EB-2 Priority Date for China: November 2026 Dates and the EB-3 Comparison

Reviewed by: Beth Persky, Esq.

The EB-2 priority date for mainland China-born applicants in the November 2026 Visa Bulletin is October 1, 2021 on the Final Action Dates chart and January 1, 2023 on the Dates for Filing chart, unchanged from October 2026. USCIS lists the Dates for Filing chart for all employment-based adjustment of status filings in November 2026 on its Adjustment of Status Filing Charts page, so a China-born EB-2 applicant in the United States with a priority date earlier than January 1, 2023 may be able to file Form I-485 in November 2026 if otherwise eligible. USCIS can approve that application only when the priority date is earlier than the EB-2 China Final Action Date in effect in the month of approval. For November 2026, that Final Action Date is October 1, 2021.

What is the EB-2 priority date for China in November 2026?

For EB-2, mainland China-born, the November 2026 Visa Bulletin lists:

For context, the November 2026 EB-2 Final Action Date for All Chargeability Areas, Mexico, and the Philippines is April 1, 2025. The Department of State had moved those columns back to January 1, 2025 in October 2026, at the start of fiscal year 2027, and stated that it did so to keep issuance within the annual and quarterly limits. For India, the EB-2 Final Action Date is November 1, 2013, after the category was listed as Unavailable in September 2026. India-born readers can see our EB-2 priority date for India post.

Based on the publication pattern of past bulletins, the Department of State has released each month’s bulletin during the middle of the prior month; there is no fixed legal release date. On that pattern, the December 2026 bulletin would appear in mid-November 2026. Check it on travel.state.gov before relying on the November dates for a filing planned in December.

Which chart does USCIS accept for November 2026?

The Department of State publishes the dates; USCIS decides each month which chart employment-based adjustment applicants may use and posts the decision on its Adjustment of Status Filing Charts page. For November 2026, that page states that all employment-based preference applicants must use the Dates for Filing chart. In October 2026, employment-based applicants also used the Dates for Filing chart; in September 2026, the last month of fiscal year 2026, they had to use the Final Action Dates chart. USCIS states that it anticipates designating a chart within one week of each bulletin’s publication, so the designation for December 2026 may not appear the same day the bulletin is released.

USCIS determines visa availability for filing purposes by looking at the designated chart for the month in which the application was received at the correct filing location, not the month it was mailed. A package mailed at the end of November that arrives in December is judged under the December chart designation and December dates. If USCIS designates the Final Action Dates chart for December, or the December Date for Filing moves backward past your priority date, that package can be rejected for lack of visa availability.

Applicants processing through the National Visa Center and a U.S. consulate abroad do not choose a chart. The National Visa Center uses the Dates for Filing chart to request fees and documents, and the Final Action Date governs when an immigrant visa can be issued.

Three filing details also matter for anyone preparing a November filing:

• Form edition. USCIS published a revised Form I-485 with an edition date of 09/18/26. Confirm on the USCIS Form I-485 page which editions USCIS is accepting on the day you mail the package. A package on an edition USCIS no longer accepts can be rejected at intake.
• Filing address. USCIS changed the direct filing addresses for Form I-485 in the fall of 2026 and states that it will accept forms postmarked on or before November 9, 2026 that are sent to a prior filing location. After that postmark date, a package sent to an old address can be rejected. Check the Direct Filing Addresses for Form I-485 page before mailing.
• Medical exam. USCIS states that applicants who are required to submit Form I-693 must submit it together with Form I-485 for applications filed on or after December 2, 2024, or USCIS may reject the filing; the Form I-693 instructions recognize categories of applicants who do not need a full new examination (see Planning steps below).

A package that USCIS rejects at intake, whether for the form edition, the filing address, a missing fee or signature, or a missing required Form I-693, is not properly filed, and a rejected filing does not lock in the November chart. If the rejected package is resubmitted in a later month, the later month’s chart and dates apply.

