
January 9th, 2026. A Thursday evening in the Bay Area. David Chen is scrolling through his phone in the parking lot of a Korean grocery store, waiting for his wife to finish shopping. The immigration WeChat group is buzzing. Someone just posted: "February排期出了."
David is an EB-1A applicant from Beijing. His priority date is March 15, 2023. He has been checking the visa bulletin every month like checking a stocks app — a reflex born from three years of waiting. Last month, the final action date for China EB-1 was January 1, 2023. Now it shows February 1, 2023.
One month. Thirty-one days. Just enough to let him file his adjustment of status application — finally.
Meanwhile, across the country in a Philadelphia apartment, Priya Sharma is doing the same math but getting different results. Her EB-2 priority date is September 2013. The India EB-2 final action date shows July 15, 2013. She is 72 days away. She has been 72 days away for — she loses count. Thirteen years of waiting. Thirteen years of watching the line creep forward by months, sometimes by weeks, occasionally standing still.
What Actually Moved in February 2026
The February 2026 visa bulletin, released on January 9th, brought employment-based movement that caught many practitioners by surprise. While the H-1B cap season dominated headlines with its lottery drama and multiple registration rounds, the underlying visa number dynamics told a quieter — but significant — story.
For China EB-1: The final action date advanced from January 1, 2023 to February 1, 2023 — a one-month movement that, for applicants like David, meant the difference between staying in holding pattern and being able to file.
For India EB-1: The same movement occurred, from January 1, 2023 to February 1, 2023. This follows a pattern observed since late 2025 — consistent but modest monthly advances that reflect the steady consumption of available visa numbers.
For China EB-2: The final action date held steady at September 1, 2021. No movement. For India EB-2: No movement either, remaining at July 15, 2013 — essentially frozen since early 2022.
For EB-3 China: Movement from April 1, 2021 to May 1, 2021. For EB-3 India: From November 1, 2013 to November 15, 2013 — a two-week crawl that amounts to meaningful progress for those at the frontier of the queue.
The Filing Dates Tell a Different Story
What matters just as much as final action dates are the dates for filing — the dates when applicants can submit their adjustment of status applications to lock in their priority dates. For February 2026, these told an interesting tale.
China EB-1 filing date moved to August 1, 2023. This is now five months ahead of the final action date — meaning those who filed early in the queue have some cushion before their applications need to be approved. India EB-1 also moved to August 1, 2023.
China EB-2 filing date advanced to January 22, 2022 — still over two years ahead of the final action date. For India EB-2, the filing date is December 13, 2013, essentially matching the final action date.
What This Means for You
If your priority date is before the final action date for your category and country: You can file your adjustment of status application now, or if you have already filed, your case can move toward approval.
If your priority date is after the final action date but before the filing date: You cannot file yet, but your date is being tracked. Continue preparing your documentation and stay ready to file when your date becomes current.
If your priority date is after both dates: Focus on maintaining your current immigration status, explore porting options if you qualify for EB-1 to EB-2 upgrades, and consider consulting an immigration attorney about alternative pathways.
Looking Ahead
The February bulletin suggests that employment-based visa number consumption is proceeding as projected for FY2026. For China EB-1, expect continued modest monthly advances — perhaps one to two months per bulletin. For India EB-2, patience remains the only viable strategy. The queue moves, but at a pace measured in years, not months.
David Chen filed his adjustment of status application on January 20th, 2026. He received the receipt notice eleven days later. The waiting continues — but now, at least, he is waiting for something concrete to happen.
Priya Sharma updated her spreadsheet. The target moved from July 15, 2024 to July 15, 2025. She added a new column: "Years since priority date: 13." She closed the spreadsheet and went back to work.
This article is for general information only and is not legal advice. Immigration law is complex and fact-specific. For advice about your specific case, consult a qualified immigration attorney.
Sources & References
The following statutes, regulations, and policy guidance govern the employment-based immigrant visa categories and priority date system discussed in this article.
Statutory Authority
- Immigration and Nationality Act (INA) § 203(b)(1)-(3) — Employment-based preference categories and per-country limits
- INA § 201 — Numerical limitations on worldwide immigration
- INA § 245 — Adjustment of status of nonimmigrant to permanent resident
Regulatory Authority
- 8 CFR § 204.5 — Petitions for employment-based immigrants
- 8 CFR § 245.1 — Eligibility for adjustment of status
- 8 CFR § 245.2 — Application for adjustment of status
Policy Guidance
- USCIS Policy Manual, Vol. 7, Part A, Chapter 6 — Adjustment of status policies and procedures
- USCIS Policy Manual, Vol. 6, Part F, Chapter 2 — Extraordinary ability (EB-1A) adjudications
- Department of State, Foreign Affairs Manual (FAM), 9 FAM 502.1 — Visa bulletin and priority dates
Key Precedent
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) — NIW framework (relevant to EB-2 priority date planning)
This article reflects the February 2026 Visa Bulletin published by the U.S. Department of State. Visa bulletins are updated monthly. Readers should consult the most current bulletin for their case.
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Jinwen Liu
Managing Attorney
Jinwen Liu is the Managing Attorney at Yingzhong Law Offices, specializing in employment-based and investment immigration.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration laws and policies change frequently, and every case is different. For advice specific to your situation, consult a qualified immigration attorney. Past results do not guarantee similar outcomes. Attorney Advertising.
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