Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the February 2026 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the new year.
USCIS Adjustment of Status
For adjustment of status filings to permanent residence in the month of February, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the February 2026 Visa Bulletin
At a Glance
What can we expect to see in the month of February?
Employment-Based Categories
Final Action Advancements
EB-3 Professionals and Skilled Workers
Except India and China, all countries will advance by 5.7 weeks to June 1, 2023
Dates for Filing Advancements
EB-3 Professionals and Skilled Workers
Except India and China, all other countries will advance by 3 months to October 1, 2023
Overstaying a U.S. visa can feel overwhelming—but it doesn’t always mean your options are gone. In fact, there are legal pathways that may allow certain individuals to remain in the United States even after a visa has expired.
In this post, we’ll break down three lawful options, explain who they may apply to, and clarify common misconceptions—so you can better understand your situation and make informed decisions.
Legal Options After a U.S. Visa Expiration
Option #1 Marriage to a U.S. Citizen
Marriage to a U.S. citizen is one of the most common legal options for individuals who have overstayed a visa. Under U.S. immigration law, spouses of U.S. citizens are considered “immediate relatives,” which means they may be eligible to apply for lawful permanent residence (a green card) from within the United States, even if they later overstayed their visa.
This process typically involves filing several immigration forms, submitting proof that the marriage is bona fide (such as shared finances or living arrangements), completing a medical exam, and attending an in-person interview with U.S. Citizenship and Immigration Services (USCIS).
While a visa overstay is often forgiven, recently there has been an increase in immigration enforcement actions where spouses of U.S. citizens have been detained due to visa overstays, during their marriage-based green card interviews.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2026 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the new year.
USCIS Adjustment of Status
For adjustment of status filings to permanent residence in the month of January, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the January 2026 Visa Bulletin
At a Glance
What can we expect to see in the month of January?
Employment-Based Categories
Final Action Advancements
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
EB-1 India will advance by 10 months to February 1, 2023
EB-1 China will advance by 10 days to February 1, 2023
EB-2 Members of the Professions and Aliens of Exceptional Ability
EB-2 India will advance by 2 months to July 15, 2013
EB-2 China will advance by 3 months to September 1, 2021
All other countries will advance by 2 months to April 1, 2024
EB-3 Professionals and Skilled Workers
EB-3 India will advance by 1.8 months to November 15, 2013
EB-3 China will advance by 1 month to May 1, 2021
All other countries will advance by 1 week to April 22, 2023
EB-3 Other Workers
EB-3 India will advance by 1.8 months to November 15, 2013
EB-3 China will advance by 1 year to December 8, 2018
All other countries will advance by 1 month to September 1, 2021
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of December.
USCIS Adjustment of Status
For adjustment of status filings to permanent residence in the month of December, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the December 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of December?
Employment-Based Categories
Final Action Advancements
EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives
India will advance by one month to March 15, 2022
China will advance by one month to January 22, 2023
All other countries remain current
EB-2 Members of the Professions and Aliens of Exceptional Ability
India will advance by six weeks to May 15, 2013
China will advance by two months to June 1, 2021
All other countries will advance by 2 months to February 1, 2024
EB-3 Professionals and Skilled Workers
India will advance by one month to September 22, 2013
China will advance by one month to April 1, 2021
All other countries will advance by two weeks to April 15, 2023
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the November 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of November.
USCIS Adjustment of Status
For adjustment of status filings to permanent residence in the month of November, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the November 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of November?
Employment-Based Categories
There are no changes to the Dates for Filing and Final Action charts for the employment-based categories when compared to the October Visa Bulletin.
Family-Sponsored Categories
Final Action Advancements
F2B Worldwide, China, and India will advance by 9 days to December 1, 2016
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the September 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of September.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of September.
What can we expect to see in the month of September?
Employment-Based Categories
There will be no changes to the employment-based Final Action Dates and Dates for Filing for the month of September.
The Visa Bulletin contains an important note that says the Visa Office expects to reach the FY 2025 annual limit for most employment-based categories during August and September. When this occurs, affected categories will become “unavailable” and no visas will be issued.
