Final Action Dates
The Visa Bulletin directs adjustment applicants to use Final Action Dates for filing unless USCIS determines that Dates for Filing may be used.
Visa Availability • Form I-485 Filing
Which Visa Bulletin Chart Does USCIS Use?
An adjustment applicant cannot determine filing eligibility merely by opening the Department of State Visa Bulletin and choosing the chart with the better cutoff date.
USCIS determines which chart adjustment applicants may use for filing Form I-485. Depending on the month and category group, USCIS may require use of the Final Action Dates chart or may permit use of the Dates for Filing chart.
The correct chart must be checked for the specific month in which USCIS receives Form I-485. Never assume that last month's chart selection still applies.
Chart publisherDepartment of State
Filing-chart decisionUSCIS
FrequencyCheck every month
Legal reviewAugust 30, 2026
Direct Answer
Who Decides Which Chart Applies to Form I-485?
USCIS decides. The Department of State publishes both Final Action Dates and Dates for Filing in the Visa Bulletin. USCIS separately announces whether adjustment applicants may use the Dates for Filing chart or must use the Final Action Dates chart to determine filing eligibility.
The selection is not permanent. USCIS evaluates visa-number availability and known demand and can change which chart applies from one month to another.
The filing decision can also differ between family-sponsored and employment-based adjustment applicants.
Five-Step Process
How to Find the Correct Visa Bulletin Chart
Open the Visa Bulletin for the Filing Month
Use the Department of State bulletin corresponding to the month USCIS will receive the adjustment application.
Check USCIS's Adjustment Filing Chart Announcement
Determine whether USCIS instructs family-sponsored or employment-based applicants to use Final Action Dates or Dates for Filing.
Select the Correct Preference Category
Identify F1, F2A, F2B, F3, F4, EB-1, EB-2, EB-3, EB-4, EB-5, or another applicable preference classification.
Select the Correct Chargeability Column
Use the proper country or area of chargeability, ordinarily based on country of birth subject to cross-chargeability and other statutory rules.
Compare the Applicant's Priority Date
The priority date generally must be earlier than the listed cutoff unless the category is marked current.
Default Framework
Final Action Dates Are the Baseline Unless USCIS Permits Dates for Filing
Dates for Filing
When USCIS determines that sufficient visa numbers are available relative to known demand, it may announce that adjustment applicants can use the Dates for Filing chart instead.
Do not treat Dates for Filing as automatically available. It is usable for Form I-485 only when USCIS says it is usable for that category group and month.
Family vs. Employment
USCIS Can Make Separate Monthly Decisions
Family-Sponsored Adjustment
USCIS separately identifies which family-sponsored Visa Bulletin chart may be used for adjustment filing during the month.
Employment-Based Adjustment
USCIS separately identifies which employment-based chart may be used. The answer for employment cases need not match the answer for family cases.
A statement that “USCIS is using Dates for Filing this month” is incomplete unless it identifies whether the statement concerns family-sponsored cases, employment-based cases, or both.
Example
Why Checking Only the Department of State Bulletin Is Not Enough
| Step | Example finding | What it means |
|---|---|---|
| 1. Visa Bulletin | EB-2 Dates for Filing cutoff is January 1, 2024. | The chart exists, but this alone does not authorize an I-485 filing. |
| 2. USCIS announcement | USCIS requires employment applicants to use Final Action Dates. | The Dates for Filing cutoff cannot be used for adjustment filing that month. |
| 3. Final Action cutoff | EB-2 cutoff is July 1, 2023. | The applicant must compare the priority date to July 1, 2023 for filing eligibility. |
| 4. Applicant priority date | October 15, 2023. | The applicant cannot file under these hypothetical facts. |
All dates in this example are hypothetical. The actual Visa Bulletin and USCIS filing-chart announcement must be checked for the filing month.
Timing
Which Month Controls?
USCIS Receipt Month
The relevant chart generally is the chart authorized for the month in which USCIS receives the adjustment application.
End-of-Month Filings
A package delivered after the month changes may be evaluated under a different Visa Bulletin and different USCIS chart selection.
Dates Can Retrogress
A priority date that permits filing this month may not permit a new filing the following month if the applicable cutoff retrogresses.
Early Filing Risk
Using the Wrong Chart Can Cause Form I-485 Rejection
Not Properly Filed
If visa availability did not permit filing under the chart USCIS authorized, the adjustment package may be rejected rather than accepted as a valid I-485 filing.
