EB-1 Priority Dates 2026 | China & India Visa Bulletin

Q: What are the current EB-1 priority dates for China and India in 2026?

As of July 2026 Visa Bulletin: China (mainland-born) EB-1 Final Action cutoff is January 1, 2023. India EB-1 Final Action cutoff is January 1, 2025. All other chargeability areas are current — meaning no backlog. Both dates can retrogress month to month; check the State Department Visa Bulletin at travel.state.gov before filing.

Q: Why are India and China EB-1 priority dates retrogressed?

EB-1 has its own annual numerical allocation (approximately 40,000 visas plus unused family-based numbers). When demand from a chargeability area exceeds supply, that country's cutoff date retrogresss to control the inventory. India and China have high volumes of EB-1 applicants from large populations and established skilled worker pipelines, creating multi-year backlogs.

Q: How do I check if my EB-1 priority date is current?

Compare your I-140 receipt date (priority date) against the Final Action date for your chargeability area in the monthly Visa Bulletin. If your priority date is earlier than the cutoff date, your date is current and you may proceed with I-485 or consular processing. Use the State Department Visa Bulletin at travel.state.gov or the USCIS Chart B (Dates for Filing) for additional flexibility.

Q: What happens when my EB-1 priority date becomes current?

When your priority date is current, you can either: (1) File Form I-485 (Adjustment of Status) if you are in the U.S. in lawful status — this also triggers work authorization (EAD) and advance parole applications; or (2) Begin consular processing if abroad — file DS-260, attend interview, receive immigrant visa, and enter as permanent resident. Your approved I-140 remains valid even if you change employers (portability rules apply under AC21).

Q: How is the EB-1 priority date established and can it be carried forward?

Your priority date is the date USCIS received your I-140 petition. If the I-140 is approved, this date is preserved. If you change employers and file a new I-140, the new petition takes a new priority date — but you can generally 'port' an earlier priority date if the earlier I-140 was approved in good faith. A new employer can also use your existing priority date if the original I-140 remains valid and was not revoked.

Q: How do EB-1 priority dates compare to EB-2 NIW dates?

EB-1 and EB-2 have separate annual allocations. In 2026, EB-1 is more backlogged for India (Jan 2025) and China (Jan 2023) than EB-2 NIW, which typically has more visa numbers available because the category is larger. If you have a current EB-2 NIW priority date and a retrogressed EB-1 date, consider whether to pursue both — EB-2 NIW may move faster for your chargeability area.

Q: How have EB-1 priority dates moved historically for China and India?

EB-1 China has moved approximately 3–6 months per year since 2023 when the backlog began. EB-1 India has been current for most of 2024–2025 but retrogressed to January 2025 in mid-2026 as demand increased. Monthly movements depend on visa demand versus supply; conservative estimates assume 3–6 months of forward movement per year, meaning China EB-1 applicants from 2023 may see movement in late 2026.

Your priority date is established when USCIS receives your Form I-140 (Immigrant Petition for Alien Worker). It represents your place in the green card queue for your chargeability area (typically your country of birth, or country of current citizenship if born abroad doesn't have a separate limit).

The State Department releases a monthly Visa Bulletin showing Final Action Dates (who can receive a visa) and Dates for Filing (who can file I-485 under Chart B). USCIS then determines which chart to use for filing.

As of July 2026, EB-1 is backlogged for China and India only. All other chargeability areas are current with no waiting period.

July 2026 EB-1 Final Action Dates

China (Mainland-Born)

Jan 1, 2023

● Backlogged — ~3.5 year wait

India

Jan 1, 2025

● Backlogged — ~1.5 year wait

All Other Countries

Current

● No waiting period

Source: State Department Visa Bulletin, July 2026. Dates are Final Action Dates. Chart B (Dates for Filing) may show more favorable dates — check travel.state.gov/visa_bulletin for the complete bulletin.

What This Means for You

China-born applicants with I-140 receipt dates before January 1, 2023 can now proceed with I-485 or consular processing. If your date is later, you wait.
India-born applicants with I-140 receipt dates before January 1, 2025 can proceed. If later, you wait.
All other chargeability areas — including Philippines, Mexico, and rest of world — have no EB-1 backlog. If your I-140 is approved, you can generally proceed immediately.