In a significant shift in immigration policy, U.S. Citizenship and Immigration Services (USCIS) now has the authority to deny green card applications outright—without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
In this video, attorney Jacob Sapochnick explains how this new change empowers USCIS officers to make immediate decisions when an application lacks sufficient initial evidence, potentially leaving applicants with fewer opportunities to correct mistakes or provide missing documentation.
This makes the application process more unforgiving and raises the stakes for submitting a thorough and complete green card application from the start. Here’s what you need to know about how this policy could impact your green card journey, and more importantly how to protect yourself.
What’s changed?
Previously, when a green card application was submitted with missing or insufficient information, USCIS would typically issue a Request for Evidence (RFE). This notice outlined the specific issues or missing documents and gave the applicant a chance to respond and provide the necessary information to support their case by the specified deadline.
The RFE process served as a safeguard, allowing applicants to correct honest mistakes or oversights before a final decision was made on their application.
Now, that safeguard is no longer guaranteed. Under new USCIS policies, officers can deny green card applications outright if they determine the initial submission lacks sufficient evidence, without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).
In this video, attorney Jacob Sapochnick explains why immigrant visa numbers are no longer available for certain visa categories for the rest of fiscal year 2025, as the annual limit on visa issuances has already been reached, well before the fiscal year’s end on September 30.
This news affects workers awaiting green card approval, employers navigating sponsorship timelines, and helps green card applicants manage their expectations.
In this blog post, we’ll break down what this means, why it happened, and what those affected can expect moving forward as the immigration system resets on October 1st for the next fiscal year.
What is visa number management in immigration?
First, let’s discuss visa number management in immigration.
This refers to the process by which the U.S. government tracks and allocates the limited number of immigrant visa numbers available each fiscal year. These numbers are divided across various categories, including family-based and employment-based immigration, and are subject to annual limits on visa issuance set by Congress.
Why are there annual limits on visas?
Proper visa number management ensures that the limited supply of visas is distributed fairly and efficiently among the various visa categories and countries each year. It also helps the government plan and monitor immigration flows, while giving applicants and employers a clearer picture of potential wait times and availability.
Who manages visa issuance?
The U.S. Department of State, in coordination with U.S. Citizenship and Immigration Services (USCIS), is responsible for issuing annual visa numbers. Each month, the State Department publishes the Visa Bulletin, which outlines visa number availability and priority date cutoffs, helping applicants determine when they may proceed with their green card applications.
Since the demand for visas significantly exceeds the annual supply, the State Department imposes “cutoff dates” where individuals must wait in line for a visa. Typically, the majority of visa categories reach their limits by the summer months. When this occurs, no additional visas can be issued until the start of the new fiscal year on October 1st.
On July 15, 2025, U.S. Congresswoman Maria Elvira Salazar introduced the Dignity Act of 2025 known as H.R. 4393, a bipartisan immigration bill that aims to strengthen border security in the United States, provide certain undocumented immigrants with an opportunity to legalize their status, and reform the U.S. legal immigration system.
The bill is a revised version of the Dignity Act of 2023 and has been introduced in the House of Representatives.
In this video, attorney Jacob Sapochnick breaks down each section of the Dignity Act touching on the bill’s major goals such as:
Border Security and Enforcement
Reform of the Asylum System
Legalization for Dreamers and Other Undocumented Immigrants
Benefits for American Workers and
Modernizing Legal Immigration
Border Security and Enforcement
The bill’s first major goal is to decrease illegal immigration with several measures aimed at strengthening border security and immigration enforcement. The bill would mandate the nationwide implementation of E-Verify to ensure that only authorized individuals are employed in the U.S., helping to deter illegal immigration through the workforce.
U.S. employers would face civil penalties for knowingly hiring individuals who are not legally authorized to work in the United States, as well as new penalties for employees and employers who knowingly submit false information through E-Verify.
The bill also funds the construction and modernization of physical and technological border infrastructure, including surveillance systems and sensors to improve detection and response capabilities at the border. Approximately $10 billion would be distributed until 2030 for the construction and modernization of ports of entry. To promote accountability, the Act includes oversight requirements for immigration enforcement agencies like ICE. Together, these provisions are designed to improve border control, discourage unlawful entry, and restore public trust in the immigration system.
Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the August 2025 Visa Bulletin.
In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of August.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of August.
Immigration Lawyer Blog
