1 Research Ct., Ste 450, Rockville, MD 20850, USA
February 2026 🔹 Visa Bulletin
The U.S. Department of State has released the February 2026 Visa Bulletin, the fifth bulletin of fiscal year 2026.
FEBRUARY 2026 Visa Bulletin – Dates
🔹Employment-Based VISA CATEGORIES
🔹Employment-Based VISA CATEGORIES
🔹Employment-Based VISA CATEGORIES
The worldwide annual limit for employment-based immigrants remains at least 140,000 visas. For February 2026, USCIS has confirmed that Dates for Filing govern adjustment-of-status eligibility. Always confirm eligibility before filing. All other countries refers to all chargeability countries except those listed..
🔹 EB-1 Priority Workers
EB-1st Preference: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
- Final Action Dates (Approval Stage)
All Other Countries – Current
China – 01 Feb 2023
India – 01 Feb 2023 - Dates for Filing (When You May File)
All Other Countries – Current
China – 01 Aug 2023
India – 01 Aug 2023
🔹 EB-2 Advanced Degree / Exceptional Ability (including NIW)
EB-2nd Preference: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
- Final Action Dates (Approval Stage)
All Other Countries – 01 Apr 2024
China – 01 Sep 2021
India – 15 Jul 2013 - Dates for Filing (When You May File)
All Other Countries – 15 Oct 2024
China – 01 Jan 2022
India – 01 Dec 2013
🔹 EB-3 Professionals & Skilled Workers
EB-3rd Preference: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which may be allocated to “Other Workers.”
- Final Action Dates (Approval Stage)
All Other Countries – 01 Jun 2023
China – 01 May 2021
India – 15 Nov 2013 - Dates for Filing (When You May File)
All Other Countries – 01 Oct 2023
China – 01 Jan 2022
India – 15 Aug 2014
🔹 EB-3 Other Workers
- Final Action Dates (Approval Stage)
All Other Countries – 01 Sep 2021
China – 08 Dec 2018
India – 15 Nov 2013 - Dates for Filing (When You May File)
All Other Countries – 01 Dec 2021
China – 01 Oct 2019
India – 15 Aug 2014
🔹 EB-4 Special Immigrants (including SIJS)
EB-4th Preference: 7.1% of the worldwide level.
- Final Action Dates (Approval Stage)
All Countries – 01 Jan 2021 - Dates for Filing (When You May File)
All Countries – 15 Mar 2021 - ⚠ The non-minister religious worker program expired September 29, 2025 and has not been extended as of February 2026. The minister category remains permanent and unaffected.
🔹 EB-5 Investors
EB-5th Preference: Employment Creation accounts for 7.1% of the worldwide level, of which 32% are reserved (20% rural, 10% high-unemployment, 2% infrastructure). The remaining 68% are unreserved.
— EB-5 Unreserved
- Final Action Dates (Approval Stage)
All Other Countries – Current
India – 01 May 2022
China – 15 Aug 2016 - Dates for Filing (When You May File)
All Other Countries – Current
India – 01 May 2024
China – 22 Aug 2016
— EB-5 Set-Aside Categories
(Rural, High Unemployment, Infrastructure)
- Final Action Dates: Current worldwide
- Dates for Filing: Current worldwide
🔹Family-based CATEGORIES
🔹Employment-Based VISA CATEGORIES
🔹Employment-Based VISA CATEGORIES
The statutory family-sponsored annual limit for FY 2026 is 226,000 visas, with per-country limits applying to oversubscribed nations such as China, India, Mexico, and the Philippines. All other countries refers to all chargeability countries except those listed.
Notes for Understanding:
- Immediate relatives are not subject to annual visa limits. For purposes of immigration law, "immediate relatives" are spouses, unmarried children under 21, and parents of U.S. citizens 21 or older.
- A U.S. citizen aged 21 or older can file an I-130 for a parent as an “immediate relative.”
- A lawful permanent resident cannot petition for a parent at all.
- A minor U.S. citizen (under 21) also cannot file an I-130 for a parent.
USCIS has confirmed that Dates for Filing govern adjustment-of-status eligibility for February 2026. Always confirm eligibility before filing.
🔹 F1 – Unmarried sons and daughters of U.S. citizens
- Final Action Dates (Approval Stage)
All Other Countries: 08 Nov 2016
Mexico: 22 Dec 2006
Philippines: 01 Mar 2013 - Dates for Filing (When You May File)
All Other Countries: 01 Sep 2017
Mexico: 01 Dec 2007
Philippines: 22 Apr 2015
🔹 F2A – Spouses and children of permanent residents
Final Action Dates (Approval Stage)
All Other Countries: 01 Feb 2024
Mexico: 01 Feb 2023
Dates for Filing (When You May File)
All Countries: 22 Jan 2026
🔹 F2B – Unmarried sons and daughters (21+) of permanent residents
- Final Action Dates (Approval Stage)
All Other Countries: 01 Dec 2016
Mexico: 15 Feb 2009
Philippines: 22 Dec 2012 - Dates for Filing (When You May File)
All Other Countries: 15 Mar 2017
Mexico: 15 Feb 2010
Philippines: 01 Oct 2013
🔹 F3 – Married sons and daughters of U.S. citizens
- Final Action Dates (Approval Stage)
All Other Countries: 08 Sep 2011
Mexico: 01 May 2001
Philippines: 01 Mar 2005 - Dates for Filing (When You May File)
All Other Countries: 22 Jul 2012
Mexico: 01 Jul 2001
Philippines: 01 Feb 2006
🔹 F4 – Brothers and sisters of U.S. citizens
- Final Action Dates (Approval Stage)
All Other Countries: 08 Jan 2008
India: 01 Nov 2006
Mexico: 08 Apr 2001
Philippines: 22 Jul 2006 - Dates for Filing (When You May File)
All Other Countries: 01 Mar 2009
India: 15 Dec 2006
Mexico: 30 Apr 2001
Philippines: 15 Jan 2008
FEBRUARY 2026 Summary & Insights
KEY TAKEAWAYS
Strategic Insights for Clients & Employers
Strategic Insights for Clients & Employers
USCIS Adjustment of Status Chart Selection
USCIS has confirmed that Dates for Filing (Chart B) govern adjustment-of-status eligibility for February 2026 for both family-sponsored and employment-based preference categories. Applicants whose priority dates are earlier than the Chart B cut-off dates may file Form I-485 this month, even if a visa number is not yet available under Final Action Dates.