How the EB-2 priority date is set: PERM vs NIW

EB-2 covers members of the professions holding an advanced degree (or a bachelor’s degree plus five years of progressive post-baccalaureate experience in the specialty) and individuals of exceptional ability in the sciences, arts, or business. How the priority date is set depends on whether a labor certification is required (8 CFR 204.5(d)):

For PERM cases, the priority date is fixed before the Form I-140 is filed, which is why the PERM filing date matters even though the case continues for months afterward. An approved labor certification is valid for 180 calendar days from the date the Department of Labor granted it, and it expires if a Form I-140 supported by that certification is not filed with USCIS within that 180-day validity period (20 CFR 656.30(b)). The last filing day is counted from the certification date; if the certification expires unused, the priority date it would have carried is lost and the employer would have to start a new PERM with a new, later priority date. For NIW cases, the clock starts only when USCIS receives a properly filed petition, so a petition that is rejected at intake (for example, for a missing fee or signature) does not establish a priority date until it is refiled and accepted.

Who is charged to China?

Chargeability follows country of birth, not citizenship (INA 202(b)). An EB-2 applicant born in mainland China uses the China column even if holding another country’s passport; a Chinese citizen born elsewhere generally uses the birth country’s column. The bulletin column is labeled ‘China-mainland born.’ Applicants born in Hong Kong, Macau, or Taiwan are not charged to that column and generally use the All Chargeability Areas column, which in November 2026 carries an EB-2 Final Action Date of April 1, 2025.

A mainland China-born applicant may be charged to a spouse’s country of birth when the spouse is accompanying or following to join and that spouse’s country has a more favorable date (INA 202(b)(2)). Cross-chargeability does not change the principal applicant’s category or petition; it only changes which column applies. For EB-2 in November 2026, that could mean moving from an October 1, 2021 Final Action Date to the All Chargeability date of April 1, 2025. A child cannot pass chargeability to a parent, and a spouse’s chargeability can be used only while the marriage exists at the time of adjustment or visa issuance. The statute does not require the two Form I-485 applications to be filed on the same day, but filing them together and stating the request for alternate chargeability clearly in the package is a sensible practice in a case that depends on the spouse’s column, and the Department of State requires simultaneous issuance and admission where each spouse depends on the other (for example, one supplies the preference status and the other the chargeability). Our EB-1 China post covers the chargeability rules in more detail.

EB-2 China dates since fiscal year 2020

The table shows the EB-2 China dates in each October bulletin, which opens the federal fiscal year, from FY2020 to FY2027.

What the eight Octobers show:

• The Final Action Date has advanced at the start of each fiscal year, from January 1, 2015 in October 2019 to October 1, 2021 in October 2026, about 6 years and 9 months of movement over 7 years.
• In October 2019, EB-2 China opened FY2020 with a Final Action Date of January 1, 2015, about two years earlier than the January 1, 2017 date it had reached in the September 2019 bulletin. A new fiscal year does not guarantee a better date.
• The gap between the Date for Filing and the Final Action Date was 12 months or less in six of these eight Octobers; it was about 19 months in October 2019 and 15 months in October 2026.
• Year-over-year movement of the Final Action Date has ranged from about 6 months (October 2025 to October 2026) to about 28 months (October 2020 to October 2021).
• Within fiscal year 2026, the Final Action Date moved from April 1, 2021 (October 2025) to September 1, 2021 (September 2026), then to October 1, 2021 in October 2026, while the Date for Filing jumped a full year, from January 1, 2022 to January 1, 2023, in the October 2026 bulletin.

These are historical facts. They do not show where the date will be next month or next year.

