The latest Visa Bulletin Explained by Victoria Chen

The May 2025 visa bulletin was released by DOS (see link here). USCIS decided that they will use the Final Action Date chart (NOT Dates for Filing chart) for the purpose of I-485 filing in May 2025 (see link here). 

1. If you want to file a new I-485 application 

Since USCIS chose Final Action Date chart  (NOT Dates for Filing chart) for the purpose of filing I-485 in May, your priority date must be earlier than dates listed in the Final Action Date chart below for you to be eligible for filing an I-485 based on your 140 category and your country of birth:

Underlying I-140 petition	ROW (countries other than China or India)	China – mainland born	India
EB1A/EB1B	Current	11/08/2022	02/15/2022
EB2 NIW	06/22/2023	10/01/2020	01/01/2013

2. If you will undergo Immigrant Visa processing (IVP) overseas

You can only initiate IVP after you receive the IVP fee invoice issued in email by NVC. Note NVC only issues the IVP fee invoice when I-140 has been approved AND the priority date is current or close to be current according to the Dates for Filing chart (NOT Final Action Date chart) of each month’s visa bulletin. (“Close to be current ” is randomly determined by NVC and there is no way to predict ahead of time.) If you did not indicate IVP as the preferred second step on your I-140 form, an I-824 application will be needed to forward your petition to the NVC. Our office also offers I-824 services. For reference, please find below the Dates for Filing chart and the cut-off dates the NVC refers to:

Underlying I-140 petition	ROW (countries other than China or India)	China – mainland born	India
EB1A/EB1B	Current	01/01/2023	04/15/2022
EB2 NIW	08/01/2023	11/01/2020	02/01/2013

3. When your pending I-485 can be approved or your pending IVP can be scheduled for an interview or be approved

Your priority date must be earlier than dates listed in the Final Action Date chart below for your pending I-485 to be eligible for final approval; or for your pending IVP to be scheduled for an interview or final approval.

Underlying I-140 petition	ROW (countries other than China or India)	China – mainland born	India
EB1A/EB1B	Current	11/08/2022	02/15/2022
EB2 NIW	06/22/2023	10/01/2020	01/01/2013

What is my priority date?

Your priority date should be approximately the receipt date of your FIRST APPROVED I-140 petition (If your previously approved I-140 is PERM based, then it is the filing date of the PERM petition). When there are multiple approved EB1/EB2/EB3 based I-140 petitions that provide multiple priority dates, you are entitled to retain the earliest one. If you do not have any previously approved I-140 petition and you only have one I-140 petition you work with us on, then your filing date of that one I-140 petition should most likely be your priority date. Once you do receive the receipt notice, you can verify the filing date listed on the notice.  

Victoria Chen’s suggestions:

1. Maintain Valid Visa Status. Please make sure you maintain valid visa status as long as possible. If you need to switch to an O-1 visa, our firm also handles O-1. If you can’t maintain valid visa status during visa retrogression, leaving the U.S. alone won’t affect your EB-1A or EB-2 NIW petitions. The cases remain valid and you can proceed with Immigrant Visa Processing (IVP) outside the U.S. instead of filing I-485 as the second step of your green card application.

2. For those born in a country other than India or China (ROW), NIW remains the best category but EB1 could be considered if confirmed by attorney: Even though EB-2 NIW ROW is not current in May, the backlog is relatively short and considering the much higher adjudication standard for EB1 categories, NIW could still be a better choice. That being said, since the priority date for EB1 ROW is current in May, filing for EB-1 instead of or in addition to NIW could be an option if you want to complete the green card process faster and you do have strong credentials to apply for the EB-1 category. 

There are two categories under EB-1 that primarily consider the beneficiary’s credentials: 

1) Employer-Sponsored EB-1B: If your employer is willing to sponsor an EB-1B petition and allow you to retain your own law firm, please let us know. We can assess your case and determine whether you have a strong EB-1B profile before proceeding.

2) Self-Petitioned EB-1A: For those considering self-petitioning under EB-1A, note that this category is highly challenging to secure approval. We recommend filing for NIW first as the foundation of your application and treating EB-1A as a complementary add-on, provided your credentials align with its rigorous requirements.

3. Either retaining us for I-485 service or DIY I-485 for clients eligible for filing I-485. As a reminder, one cannot file I-485 unless their priority date based on their EB1/EB2 is current. If your priority date through pending/approved I-140 is current or close to be current and you prefer to file I-485 with our service after your priority date becomes current, feel free to reach out to us in your account. If you have a current priority date through pending/approved I-140 and you wish to file I-485 on your own, you may refer to the DIY I-485 packet under the “Client Packet” tab in your account and prepare for I-485 filing by yourself.

4. To initiate IVP, two conditions must be met: 1) I-140 EB1/EB2 has been approved. 2) You have received the invoice issued by NVC (National Visa Center). If you have indicated IVP as the preferred second step on your I-140 form, your I-140 has been approved and your priority date is current or close to be current when compared to the cut-off date in the Dates for Filing Chart, you will receive NVC invoice that allows you to begin initial steps of IVP (e.g. paying NVC fee, submitting documents). If you did not indicate IVP as the preferred second step on your I-140 form, an I-824 application will be needed to forward your petition to the NVC. Our office also offers I-824 services. Even if you are allowed to initiate the IVP, please keep in mind that no IV interview will be scheduled unless your priority date is earlier than the cut-off date in the Final Action date chart.