Family-Sponsored Categories
Family-based backlogs remain significant, particularly for Mexico and the Philippines. February 2026 saw limited but targeted movement:
- F2A (spouses and minor children of permanent residents): advanced by one month for all countries
- F1 (Mexico) and F2B (Mexico): advanced by approximately three months
- F3 and F4: no movement this month
While overall progress remains slow, movement in F2A is notable because it directly affects eligibility to file adjustment of status under Chart B.
Employment-Based Categories
Most employment-based categories remained stable in February 2026.
- EB-3 (professionals and skilled workers): Dates for Filing advanced for All Other Areas, Mexico, and the Philippines
- EB-1 (China and India): experienced minor retrogression in Final Action Dates
- EB-2, EB-4, and EB-5: showed no meaningful change
India and China continue to face the most severe employment-based backlogs, particularly in EB-2 and EB-3.
SIJS (EB-4)
Special Immigrant Juvenile Status cases remain viable under EB-4 following reopening after extended unavailability in prior periods. Applicants with approved I-360 petitions and qualifying priority dates may continue to pursue adjustment of status where otherwise eligible. Careful timing remains essential due to ongoing backlogs.
EB-5 (Investors)
Unreserved EB-5 categories for India and China remain backlogged. EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) continue to be current worldwide under both charts.
Diversity Visa (DV-2026)
The DV-2026 program remains active, subject to reduced annual limits due to statutory offsets.
Religious Workers (EB-4 Non-Minister)
The non-minister religious worker category remains unavailable in February 2026 following expiration of prior authorization. No new filings or visa issuances are permitted absent further congressional action. The minister category remains permanent and unaffected.
Action Step
Foreign nationals and employers should verify current filing eligibility under the Dates for Filing chart and act promptly before potential retrogressions later in FY 2026.
Strategic Insights for Clients & Employers
Strategic Insights for Clients & Employers
Strategic Insights for Clients & Employers
- February 2026 reflects a generally stable filing environment, despite limited retrogression in select categories. USCIS’s use of the Dates for Filing chart allows eligible applicants to proceed with filings even where final approval remains constrained.
- EB-1 continues to represent the fastest employment-based pathway for researchers, artists, entrepreneurs, and executives with extraordinary ability or multinational credentials, notwithstanding minor retrogression for China and India.
- EB-2 NIW (National Interest Waiver) remains a strong self-petition option for advanced-degree professionals and individuals in STEM fields, particularly where employer sponsorship is not feasible.
- EB-2 and EB-3 applicants from India and China should plan carefully to maintain valid nonimmigrant status and assess whether reclassification to EB-1A or NIW is strategically viable based on credentials and evidence.
- SIJS beneficiaries, following extended periods of unavailability, continue to have a viable adjustment path under EB-4, though timing remains critical given ongoing backlogs and sensitivity to visa availability.
- Religious organizations should continue monitoring congressional action closely. Non-minister religious worker filings remain unavailable absent reauthorization.
- Employers should review both Final Action Dates and Dates for Filing before initiating PERM recruitment or I-140 filings in early 2026, particularly where workforce planning depends on future adjustment eligibility.
Copyright © 2025 Kennedy Law, LLC - All Rights Reserved.
DISCLAIMER: This website provides general information about immigration rules and eligibility. It is not legal advice, tax advice, or a substitute for individualized consultation. Immigration outcomes depend on your specific circumstances. For advice tailored to your case, schedule a consultation with Kennedy Law.
- Home
- About KL
- Schedule / Contact Us
- Locations
- Employment Visa Types
- O, P, EB, NIW
- EB-1A
- EB-2 NIW
- Physicians RNs Healthcare
- J Waivers
- E2 Investor Work Visas
- H1B Cap-Exempt Healthcare
- H-1B $100K Fee
- B-1/2 compared to ESTA
- F-1 Student Reinstatement
- Naturaliztn & Citizenship
- Family-Based Immigration
- Inmigración Familiar
- SIJS
- SIJS Espanol
- SIJS Updates & Work EAD
- Actualización SIJS 2025
- DACA
- DACA Espanol
- Deportation & Asylum
- Contra la Deportación
- Visa Bulletin Feb 2026
- Visa Bulletin -How To Use
- Resources - Public Charge
This website uses cookies.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.