February 2026 Visa Bulletin: The "Stagnation" Signal
- Shan Potts
- Jan 14
- 3 min read
The Department of State has released the February 2026 Visa Bulletin, and the message is clear: we are in a period of consolidation. After the holiday adjustments, most Priority Dates have effectively frozen.
For high-skilled professionals and families waiting in line, "no movement" can feel like bad news. But in immigration law, a stall is often a signal to pivot your strategy.
At Shan Potts Law Offices, we are advising clients to stop looking at immigration as a single waiting line.
If your Employment-Based (EB) date is stuck, it is time to evaluate your Family-Based (FB) options.
Key Updates: The February 2026 Freeze
The new bulletin shows minimal movement across the board, affecting both corporate and individual filings.
EB-2 India: Remains stalled at July 15, 2013.
EB-3 India: Holds steady at November 15, 2013.
EB-2 & EB-3 China: No movement (Sept 1, 2021, and May 1, 2021).
F2A (Spouses of Residents): Advanced by only one month.
The Sole Bright Spot: The EB-3 "All Other Countries" (ROW) category advanced approximately 5 weeks to June 1, 2023. If you are a professional from a non-backlogged country, this is your immediate window to file.
The "Dual-Track" Strategy: Escaping the Backlog
When one door locks, you must check the others. The most common mistake we see in 2026 is high-skilled workers (H-1B, L-1) ignoring their family-based eligibility because they assume "work visas are faster."
With the current retrogression, that is no longer true. Here is how to leverage the intersection of family and work.
1. The "H-1B to Marriage" Pivot
Many H-1B holders are stuck in the decade-long EB-2 backlog. However, if you have married a U.S. citizen or Permanent Resident, you may have a "skip the line" card.
Spouse of U.S. Citizen: You are an Immediate Relative. There is no Visa Bulletin wait for you. You can file for Adjustment of Status (I-485) immediately, regardless of your employer’s timeline.
Spouse of Green Card Holder (F2A): Even with the slow movement in February 2026, the F2A wait time (approx. 3 years) is significantly shorter than the EB-2 India wait (10+ years).
2. The "Dependent" Insurance Policy
We frequently see families where one spouse is the primary H-1B holder and the other is on H-4.
The Risk: If the primary earner faces layoffs—a valid concern in the 2026 tech market—the whole family’s status is jeopardized.
The Strategy: If the H-4 spouse is eligible for their own employment petition (EB-2 or EB-3), file it. Even if their country of birth has a backlog, securing a separate I-140 creates a permanent "safety net" priority date that belongs to the family, not the employer.
3. Utilizing the "Dates for Filing" Chart
Crucially, USCIS has confirmed they will honor the Dates for Filing chart for Employment-Based cases in February 2026.
This chart is often ahead of the "Final Action" chart.
Action Item: If your priority date is current under the Filing chart, submit your Adjustment of Status application now. This grants you an EAD (Work Permit) and Advance Parole (Travel Doc), freeing you from strict visa dependence while you wait for the final Green Card.
Frequently Asked Questions (FAQ)
Q: Can I have a Family and Employment Green Card petition pending at the same time?
A: Yes. You can have a pending I-140 (Employment) and I-130 (Family) simultaneously. In fact, we often recommend this "dual-track" approach to see which priority date becomes current first.
Q: Will the February 2026 Visa Bulletin dates move later in the year?
A: Historically, we see more movement closer to the end of the fiscal year (August/September). However, the current stagnation suggests demand is extremely high, and we advise filing as soon as your date becomes current in either chart.
Q: Does the "Dates for Filing" chart guarantee a Green Card?
A: No, but it allows you to file the I-485 application. This is critical because it lets you apply for an EAD (Work Permit), giving you job flexibility even before the Green Card is approved.
Conclusion: Don't Just Wait
A stagnant Visa Bulletin is dangerous because it encourages inaction. Do not let the lack of movement in February 2026 lull you into a false sense of security.
If your date didn't move, it’s time to consult with Shan Potts Law Offices to see if you can switch tracks. Whether it’s upgrading to EB-1, downgrading to EB-3, or filing a concurrent family petition, active management is the only way to beat the backlog.
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