The 90 day rule in immigration - changing status after you enter on a B-1/B-2
9 mins read | Sep 15, 2026
Update, May 2026 USCIS policy memo. On May 21, 2026, USCIS issued memo PM-602-0199. Form I-485 adjustment of status inside the U.S. is now treated as a discretionary form of relief reserved for cases with unusual or outstanding equities, not an automatic next step once a visa number is available. The heightened standard applies to every pending I-485, regardless of when it was filed. Consular processing abroad is positioned as the default green card path going forward.
What this means for the Final Action Date: the Final Action Date still controls when a visa number is available for your case. It no longer controls whether USCIS will approve an I-485 once filed, since approval now requires a separate discretionary review. The date remains the gate, not the guarantee. If you're weighing an I-485 vs going through a U.S. consulate abroad, talk to an attorney about which path fits your record.
Last reviewed: May 27, 2026.
What is the Final Action Date in the Visa Bulletin?
The Final Action Date is the cutoff date in the Visa Bulletin that determines when USCIS or a U.S. consulate can issue a green card (or approve an adjustment of status) in your category and country. If your priority date is earlier than the Final Action Date for your row, a visa number is available. If your priority date is on or after the cutoff date, you keep waiting. The Final Action Date sits in one of two charts in the monthly Visa Bulletin and is the more restrictive of the two cutoffs USCIS and the State Department publish.
Where to find the Final Action Date in the Visa Bulletin
The Visa Bulletin is published by the U.S. Department of State, Bureau of Consular Affairs, and posted monthly on travel.state.gov. The bulletin has both family-based and employment-based sections. Tukki readers care about the employment-based section, which sits below the family-based one.
Locating the employment-based Final Action Dates chart
Scroll past the family-based charts to the section titled "Employment-Based Preferences." You'll see two tables side by side. The first one is labeled "A. FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES." That's the chart this guide is about.
The Final Action Dates chart shows the cutoff date for each combination of preference category (EB-1 through EB-5) and country of chargeability (All Other Countries, China-mainland born, El Salvador / Guatemala / Honduras grouped, India, Mexico, Philippines). The other chart, "B. DATES FOR FILING," uses a different cutoff that we cover later in this guide.
Reading the row for your category and country
Find your preference category in the leftmost column. For an approved EB-1A, you're in the EB-1 row; for an approved EB-2 NIW, you're in the EB-2 row. Then move right to find the column for your country of chargeability, which is usually your country of birth (not citizenship).
The cell at the intersection of your row and column is the Final Action Date for that month. It's printed in DDMMMYYYY format (for example, "01JAN2014"). Compare it to your own priority date: if your priority date is earlier than the cutoff, you're current under the Final Action Date.
What it means when your priority date is before the Final Action Date
When your priority date is before the Final Action Date, a visa number is available for your case. For an applicant already with an I-485 on file at USCIS, that means USCIS can act on your case now (subject to the May 2026 discretionary review). For an applicant going through consular processing abroad, that means the U.S. consulate can issue the immigrant visa once the consular case is otherwise ready.
For an applicant who hasn't yet filed an I-485 or moved through consular processing, being "current" on the Final Action Date means you can move forward, but only if USCIS has announced it's using the Final Action Dates chart for I-485 filings that month. If USCIS is using the Dates for Filing chart instead, that chart governs whether you can file. We'll get to the chart-selection mechanic shortly.
Final Action Date vs Date for Filing: which one matters for you?
The two charts in the bulletin do different things, and confusion between them is the most common source of frustration for people learning to read the Visa Bulletin.
| Chart | What it controls | When it applies |
|---|---|---|
| Final Action Dates (FAD) | When a U.S. consulate can issue the green card. Also the visa-availability gate USCIS uses to act on an I-485 once filed (separate from the May 2026 discretionary approval review). | Used by consulates abroad and for I-485 approvals; sometimes used as the I-485 filing chart |
| Dates for Filing (DFF) | When you can submit your I-485 adjustment of status application | Used as the I-485 filing chart only when USCIS announces it for that month |
The Dates for Filing chart is usually ahead of the Final Action Dates chart. That means when USCIS uses the Dates for Filing chart for I-485 filings, more people can file earlier and unlock EAD and Advance Parole. When USCIS uses the Final Action Dates chart for I-485 filings, fewer people can file. Both charts can shift month to month, and both are part of the same monthly Visa Bulletin release.
