EB-5 Visa Bulletin China 2026: Chart A vs Chart B, Final Action Dates, and Adjustment of Status

The Visa Bulletin is the monthly document that tells you whether you can actually move your EB-5 case forward. For Chinese investors, the May 2026 bulletin tells a story of dramatic divergence: a decade-long backlog for legacy investors alongside a "Current" status that makes immediate progress possible for those who invested in the right category. Understanding which chart governs your situation, what "Current" actually means, and how concurrent filing works in the China EB-5 context determines whether you can lock in interim immigration benefits right now or whether you are still years away from any meaningful action.

Two Charts, Two Different Timelines

The Visa Bulletin publishes two separate tables each month for employment-based immigrant visas:

Chart A — Final Action Dates. This is the hard cutoff date. A visa number can only be issued — and an adjustment of status (I-485) can only be approved — when the applicant's priority date is earlier than the Chart A cutoff. If your priority date is after the Chart A date for your category and country, you cannot receive a visa or green card yet.

Chart B — Dates for Filing. This is an earlier, more permissive date. When USCIS determines that visa numbers are likely to be available in sufficient quantity, it permits applicants with priority dates earlier than the Chart B cutoff to file the I-485 application in the US, or to submit the immigrant visa documents to NVC for consular processing. Filing under Chart B does not result in immediate visa issuance, but it allows the applicant to receive interim benefits: Employment Authorization Documents (EAD) and Advance Parole travel authorization during the I-485 pending period.

USCIS makes a monthly decision about which chart is active for I-485 filings. In May 2026, USCIS announced that employment-based filers must use the Final Action Dates (Chart A) for I-485 purposes — meaning Chart B does not provide a filing window that month. This determination changes month to month.

The May 2026 China EB-5 Numbers

The May 2026 Visa Bulletin for Chinese EB-5 investors shows the following:

Unreserved (Non-TEA / Pre-RIA legacy):

• Chart A (Final Action Date): September 22, 2016
• Chart B (Date for Filing): March 1, 2017

An investor with a priority date of September 21, 2016 or earlier is eligible for final visa issuance under Chart A. That priority date means the I-526 or I-526E was filed approximately ten years ago. This category represents the legacy backlog — investors who entered the program before the Rural and HUA set-asides existed.

Rural TEA (20% set-aside):

• Chart A: Current
• Chart B: Current

"Current" means no cutoff date applies. Any approved I-526E petition for a Rural TEA project is immediately eligible for visa issuance or I-485 filing. There is no wait based on the priority date alone.

High Unemployment Area / HUA (10% set-aside):

• Chart A: Current
• Chart B: Current

Same as Rural: no waiting queue for China-born investors as of May 2026.

Infrastructure (2% set-aside):

• Chart A: Current
• Chart B: Current

Also current, though this category receives the smallest visa allocation and carries the highest risk of backlogging in the near term.

What "Current" Means in Practice for Chinese Investors

When the Visa Bulletin shows "Current" for a category, it means the annual cap for that visa category has not been exhausted for Chinese-born applicants. Investors in those categories proceed based on USCIS processing times and consular scheduling — not based on a years-long queue.

The pathway for a Rural TEA investor from China looks like this: I-526E approval (five to twelve months with priority processing), then NVC document submission and case-complete notification (three to six months), then Guangzhou interview scheduling (six to twelve months), then visa issuance. The total calendar time from I-526E filing to immigrant visa is roughly two to two-and-a-half years in 2026 — compared to ten-plus years for Unreserved category investors.

This "Current" status is expected to hold through 2026 for Rural and HUA categories. However, analysts tracking filing volumes have observed accelerating demand in the Rural category specifically, driven by the September 2026 grandfathering deadline and the recognition among Chinese investors that the 20% set-aside will eventually become oversubscribed. A backlog in the Rural category is possible in late 2026 or 2027 as accumulated filings work through the system.

Concurrent Filing and Adjustment of Status for China-Based Investors

For Chinese EB-5 investors physically present in the United States on a valid nonimmigrant visa — whether an F-1 student visa, a B-2 visitor visa, or any other status — there is a potential shortcut worth understanding.

Concurrent filing means submitting both the I-526E petition and the I-485 adjustment of status application at the same time, in the same filing package, when the priority date is immediately current. Because Rural, HUA, and Infrastructure categories are "Current" for China, an investor in the US on a valid status can file I-526E and I-485 together rather than waiting for I-526E approval before starting the I-485 process.

The advantage is speed: the I-485 clock starts running from the concurrent filing date. The investor receives a Receipt Notice confirming the filing, which is immediately used to apply for an EAD and Advance Parole. EADs for I-485 concurrent filers are typically issued within two to four months. Advance Parole allows the investor to leave and re-enter the US without abandoning the I-485. Both benefits are available before the underlying I-526E has been adjudicated.

The disadvantage and limitation: if the I-526E is ultimately denied, the I-485 is also denied. Concurrent filing is not a risk reduction strategy — it is a timeline optimization strategy for investors who are confident in their source-of-funds documentation.

Applicants residing in China cannot file I-485 because they are not physically present in the US. They proceed through consular processing at Guangzhou rather than adjustment of status. The Chart A / Chart B analysis is still relevant for NVC processing, but the I-485 pathway is unavailable to them until they physically enter the US with an immigrant visa.

When Retrogression Becomes a Risk

"Current" is not permanent. The history of the EB-5 program — including the decade-long backlog in the Unreserved category — shows what happens when annual visa demand exceeds the cap. For the Rural 20% set-aside, the annual allocation is approximately 9,800 visas out of the total 9,940 EB-5 visas available per year (assuming the family set-aside is fully allocated). That sounds like a large number, but if 15,000 Rural I-526E petitions are filed in 2026 and each petition covers a family of four, the effective demand could exhaust the annual Rural allocation before those cases are adjudicated.

The Dates for Filing chart provides an early-warning signal. When the State Department advances Chart B dates far ahead of Chart A dates, it is signaling that it expects demand to outpace supply. When the two charts start to converge, it suggests the State Department sees a backlog forming.

Chinese investors watching the monthly Visa Bulletin should track both columns for the Rural and HUA categories. The first sign of a quota squeeze is typically when Chart B dates stop advancing or begin retracting — months before Chart A moves.

The full EB-5 filing strategy for China-born investors — including concurrent filing timelines, Guangzhou consular processing steps, and how to monitor Visa Bulletin movements — is covered in the China → US EB-5 Investor Visa Guide.

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