For thousands of Indian high-skilled professionals, the start of 2026 has brought a long-awaited “window of opportunity.” Following years of stagnation and concerns over a tightening immigration landscape, the U.S. Citizenship and Immigration Services (USCIS) has confirmed a major advancement in priority dates.
The Big Move: January 2026 Cut-off Dates
The January 2026 bulletin is particularly impactful for the EB-1 (Extraordinary Ability) and EB-5 (Investor) categories, which saw some of the largest jumps in recent history.
| Category | Chart A: Final Action Date | Chart B: Dates for Filing |
| EB-1 (India) | Feb 1, 2023 (Up ~1 year) | Aug 15, 2023 |
| EB-2 (India) | July 15, 2013 (Up 2 months) | Dec 1, 2013 |
| EB-3 (India) | Nov 15, 2013 (Up 2 months) | Aug 15, 2014 |
| EB-5 (India) | May 1, 2022 (Up 2 years) | May 1, 2024 |
Key Decision: USCIS has announced that for January 2026, applicants must use the Dates for Filing chart (Chart B) for adjustment of status filings. This allows those with slightly later priority dates to get their applications into the system sooner.
Why the Sudden Shift?
Immigration experts, including Michael Valverde, suggest this unexpected surge may be a strategic move by USCIS to prevent visa numbers from going unutilized.
- Low Utilization: Increased vetting and administrative delays in late 2025 resulted in fewer visas being issued than allocated.
- The “Window” Warning: Historically, large jumps in the first quarter of the year are often followed by retrogression (dates moving backward) later in the year. Attorneys are advising clients to file between January 1 and January 31 to lock in their spot.
Essential Filing Checklist for January
If your priority date is now current under Chart B, you must submit Form I-485 (Adjustment of Status). USCIS has recently tightened documentation rules to avoid “Requests for Evidence” (RFEs):
- Mandatory Medicals (Form I-693): You must submit your medical exam report in a sealed envelope with your I-485. Applications submitted without it may now be rejected immediately.
- Updated Form Editions: Ensure you are using the 01/20/25 version of Form I-485, which is mandatory as of 2026.
- EB-1A Documentation: For EB-1 applicants, ensure all “Extraordinary Ability” evidence is strongly developed, as vetting for this category has intensified.
- Birth & Marriage Certificates: If original birth certificates are unavailable (common for older Indian applicants), you must provide two “Affidavits of Birth” from older relatives along with a “Non-Availability Certificate” (NAC).
What This Means for H-1B/H-4 Holders
Filing the I-485 provides several immediate benefits even while the Green Card is pending:
- EAD & Advance Parole: You can concurrently file for work authorization and travel permits, providing a safety net if your H-1B employment changes.
- AC21 Portability: After 180 days of a pending I-485, many professionals gain the “portability” to switch employers more easily without restarting the Green Card process.