Deadline Consequences
A rejection can be especially serious if the applicant was relying on a filing window that closes because of later Visa Bulletin retrogression.
Separate Eligibility Problems
Missing a valid filing date may also affect other strategies involving status maintenance, employment authorization, portability, or aging-out issues.
Verify the chart immediately before filing. Do not rely solely on a saved screenshot, prior month's bulletin, online forum, attorney newsletter, or third-party visa calculator.
Approval
The Filing Chart Does Not Replace Final Action Dates
USCIS Filing Chart
The monthly USCIS chart selection determines whether a preference applicant's priority date permits submission of Form I-485.
Final Visa Availability
Even if Dates for Filing allowed the I-485 to be accepted, final approval generally requires the priority date to be current under Final Action Dates.
Immediate Relatives
Not Every Adjustment Applicant Needs a Visa Bulletin Chart
Immediate relatives of U.S. citizens are not subject to the numerically limited family-preference waiting line. A visa is generally immediately available for a qualifying immediate relative, so the monthly preference cutoff charts do not control in the same way.
Spouse of U.S. Citizen
A qualifying spouse adjusting as an immediate relative does not wait for an F-category priority date to become current.
Parent of Adult U.S. Citizen
A qualifying parent of a U.S. citizen age 21 or older is also an immediate relative rather than a family-preference immigrant.
Qualifying Child of U.S. Citizen
An unmarried child under 21 who qualifies as an immediate relative is likewise outside the preference-category numerical queue.
A Complete Monthly Check
Information to Confirm Before Form I-485 Is Filed
| Question | Source |
|---|---|
| What is the applicant's priority date? | I-130, I-140, PERM, or other immigrant-petition records. |
| What is the immigrant preference category? | Immigrant petition and INA classification. |
| What is the country of chargeability? | Birth records and any applicable cross-chargeability rules. |
| What are this month's cutoff dates? | Department of State Visa Bulletin. |
| Which chart may adjustment applicants use? | USCIS monthly adjustment filing-chart announcement. |
| Is the priority date earlier than the cutoff? | Compare the applicant's date with the designated chart. |
Common Errors
Mistakes When Choosing the USCIS Filing Chart
Using Dates for Filing Automatically
The chart cannot be used merely because the Department of State publishes it.
Checking Only Once
USCIS can change chart selection from month to month.
Mixing Family and Employment
The chart selected for family-sponsored cases may differ from the one selected for employment-based cases.
Using Next Month Too Early
An upcoming Visa Bulletin generally does not permit filing before the month for which it is effective.
Ignoring Delivery Date
A package expected at the end of the month can become problematic if received after a new month's filing rules take effect.
Assuming Filing Chart Controls Approval
Final approval remains subject to final visa-number availability.
Primary Sources
Where to Verify the Correct Chart
Related INA245 Guides
Continue the Visa-Availability Analysis
Frequently Asked Questions
USCIS Visa Bulletin Chart FAQs
Does USCIS always use Dates for Filing?
No. USCIS determines each month whether adjustment applicants may use Dates for Filing or must use Final Action Dates.
Can USCIS use different charts for family and employment cases?
Yes. USCIS makes separate chart determinations for family-sponsored and employment-based adjustment filings.
Can I use whichever Visa Bulletin chart has the later date?
No. The controlling chart for adjustment filing is the chart designated by USCIS for the applicable month and category group.
Do I need to check the USCIS chart every month?
Yes when determining current filing eligibility. USCIS may change the chart selection from one month to another.
Which month's chart applies if USCIS receives my I-485 next month?
The filing generally must satisfy visa-availability requirements applicable when USCIS receives the application. End-of-month filings therefore require careful timing.
If USCIS lets me use Dates for Filing, does that mean my green card can be approved?
Not necessarily. Final approval generally requires the priority date to be current under the Final Action Dates chart.
Form I-485 Filing Date
Schedule a ConsultationWhich Chart Controls Your Adjustment Filing?
The Messersmith Law Firm, P.A. reviews the current Visa Bulletin, USCIS monthly filing-chart designation, priority date, preference category, chargeability, and filing timing before Form I-485 is submitted.
Legal content reviewed August 30, 2026. USCIS Visa Bulletin chart selections and Department of State cutoff dates change monthly and must be verified for the month in which Form I-485 is filed.