If you have a skilled employee who has been waiting years for a green card, April may have quietly changed everything. A shift in visa availability this month means that many employees in the EB-2 category can now file their green card application without waiting any longer. Most employers and HR teams have not heard about this yet.
Here is what you need to know.
What Is EB-2, and Who Does It Cover?
EB-2 is one of the most common pathways to a green card for skilled professionals. It covers employees who hold an advanced degree, or who have exceptional ability in their field. Think engineers, scientists, IT professionals, analysts, and many other specialized roles.
For years, employees in this category have had to wait for their “priority date” to become current before they could move forward.
That wait is now over for most nationalities.
What Changed in April 2026?
The EB-2 Final Action Dates became current in April for all countries except China and India.  In plain terms: if your employee is not from China or India, and they have an approved EB-2 petition, they may be able to file their green card application right now.
USCIS has confirmed that for April 2026, all employment-based categories must use the Dates for Filing chart, which means eligible employees can submit their application without waiting for a final approval date. Filing now locks in their place in line, even if dates shift later.
Once an application is filed, the employee gains access to two immediate benefits while the green card is pending: an Employment Authorization Document, which allows them to work independently of their current visa status, and advance parole, which allows them to travel internationally without abandoning the pending application.
A Word of Caution
This window may not stay open permanently. The April Visa Bulletin warns that if demand increases or restrictions are lifted, some dates could retrogress before the fiscal year ends on September 30, 2026. Acting now protects your employee’s position regardless of what happens to dates later.
For employees from India, there is also good news, though the situation is different. EB-2 India moved forward by more than 300 days in April, from September 2013 to July 2014. While India EB-2 is not yet current, this is a meaningful advance that may bring some long-waiting employees closer to being eligible to file.
What to Do Now
If you sponsor employees in the EB-2 category, here are the steps to take this month:
- Check each employee’s priority date. This is the date their original petition was filed.
- Confirm their country of chargeability. For most employees outside of China and India, EB-2 is now current.
- Verify whether an I-140 petition has already been approved. That is the required first step before filing for adjustment of status.
- Act before dates shift. Filing now protects your employee’s position even if the Visa Bulletin moves in a less favorable direction later this year.
Frequently Asked Questions:
Q: My employee has been waiting for years. Does this mean they can finally get their green card?
A: It means they can likely file their application now, which is a major step forward. Final approval still follows, but filing locks in their place in line and unlocks work and travel benefits in the meantime.
Q: What if my employee is from India or China?
A: The rules are different for those countries due to high demand. India EB-2 advanced significantly this month, but is not yet current. An immigration attorney can help you understand the current dates and what they mean for your specific situation.
Q: We already filed an I-140. What is the next step?
A: If your employee’s priority date is now current and they are inside the United States, they may be eligible to file Form I-485, the application to adjust status to permanent resident. Ponce Law Office, P.C. can review their case and guide the process.
How Ponce Law Office, P.C. Can Help
Navigating the Visa Bulletin each month requires close attention to detail. At Ponce Law Office, P.C., we track these changes so your team does not have to. If you have employees in the EB-2 category, we can review their priority dates, assess their eligibility, and help you move quickly while this window is open.
Reach out to schedule a consultation.
This content is for informational purposes only and does not constitute legal advice. Immigration laws and visa dates change frequently. Consult a qualified immigration attorney for guidance specific to your situation.
Sources: U.S. Department of State, April 2026 Visa Bulletin; USCIS Adjustment of Status Filing Charts, April 2026.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Immigration options vary by case, timing, nationality, and eligibility. Consult a qualified immigration attorney for individualized guidance.