EB-2 vs EB-3 for China: the downgrade question

For countries other than China and India, EB-2 carries the same or a later date than EB-3 in the November 2026 bulletin. For mainland China, the opposite has happened in several years, which is why a China-born EB-2 applicant may look at filing a second Form I-140 in EB-3, referred to as a ‘downgrade.’ The October Final Action Dates show how the relationship has shifted:

EB-3 China was ahead in six of the eight October bulletins, and EB-2 China was ahead in two. The size and direction of the gap change from year to year and sometimes within a year, as demand shifts between the categories (including demand created by earlier downgrades). In the November 2026 bulletin, EB-3 China advanced two weeks on the Final Action Dates chart, to January 22, 2022, while EB-2 China held at October 1, 2021. On the Dates for Filing chart the November 2026 gap is wider: EB-3 China is April 1, 2024, against January 1, 2023 for EB-2 China, so an applicant with a 2023 priority date who cannot file under EB-2 in November could file under an approved EB-3 petition, or concurrently with an EB-3 petition where USCIS permits concurrent filing.

How a downgrade generally works, in outline:

1. A new EB-3 Form I-140 is filed. For a PERM-based case, the employer files a new EB-3 petition for the same position based on the same certified labor certification. Because the priority date comes from the labor certification, the EB-3 petition carries the same date. USCIS permits filing a copy of the certified ETA-9089 when the original is already in the file of a pending or approved petition; the employer should state in the filing that the original was submitted with the earlier EB-2 petition. The new petition requires its own Form I-140 filing fee and, where applicable, the Asylum Program Fee, and premium processing is a separate optional fee.
2. The certified job must fit an EB-3 classification. Whether the position qualifies as EB-3 professional (a job that requires at least a bachelor’s degree) or skilled worker (a job that requires at least two years of training or experience) under 8 CFR 204.5(l) depends on the minimum requirements stated on the certified labor certification, and the beneficiary must have met those requirements as of the priority date. A certification that lists a bachelor’s degree plus five years of experience is not reduced to a bachelor’s-only standard by filing in EB-3; the stated requirements still control. USCIS reviews each petition on its own evidence, including the employer’s ability to pay the offered wage from the priority date forward, so a change in the employer’s finances since the EB-2 approval can matter.
3. The applicant files or transfers the Form I-485. If no Form I-485 is pending, it can be filed under the EB-3 petition in a month when the EB-3 date on the designated chart allows. If an EB-2-based Form I-485 is already pending, the applicant may submit a written request to transfer the underlying basis to the EB-3 petition. Under USCIS Policy Manual Volume 7, Part A, Chapter 8, USCIS requires that the applicant has continuously maintained eligibility for adjustment, that an immigrant visa is available under the new basis on the date USCIS receives the transfer request, and that the applicant is eligible for the new category. A transfer to a petition that is still pending is allowed only where concurrent filing of that petition type is permitted. USCIS grants or denies the request as a matter of discretion.
4. The EB-2 petition generally stays in place. Only one petition can serve as the basis of a Form I-485 at a time, and switching requires a written transfer request that USCIS receives and grants. Keeping both approved Form I-140s means a later transfer, from EB-3 back to EB-2 or the reverse, remains possible, but it requires a new written request, continued eligibility, a visa available under the requested basis on the date USCIS receives that request, and USCIS approval in its discretion. A previously granted transfer is not reversed automatically, so each request should be weighed before it is filed. A transfer also affects job-change planning: USCIS states that after an applicant transfers the adjustment application to a different employment-based category based on a new Form I-140, the applicant may not use INA 204(j) portability until 180 days or more after making the transfer request.

NIW cases have no labor certification, so a move to EB-3 would first require an employer to obtain a PERM labor certification for a specific job. If the NIW Form I-140 has been approved, its earlier priority date can generally be retained for the later EB-3 petition under 8 CFR 204.5(e). Whether a downgrade makes sense depends on the job, the employer’s willingness, costs, and where both dates stand at the time; it is not a step to take without a case-specific review. Our EB-3 priority date for China post looks at the same comparison from the EB-3 side.

