 2026 and beyond.
Understanding the Per-Country Quota
The U.S. immigration system allocates employment-based green cards using a per-country ceiling of 7% of the annual supply. This means applicants born in any single country can never consume more than 7% of the total visas available in any preference category in a given fiscal year.
For EB-1, approximately 40,000 visas are available annually. The 7% ceiling translates to roughly 2,800 EB-1 visas per country per year. China mainland born applicants alone generate far more EB-1 filings than this threshold, creating a perpetual queue.
This ceiling is the root cause of the EB-1 China backlog. Every year, more qualified applicants from China exhaust their 7% allocation, and the remainder must wait until the next fiscal year's supply becomes available.
Current Visa Bulletin Standings
The table below shows the latest Final Action Dates for EB-1, EB-2, and EB-3 as of __BULLETIN_MONTH__. These figures are pulled directly from the State Department Visa Bulletin and updated each month.
Historical Retrogression Timeline
EB-1 China was current (C) through most of FY2022. Retrogression began in late 2022 and has progressively worsened since then. Here is how the dates have moved:
FY2022 (Oct 2021 – Sep 2022)
EB-1 China remained current throughout the fiscal year. Applicants with approved I-140s could file I-485 or attend consular interviews without waiting.
Status: CurrentFY2023 (Oct 2022 – Sep 2023)
First signs of retrogression appeared in early 2023 as post-pandemic filing volumes surged. By mid-2023, the China EB-1 date had moved to early 2022.
First retrogressionFY2024 (Oct 2023 – Sep 2024)
Steady retrogression continued. The EB-1 China Final Action Date moved to late 2020 to early 2021 as demand from Chinese applicants remained high.
Backlog deepeningFY2025–FY2026 (Oct 2024 – present)
The current Final Action Date stands at approximately late 2022 to early 2023. Movement has slowed but not stalled. Monthly advances of 2–4 weeks are typical in stable months.
Current: __EB1_CHINA_FAD__Why Does Retrogression Happen?
Retrogression occurs when the total number of visa registrations from a country exceeds the per-country annual limit. State Department must halt processing when the limit is reached mid-year. The cutoff date moves backward (retrogresses) to align supply with demand. When a new fiscal year begins (October 1), dates may advance again — sometimes significantly if demand has been satisfied.
EB-2 as an Alternative Path
If your EB-1 priority date is not current, EB-2 may offer a viable alternative — particularly if you qualify for the National Interest Waiver (NIW), which allows self-petition without employer sponsorship.
Consider the EB-2 NIW Option
The EB-2 NIW (National Interest Waiver) allows you to self-petition — no employer required, no labor certification needed. Because NIW is in the EB-2 category, it draws from the EB-2 annual supply. If EB-2 has a more favorable cutoff date for your country, this path may move faster than waiting for EB-1 to become current.
Our EB-2 NIW Eligibility Guide analyzes whether your profile qualifies — based on Dhanasar criteria, your field's national impact, and comparable evidence.
Priority Date Retention When Switching Categories
If you have an approved EB-1 I-140 and file a new EB-2 petition, you can generally retain your original EB-1 priority date under the retained priority date rule. This means if EB-2 becomes current before your EB-1 date advances, you can use the earlier EB-1 filing date in the EB-2 context.
This can be a critical strategic advantage. Consult an immigration attorney to evaluate whether switching categories makes sense for your specific situation — especially if your EB-1 I-140 was approved more than 3 years ago and your priority date is far from current.
What to Do If Your Priority Date Is Not Current
Even if your EB-1 priority date is not current, there are steps you can take to protect your position and potentially accelerate your path:
- Keep your I-140 approved — An approved I-140 establishes your priority date and protects your place in the queue. Even if you change employers, the I-140 can be ported to a new job in most cases.
- Consider concurrent filing — If your priority date is within 1 year of the current cutoff, you may be able to file I-485 soon. Work with your attorney to monitor the bulletin monthly.
- Evaluate NIW — If your field has national impact implications (science, technology, healthcare, business innovation), the NIW self-petition may offer a faster route.
- Premium Processing — If you have not yet filed I-140 or need an amendment, use Premium Processing ($2,500) to get a decision in 15 business days.
- Get professional analysis — A $79 Attorney Prep Session or $149 Pathway Deep Dive can map the fastest route for your specific credentials, country of birth, and field.
Frequently Asked Questions
What is the current EB-1 priority date for China mainland born?
Based on the latest State Department Visa Bulletin (__BULLETIN_MONTH__), the EB-1 Final Action Date for China mainland born is: __EB1_CHINA_FAD__. This means only applicants with a priority date earlier than this cutoff date can have their immigrant visa application processed in the current fiscal year. For context, the all-chargeability EB-1 date is currently 'C' (current), meaning there is no backlog for applicants from countries other than China and India.
Why is EB-1 retrogressed for China but current for other countries?
The U.S. immigration system imposes a 7% per-country ceiling on immigrant visa allocations. When demand from a single country exceeds 7% of the annual supply, that country's cut-off date advances more slowly — or retrogresses — while the overall category remains available. China and India have historically high volumes of EB-1 applicants, causing them to hit this ceiling. Other countries collectively share the remaining 93%, which is why their EB-1 dates remain current.
How long is the current EB-1 China backlog?
The backlog represents approximately 2–3 years of priority date movement. As of mid-2026, the EB-1 China Final Action Date is around late 2022 to early 2023. An applicant who filed their I-140 in 2024 may face a 2–4 year wait before their priority date becomes current. Actual wait times depend on how quickly demand stabilizes against the annual 7% allocation.
What is the difference between Final Action Date and Dates for Filing?
The Final Action Date (FAD) determines whether a visa is actually available for issuance — only applicants with a priority date earlier than the FAD can receive a visa. The Dates for Filing (DF) allows you to file your I-485 application earlier, even if your visa isn't technically 'current,' though USCIS determines each cycle whether to accept filings based on DF. When FAD retrogresses, it means no visas can be issued that month regardless of DF.
Can I switch from EB-1 to EB-2 to get a faster decision?
You may be able to recapture your original priority date if you file a new EB-2 I-140. Under the retained priority date rule, if your EB-1 I-140 was approved and you file a subsequent EB-2 or EB-3 petition, you can generally keep your original EB-1 filing date. This can be strategically valuable if EB-2 has a more favorable cutoff date for your country. Consult an immigration attorney to evaluate whether this makes sense for your case.
What options exist for EB-1 Chinese applicants facing long waits?
Three primary strategies apply: (1) File EB-2 NIW (National Interest Waiver) — a self-petition option that bypasses employer sponsorship and labor certification, with no per-country backlog for applicants whose work benefits U.S. national interests; (2) Consider concurrent filing of I-140 + I-485 if your priority date is close to current; (3) Explore EB-1B (Outstanding Researcher) or EB-1C (Multinational Manager) if eligible, though these require employer sponsorship. Our Pathway Deep Dive report ($149) analyzes the fastest route for your specific profile.
Does premium processing help if my priority date is not current?
Premium Processing (Form I-907) accelerates I-140 adjudication to 15 business days, but it does not affect the priority date wait or visa availability. If your priority date is not yet current, premium processing only gets your I-140 decision faster — you still wait for the visa bulletin to advance. However, getting I-140 approved early can be valuable if you are in the U.S. and want to file I-485 or transition to other status options.
Not Sure Which Path Is Fastest for You?
Our attorney-reviewed Pathway Deep Dive analyzes your profile, field, and credentials to identify the fastest green card route — including whether NIW or EB-1 adjustment makes sense given your country of birth.