How Priority Dates Work

Your place in the EB-1 queue is determined by your priority date — the date your I-140 was received by USCIS. The State Department allocates visa numbers monthly; when the cutoff date for your chargeability area advances past your priority date, your visa number becomes available.

Establish Your Priority Date

The I-140 receipt notice from USCIS shows the "priority date" — the date your petition was received. This is fixed unless the petition is denied or voluntarily withdrawn.

Check the Monthly Bulletin

The State Department publishes the Visa Bulletin at travel.state.gov around the 10th–12th of each month. It shows Final Action Dates (for immigrant visa issuance) and Dates for Filing (for I-485 applications).

Compare Your Date to the Cutoff

If your priority date is earlier than the cutoff date for your chargeability area, your date is "current" and you can file I-485 or proceed with consular processing.

File at the Right Time

File I-485 (or DS-260 for consular processing) when your date is current. Processing after filing takes 12–36 months. Premium Processing does not apply to I-485 — only to I-140.

The Two Charts: Final Action vs Dates for Filing

Chart	Purpose	When USCIS Uses It
Final Action Date	Determines who can receive a visa/green card this month	Governs actual visa issuance and I-485 final adjudication
Dates for Filing (Chart B)	Allows earlier filing of I-485 while visa is 'available'	USCIS announces monthly whether Chart B can be used for filing

Using Chart B (Dates for Filing) can let you file I-485 several months earlier, which matters because filing triggers work authorization (EAD) and advance parole applications. Check the monthly USCIS announcement to see which chart applies.

China vs India: EB-1 Backlogs Compared

Feature	China (Mainland-Born)	India
Current Final Action Date	January 1, 2023	January 1, 2025
Approximate wait	~3.5 years	~1.5 years
Backlog started	Late 2023	Mid-2026 (retrogressed from current)
Annual forward movement	~3–6 months per year	~6–12 months per year
EB-2 NIW comparison	EB-2 China also backlogged (~2020)	EB-2 India also backlogged (~2022)
Strategy	File early; consider premium processing for I-140 to secure early date	Monitor monthly; date may advance faster as FY year resets

Why the Backlogs Differ

China's EB-1 backlog is deeper because the EB-1 China backlog started earlier and the queue has had more time to grow. India's EB-1 only recently retrogressed (mid-2026), meaning the wait is shorter but the trajectory depends on FY-year demand.

EB-1 Historical Priority Date Movement

Tracking monthly Visa Bulletin movements helps estimate when your priority date might become current. Below are approximate Final Action Date movements for EB-1 China and India over the past 12 months.

Month	EB-1 China (Final Action)	EB-1 India (Final Action)
July 2025	August 1, 2022	Current
August 2025	August 1, 2022	Current
September 2025	September 1, 2022	Current
October 2025	October 1, 2022	Current
November 2025	November 1, 2022	Current
December 2025	December 1, 2022	Current
January 2026	January 1, 2023	January 1, 2025
February 2026	January 1, 2023	January 1, 2025
March 2026	January 1, 2023	January 1, 2025
April 2026	January 1, 2023	January 1, 2025
May 2026	January 1, 2023	January 1, 2025
June 2026	January 1, 2023	January 1, 2025
July 2026 (current)	January 1, 2023	January 1, 2025

Note: Dates are approximate based on published Visa Bulletins. Retrogression can occur if demand exceeds supply in a given month. Always check the official Visa Bulletin at travel.state.gov for current figures.

Bottom Line: EB-1 China has moved ~3 months in 12 months (Jul 2025 → Jul 2026). At this rate, an applicant with a January 2023 priority date might see movement in late 2026 or early 2027. India has only been retrogressed since January 2026 — monitor monthly for forward movement.

How to Track Your EB-1 Priority Date

There are three key resources to monitor your priority date and visa bulletin movements:

State Department Visa Bulletin

travel.state.gov/visa_bulletin — published monthly around the 10th–12th. Shows Final Action Dates and Dates for Filing for all categories and chargeability areas.

USCIS Monthly Announcement

USCIS announces which chart (Final Action or Dates for Filing) applies for I-485 filing each month. Check public.uscis.gov each month.

USVisaStack Tracker

Use the EB-1 Processing Tracker to log your priority date and get monthly bulletin update alerts.