Moving up to EB-1

Priority date retention runs in every direction among EB-1, EB-2, and EB-3. If an EB-2 Form I-140 has been approved, a later EB-1 petition can generally use the earlier EB-2 date (8 CFR 204.5(e)), unless the EB-2 approval was revoked for fraud or willful misrepresentation of a material fact, invalidation or revocation of the labor certification, or material error. A petition that was denied, or withdrawn before approval, has no priority date to retain. An employer’s later withdrawal of an already approved petition does not by itself remove the retention right; only revocation on the grounds listed in the rule does. In November 2026 the EB-1 China Final Action Date is August 1, 2023, 22 months ahead of EB-2, and the EB-1 China Date for Filing is July 1, 2024. The EB-1 petition still has to meet the EB-1A, EB-1B, or EB-1C standard on its own evidence; an approved EB-2 does not make EB-1 easier to prove. Details are in our EB-1 priority date for China post.

Why the backlog persists and what retrogression means

EB-2 receives 28.6 percent of the annual employment-based limit plus numbers unused by EB-1 (INA 203(b)(2)), and no single country can receive more than 7 percent of the combined family and employment preference numbers in a year (INA 202(a)(2)). The November 2026 bulletin puts the FY2027 employment-based limit at no less than 140,000 and the per-country limit at 25,620. When demand from China-born EB-2 applicants exceeds the numbers available to that column, the Department of State sets a China-specific cutoff.

Retrogression means a cutoff moves backward. In October 2026, worldwide EB-2 retrogressed while China EB-2 advanced, and in November 2026 worldwide EB-2 advanced to April 1, 2025 while China EB-2 held, which shows that the columns move independently. USCIS states that retrogression tends to occur toward the end of the fiscal year as issuance approaches the annual or per-country limits, but it can happen in any month. If the China EB-2 date retrogresses past your priority date while your Form I-485 is pending, USCIS retains the application, continues pre-processing, and holds final approval until a visa number is again available under the Final Action Dates chart (USCIS Policy Manual Volume 7, Part A, Chapter 6). Employment authorization and advance parole based on the pending application can generally be renewed while it remains pending.

