Under the Immigration and Nationality Act (INA), employment-based immigrant visas are subject to an annual worldwide limit of at least 140,000 visas, with a 7% per-country cap. When visa demand for a category or country exceeds these limits, the Department of State imposes cut-off dates, which the Visa Bulletin expressly states indicate oversubscription. These cut-off dates are the basis for what is commonly referred to as a “visa backlog.”
For February 2026, the Visa Bulletin continues to list Final Action Date cut-offs for several employment-based categories:
India remains significantly backlogged, with Final Action Dates in 2013. China continues to face backlogs as well, with Final Action Dates in 2021.
Both India and China remain subject to extended queues, again reflected by Final Action Dates several years in the past.
The presence of these dates means that applicants with later priority dates must wait until additional visa numbers become available in future fiscal years.
For February 2026, U.S. Citizenship and Immigration Services has confirmed that employment-based applicants may use the Dates for Filing chart to submit Form I-485 adjustment of status applications. However, case approvals remain governed by the Final Action Dates published by the Department of State.
As a result, while some applicants may be able to file applications earlier, final green card approval will still be delayed until the applicable Final Action Date becomes current.
Employment-based backlogs continue due to structural factors outlined in the Visa Bulletin itself, including:
Absent legislative changes to visa numbers, these backlogs are expected to remain a feature of the employment-based system.
The February 2026 Visa Bulletin confirms that employment-based immigrant visa backlogs remain in place, particularly for India and China. Applicants and employers should plan immigration strategies with realistic timelines and closely monitor monthly Visa Bulletin updates or contact the Law Office of Thomas V. Allen for personalized guidance and legal support.
Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.
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