What to Do While Waiting

Keep your I-140 approved — an approved I-140 is generally portable if you change employers (AC21 portability), as long as the petition was filed in good faith and remains valid
Monitor monthly bulletins — sign up for alerts at travel.state.gov
Consider Premium Processing for any new I-140 filings to secure a priority date as early as possible
Check Chart B — if Chart B is accepting filings for your chargeability area, you may be able to file I-485 earlier than Final Action Date would allow
Stay in lawful status — maintain valid H-1B, O-1, L-1, or other status while waiting

EB-1 vs EB-2 Priority Dates: How Do They Compare?

EB-1 and EB-2 have separate annual allocations and separate backlog trajectories. Here is how they compare for China and India in 2026:

Category	China (Mainland-Born)	India	Rest of World
EB-1 Final Action	January 1, 2023	January 1, 2025	Current
EB-2 Final Action	~March 1, 2020	~January 1, 2022	Current
Which is faster?	EB-1 (3 years ahead)	EB-1 (2+ years ahead)	Same (both current)

Interestingly, EB-1 is currently ahead of EB-2 for both China and India — meaning if you have a retrogressed EB-1 date but a current EB-2 date, you might want to consider whether EB-2 NIW is a viable alternative path while your EB-1 date catches up. Compare EB-1A vs EB-2 NIW →

Not Sure Which Visa Path Has the Best Priority Date Outlook?

The $19 Visa Pathway Snapshot analyzes your profile against EB-1A, EB-1B, EB-2 NIW, and other paths — including current priority date backlogs for your chargeability area.

Take the Snapshot →

Frequently Asked Questions

What is an EB-1 priority date?

Your EB-1 priority date is the date USCIS received your Form I-140 (Immigrant Petition). It establishes your place in the green card queue. When the visa bulletin shows your priority date is 'current' (earlier than the cutoff date for your chargeability area), you can file I-485 or proceed with consular processing.

What are the current EB-1 priority dates for China and India in 2026?

As of July 2026: China (mainland-born) Final Action cutoff is January 1, 2023. India Final Action cutoff is January 1, 2025. All other chargeability areas are current. Both dates can retrogress month to month — check travel.state.gov before filing.

Why are India and China EB-1 priority dates retrogressed?

EB-1 has its own annual allocation (approx. 40,000 visas plus family-based carryover). When demand from a chargeability area exceeds supply, the cutoff date retrogresses to control inventory. India and China have high volumes of EB-1 applicants from large populations and established skilled worker pipelines, creating multi-year backlogs.

How do I check if my EB-1 priority date is current?

Compare your I-140 receipt date against the Final Action date for your chargeability area in the monthly Visa Bulletin at travel.state.gov. If your priority date is earlier than the cutoff, your date is current and you may proceed. Use USCIS Chart B (Dates for Filing) when available to file I-485 earlier.

What happens when my EB-1 priority date becomes current?

When your priority date is current, you can file Form I-485 (Adjustment of Status) if in the U.S., triggering work authorization (EAD) and advance parole. Or begin consular processing (DS-260) if abroad. Your approved I-140 remains valid even if you change employers under AC21 portability rules.

How is the EB-1 priority date established and can it be carried forward?

Your priority date is the date USCIS received your I-140. If the I-140 is approved, this date is preserved. If you file a new I-140 with a new employer, you get a new priority date — but AC21 allows porting an earlier priority date from an approved I-140 if it remains valid and was not revoked.

How do EB-1 priority dates compare to EB-2 NIW dates?

In 2026, EB-1 is surprisingly ahead of EB-2 for both China and India — EB-1 China (Jan 2023) is ahead of EB-2 China (~Mar 2020), and EB-1 India (Jan 2025) is ahead of EB-2 India (~Jan 2022). If you have options in both categories, EB-1 may move faster for your chargeability area.

How have EB-1 priority dates moved historically for China and India?

EB-1 China has moved approximately 3 months in the past 12 months (Jul 2025 to Jul 2026). At this rate, applicants from 2023 may see meaningful movement in late 2026 or early 2027. EB-1 India only retrogressed in January 2026 — it is too early to establish a movement trend; monitor the monthly bulletins.

EB-1 Priority Dates 2026 — China & India Visa Bulletin Tracker