Planning steps for China-born EB-2 applicants

1. Locate your priority date on the PERM certification (for PERM cases) or the Form I-140 receipt notice (for NIW), and keep copies of all Form I-140 approval notices. The priority date appears on the Form I-797 approval notice.
2. Check your chargeability, including possible cross-chargeability through a spouse born outside mainland China, Hong Kong, Macau, or Taiwan with a more favorable column.
3. Check both charts and the USCIS chart designation every month. On the pattern of past releases, the next bulletin appears in the middle of the prior month, and the USCIS designation may follow up to a week later.
4. Have the Form I-485 package ready, including Form I-693, the medical examination report, if you are required to submit one. USCIS states that applicants required to submit Form I-693 must file it with Form I-485 for applications filed on or after December 2, 2024, or the filing may be rejected; the Form I-693 instructions identify applicants who do not need a full new examination. Under USCIS policy in effect since June 11, 2025, a Form I-693 is generally valid only while the benefit request it was submitted with remains pending, so a later refiling after a denial or withdrawal generally needs a new Form I-693. Confirm the current requirement and the accepted form edition on the USCIS Form I-693 page before filing. A package that USCIS accepts in a month when your date is eligible under the designated chart, on an accepted Form I-485 edition (currently 09/18/26) and at the correct filing address, is what locks in that month’s chart, subject to the other adjustment eligibility requirements. Packages sent to a prior filing location must be postmarked on or before November 9, 2026 to fall within the USCIS grace period, a date that falls early in the November filing month.
5. Protect your nonimmigrant status while waiting. H-1B workers with an approved Form I-140 who cannot adjust because of the per-country limit may be eligible for H-1B extensions beyond the sixth year in up to three-year increments under section 104(c) of AC21 (8 CFR 214.2(h)(13)(iii)(E)). Workers in other statuses, such as L-1 or F-1, do not have an equivalent extension and should plan the status bridge with counsel. A properly filed, pending Form I-485 generally places the applicant in a period of stay authorized by DHS, but it does not confer or extend lawful nonimmigrant status; unauthorized employment, travel abroad, and the adjustment bars in INA 245(c) each require separate analysis.
6. Know the job-change rule. Once an employment-based Form I-485 supported by a job-offer petition has been pending 180 days or more, INA 204(j) can allow a move to a same or similar occupation with a new employer or in a new position, documented on Form I-485 Supplement J, without a new PERM or Form I-140. USCIS states that applicants whose Form I-485 is based on a National Interest Waiver are not eligible for INA 204(j) portability. Because an NIW does not require a specific job offer, an NIW-based applicant may change employers or become self-employed, but should continue working in the endeavor on which the waiver was approved and should review any change with counsel. If the pending Form I-485 is transferred to a different employment-based category based on a new Form I-140, portability is not available until 180 days or more after the transfer request. In a PERM-based case, leaving the sponsoring employer before the 180-day mark does not by itself end the case, but the employer may withdraw the petition; under 8 CFR 205.1, an employer’s withdrawal or business termination automatically revokes an approved Form I-140 unless the petition has been approved for 180 days or more or the associated Form I-485 has been pending for 180 days or more, and a Form I-485 without a valid underlying petition and a qualifying job offer may be denied.
7. Watch derivative children’s ages under the Child Status Protection Act. USCIS Policy Manual Volume 7, Part A, Chapter 7 states that, for requests filed on or after August 15, 2025, USCIS uses the Final Action Dates chart to fix the date a visa became available for the CSPA age calculation, even in a month when it accepts Form I-485 filings under the Dates for Filing chart. USCIS applies its earlier February 14, 2023 policy, which used the chart USCIS had designated for filing, to adjustment applications pending before August 15, 2025, and it recognizes an extraordinary-circumstances provision for certain applicants who did not file while that earlier policy was in effect. Filing under the Dates for Filing chart in November does not itself establish visa availability for CSPA purposes under current policy; the full CSPA calculation (the child’s age when a visa becomes available under the Final Action Dates chart, minus the time the Form I-140 was pending, plus the requirement to seek to acquire permanent residence within one year) should be reviewed with counsel before relying on an early filing.
8. Review EB-3 and EB-1 options periodically with counsel, using the comparison above as context only.

Frequently Asked Questions

• What is the EB-2 priority date for China in November 2026?

  The November 2026 Visa Bulletin lists an EB-2 Final Action Date of October 1, 2021 and a Date for Filing of January 1, 2023 for mainland China-born applicants. Both dates are the same as in October 2026.

• Can I file my I-485 in November 2026 with a 2022 EB-2 China priority date?

  Possibly. For November 2026, USCIS has designated the Dates for Filing chart for employment-based applicants, and the EB-2 China Date for Filing is January 1, 2023. You must also meet the other adjustment requirements, including physical presence in the United States and an approved Form I-140, or a Form I-140 filed concurrently where USCIS permits concurrent filing for that petition type and a visa is available under the designated chart. Confirm the chart on uscis.gov for the month you file; approval still requires a priority date earlier than the Final Action Date at the time of approval.

• What happens if my package is mailed in November but USCIS receives it in December?

  USCIS applies the chart designation and dates for the month in which the application is received at the correct filing location. If the December designation or the December EB-2 China Date for Filing does not cover your priority date, the package can be rejected. Mail early in the month, use a trackable courier, and confirm the filing address and form edition first.

• How is my EB-2 priority date set?

  For PERM-based EB-2 cases, it is the date the Department of Labor accepted the labor certification application for processing. For National Interest Waiver cases, it is the date USCIS properly received the Form I-140.

• Is EB-3 faster than EB-2 for China right now?

