DOS Releases April 2026 Visa Bulletin

DOS recently released the April Visa Bulletin. Due to the various presidential proclamations and DOS policy restricting immigrant visa issuance for nationals of certain countries, the number of visa numbers being used is lower than expected. As such, DOS has advanced the dates for filing and final action dates across various immigrant visa categories. Of course, as additional immigrant visa demand materializes due to the advanced movement in the visa bulletin, and if the administration alters its policies, retrogression may be necessary later in the fiscal year to keep visa number issuances within annual limits.

USCIS has stated that for the month of April, family- and employment-based applicants may use the Dates for Filing charts.

Two items are particularly significant in the April Visa Bulletin: 1) the employment-based EB-2 category was designated current for Final Action for nationals of all countries except China and India, and 2) the EB-3 category was designated current for Early Filing for nationals of all countries except China, India, and the Philippines. This means that all applicants, except those born in China, India, or the Philippines, with a pending or approved EB-3 I-140 can file an I-485 adjustment of status application starting April 1, 2026. For those in the EB-2 category, USCIS may issue a green card starting April 1, 2026, if you have an approved EB-2 I-140 and have already filed an I-485 adjustment of status application. In addition, if you were planning to file an EB-2 or EB-3 I-140 in April, a concurrent I-485 filing may also be made. Although the adjustment of status application cannot be approved until your priority date is current under the Final Action Dates chart, early filing allows you to have your green card application in queue for possibly faster adjudication in the future. An application for Advance Parole and/or an Employment Authorization Document (work permit) can also be filed with an I-485 application.

Other notable movement in the April Visa Bulletin:

· EB-2 Final Action Date moves forward to July 15, 2014, for India

· EB-3 Final Action Date moves forward by eight months to June 1, 2024, for all countries except China, India, and the Philippines

· EB-4 Final Action Date moves forward by one year for all countries

· EB-2 and EB-3 Early Filing Dates for India move forward by several months

· F2A Early Filing Date is set as Current for all countries

DOL Publishes Proposed Rule Amending Methodology for Computing Prevailing Wage Levels

On March 27, 2026, DOL published a proposed rule modifying the methodology used to determine prevailing wage levels based on the Occupational Employment and Wage Statistics (OEWS) wage survey administered by the Department’s Bureau of Labor Statistics.

Specifically, DOL proposes to increase the prevailing wage floors for Wage Level 1 from the 17th percentile to the 34th percentile, for Wage Level II from the 34th to the 52nd, for Wage Level III from the 50th to the 70th, and for Wage Level IV from the 67th to the 88th, relying upon wage data provided by the OEWS survey. According to the proposed rule, the new methodology better accounts for experience, education, and level of supervision in determining wage levels. If the rule becomes final, the required wage for H-1B, H-1B1, E-3, and PERM filings will increase, impacting some employers and their ability to sponsor foreign workers.

DOS Expands Screening and Vetting of Visa Applicants

On March 25, 2026, DOS announced an expansion of its on-line presence review to include applicants in the following nonimmigrant visa classifications: A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U. The new on-line vetting is effective March 30, 2026.

F, M, J, and H-1B applicants and their dependents are already subject to the additional screening and vetting conducted by DOS. Applicants are instructed to adjust the privacy settings on all of their social media profiles to “public” or “open.” Visa applicants in the affected categories should plan for potential delays in visa processing resulting from the additional on-line presence review.

DOS Lengthens Expected Response Time for INA 212(d)(3) Waivers

On March 9, 2026, DOS published a revision to the Foreign Affairs Manual which expands the response time for INA 212(d)(3) waivers submitted to the CBP Admissibility Review Office from 180-240 days to “usually 365 days.” Nonimmigrant visa applicants who will need an INA 212(d)(3) waiver should plan for an extended waiting period before obtaining a decision on their waiver request.