This news isn’t directly about employment-based visas, but the update is significant enough to share: for many of our clients and forum readers it may affect family planning, filing strategy, and the overall understanding of how numbers are moving in the system. If you or loved ones have an open F2A petition — now is a good time to check plans.
The State Department’s April Visa Bulletin brought a rare event: the F2A category (spouses and unmarried minor children of green card holders) became Current on the Dates for Filing chart for all countries. The May bulletin confirmed this window — F2A remains Current for a second consecutive month, and USCIS continues to use the Dates for Filing chart for family categories. That means I-485 can be filed right now, regardless of priority date.
Why this is a historic moment: the last time F2A was Current on the Dates for Filing chart was briefly in late 2022, after which the category retrogressed for more than three years.
What this means in practice for those in the U.S. with an approved (or concurrently filed) I-130 under F2A:
-– you can file I-485 and lock in your place in line; along with it you can file I-765 (EAD — work authorization) and I-131 (advance parole — travel authorization) — even if the dates later retrogress, a filed I-485 remains in process, and EAD and AP will continue to be extended. The Final Action Date for F2A currently stands at August 1, 2024 — USCIS issues the green card based on that date, but for filing the I-485 this is not an obstacle now.
Important nuance about status: to file AOS (adjustment of status) the applicant must be in the U.S. in a valid legal status. If status has expired — AOS under F2A is unavailable (unlike the immediate relatives category, which covers spouses of U.S. citizens).
Why dates are moving forward. The State Department’s bulletin explicitly states: because issuance of immigrant visas abroad has fallen, numbers have freed up and are being redirected to AOS within the U.S. The movement of dates is a consequence of stricter immigration policy, not its loosening. The same bulletin warns: if demand rises or restrictions are lifted, dates could retrogress back toward the end of the fiscal year (September 30, 2026). The window is time-limited — the fact that it has held for a second month is not a guarantee it will hold for a third.
If you have an approved I-130 under F2A or are planning to file — this is exactly the moment to review the situation individually. We handle family and employment-based cases at all stages.
Maxim Michaeli, Esq.