  In the November 2026 bulletin, EB-3 China is nearly four months ahead on Final Action Dates and 15 months ahead on Dates for Filing. EB-2 China was ahead in the October 2022 and October 2025 bulletins, so the order can change.

• What is an EB-2 to EB-3 downgrade?

  It generally means filing a new EB-3 Form I-140, in PERM cases based on the same labor certification and therefore the same priority date, so the applicant can use whichever category has the more favorable date. It requires employer participation and a certified job whose stated requirements fit an EB-3 classification, and should be reviewed case by case.

• Can an NIW applicant downgrade to EB-3?

  Not directly. EB-3 requires a PERM labor certification for a specific job with a sponsoring employer, so an employer would first need to complete PERM. If the NIW Form I-140 was approved, its priority date can generally be retained for the later EB-3 petition.

• If I already have an EB-2-based Form I-485 pending, do I file a second one under EB-3?

  Not necessarily. USCIS allows a written request to transfer the underlying basis of a pending Form I-485 to another petition when a visa is available under the new basis on the date USCIS receives the request and the applicant remains eligible, and decides the request in its discretion. Filing a second Form I-485 is also possible in some cases but involves a second filing fee and a second record; which route fits depends on the case.

• Can an NIW-based applicant change jobs while the Form I-485 is pending?

  USCIS states that NIW-based adjustment applicants are not eligible for INA 204(j) portability. Because the NIW does not depend on a specific job offer, the applicant may change employers or work independently, but should keep working in the endeavor on which the waiver was approved. Review any change with counsel before making it.

• Can I use my EB-2 priority date for an EB-1 petition?

  Generally yes, if the EB-2 Form I-140 was approved and the approval was not revoked on the grounds listed in 8 CFR 204.5(e). The EB-1 petition must still be approved on its own merits.

• Does a Hong Kong birthplace use the China EB-2 dates?

  Generally no. The bulletin column covers mainland China-born applicants. Applicants born in Hong Kong, Macau, or Taiwan generally use the All Chargeability Areas column.

• My spouse was born in a country where EB-2 is at April 1, 2025. Can we use that date?

  In some cases. Under INA 202(b)(2), a principal applicant may be charged to the country of birth of an accompanying or following-to-join spouse when that prevents separation of the family and the spouse’s column is more favorable. The spouse must be adjusting or immigrating with you, and the marriage must exist at the time of adjustment or visa issuance. Filing the two Form I-485 applications together and stating the request expressly in the package is a sensible practice, though not a statutory filing requirement.

• My child can file with me in November under the Dates for Filing chart. Is the child’s CSPA age locked in?

  Not by filing alone. For requests filed on or after August 15, 2025, USCIS treats a visa as available for CSPA purposes only under the Final Action Dates chart, so filing under the Dates for Filing chart does not fix the child’s age. When the EB-2 China Final Action Date reaches your priority date, the full calculation applies: the child’s age on that date, minus the time the Form I-140 was pending, and the child must seek to acquire permanent residence within one year of availability. Different treatment applies to applications that were pending before August 15, 2025, and USCIS recognizes an extraordinary-circumstances provision for some applicants who did not file under the earlier policy. Review the child’s calculation with counsel before relying on an early filing.

• My Form I-140 was approved years ago and I have since changed employers. Do I still have the priority date?

  Generally yes. Under 8 CFR 204.5(e), the priority date of an approved EB-1, EB-2, or EB-3 petition can be used for a later petition in any of those categories, even by a different employer, unless the approval was revoked for fraud or willful misrepresentation, labor certification invalidation or revocation, or material error. A new employer still needs its own PERM (for EB-2 or EB-3 employer-sponsored cases) and its own Form I-140.

• Will EB-2 China move in December 2026?

  There is no way to know in advance. The Department of State sets each month’s dates based on demand and the remaining numbers, and the December 2026 bulletin controls December filings. Check travel.state.gov and the USCIS chart designation when they are posted.