For consular processing abroad, the State Department's National Visa Center generally uses the Dates for Filing chart to schedule interviews and the Final Action Dates chart to issue the immigrant visa.
How USCIS decides which chart applies each month
USCIS picks between the Final Action Dates chart and the Dates for Filing chart for I-485 filings every month. The decision is based on how much capacity USCIS has and how the State Department is forecasting visa availability for the rest of the fiscal year. If demand looks high, USCIS uses the more restrictive Final Action Dates chart. If there's room in the system, USCIS uses the Dates for Filing chart to let more people file early.
USCIS posts its monthly chart selection at the visa availability and priority dates page, usually within a day or two of the State Department's bulletin release. Always check that USCIS page before assuming which chart governs your filing this month.
Which visa is the best for you?Get matched with visa options based on your profile and current situation using our free tool.
Why the Final Action Date can move forward, stall, or retrogress
Final Action Dates aren't fixed. They shift month to month based on actual demand against the available visa supply. Three patterns show up: forward movement, stalled dates, and retrogression.
Forward movement and spillover
Final Action Dates move forward when the State Department determines that more visa numbers are available than current demand requires. Spillover is one driver: unused family-based numbers fall to EB-1 at the start of each fiscal year, and unused EB-1, EB-4, and EB-5 numbers cascade down to EB-2 and EB-3 if not used during the year. Fiscal year resets on October 1, which often produces big jumps in dates that month.
Stalled dates
A stalled date holds steady for one or more months without forward movement. Stalling usually happens when demand is matched closely to supply, often mid-fiscal-year (January through April), and the State Department doesn't want to advance dates and then have to pull them back. For India and China in heavily backlogged categories, stalling is more common than steady movement.
Retrogression (priority dates moving backward)
Retrogression is when the Final Action Date moves backward, pushing applicants out of "current" status who were current the previous month. Retrogression happens when too many applicants have filed against the available visa supply, often late in the fiscal year (July, August, September). The State Department uses retrogression to control issuance so they don't exceed the annual quota. Retrogression usually clears when the new fiscal year starts October 1.
For a detailed walkthrough of the underlying mechanics, watch for the companion piece on why the Visa Bulletin gets stuck.
Worked example: reading a Final Action Date for EB-2 India
One example makes the rule click. Suppose the May 2026 Final Action Dates chart shows 01NOV2013 in the EB-2 India cell. That cutoff means a visa number is available only for EB-2 India applicants whose priority date is before November 1, 2013.
Priya has a priority date of October 10, 2013. Her date is before the November 1, 2013 cutoff, so she is current. If USCIS is using the Final Action Dates chart for I-485 filings that month, she can file now (and if her I-485 is already pending, USCIS can act on it, subject to the May 2026 discretionary review).
Raj has a priority date of June 1, 2014. His date is after the November 1, 2013 cutoff, so he is not current. He has to wait until the EB-2 India Final Action Date advances past June 1, 2014. Based on typical India EB-2 movement, that wait could be years.
The rule is just a date comparison: is your priority date before the Final Action Date for your row? Which chart USCIS uses and which actions you can take all follow from that one comparison.
For a deeper walkthrough of how to read every column and row on the bulletin, see our how to read the Visa Bulletin guide. For an EB-1A-specific view of priority dates and India waits, see our EB-1 processing time for India guide. Switching from EB-2 NIW to EB-1A changes which row you read on the bulletin, and that swap can shorten a multi-year wait when the EB-1A column is current and EB-2 is backlogged.
Tukki is a U.S. immigration provider focused on employment-based green cards, including EB-1A extraordinary ability, EB-2 NIW, and PERM-based EB-2 and EB-3 filings. Our licensed immigration attorneys track Final Action Dates with you, file the I-140 and I-485, and give you a clear view of where your case sits each month.