While recent USCIS updates allowing filings under both Final Action Dates and Dates for Filing have sparked optimism, leading immigration attorney Rekha Sharma-Crawford warns the gains may be temporary
“The resulting (EB-1) jump is because of the pause in adjudications for the 30 countries on the banned list. It is like stealing from Peter to pay Paul.” – Rekha Sharma-Crawford
For Indian professionals on U.S. work visas, two recent USCIS updates have delivered a rare bit of good news. The January 2026 visa bulletin showed meaningful forward movement in final action dates across multiple employment-based categories, with Indian applicants seeing especially strong gains in EB-1 and EB-5.
Soon after, USCIS added to the optimism by confirming that applicants may file for adjustment of status using either the Final Action Dates chart or the Dates for Filing chart. Immigration attorneys say this combination amounts to a double advantage and are urging eligible Indian professionals to move quickly, as the window, they caution, may be short-lived.
But for those who qualify and want to file as soon as possible to lock in their place before the dates potentially retrogress again, this rare optimism is accompanied by a flurry of questions. Is this a short-term correction, and should applicants prepare for an impending retrogression? How critical is USCIS’s decision to use final action dates as well as dates for filing? And perhaps most importantly—amid today’s restrictive immigration environment, particularly for Indian H-1B visa holders—how did this sudden jump come about?
To find out more, The American Bazaar spoke with pioneering immigration attorney Rekha Sharma-Crawford, a partner at Sharma-Crawford Attorneys at Law. A respected legal scholar and the first South Asian American elected to AILA’s Executive Committee, she is a leading authority on complex immigration litigation.
The American Bazaar: For Indian professionals stuck in long backlogs, how meaningful is the nearly one-year jump in EB-1 and EB-5 Final Action Dates? Does this translate into real relief, or is it a short-term correction?
Rekha Sharma-Crawford: The resulting jump is because of the pause in adjudications for the 30 countries on the banned list. It is like stealing from Peter to pay Paul. In reality, such things, while bringing temporary relief, are never a wholesale remedy. In addition, it is likely that there will be litigation and that such actions will either be reversed or will become chaotic. So, again, while it seems to provide immediate gratification, it may not be long-lasting.
How critical is USCIS’s decision on using final action dates and dates for filing, particularly for Indian applicants planning to file adjustment of status next month?
If individuals are able to file, they should, but they should also be cognizant of the fact that this may not be a full solution to the wait times. If they understand those risks, then they should file their applications as soon as possible to avoid being impacted by the most certain litigation that will follow. The only thing certain about this administration is that there will be uncertainty.
READ: H-1B challenges push Indian professionals to EB-1A (
Is it true that historically some forward movements have come with retrogression? Can you tell us a bit more?
A rush to file and even an approval may not be sufficient to avoid a disaster on the horizon. A large volume of approved petitions means the cutoff dates for India often retrogress to manage demand within the annual limits. The real issue is the annual limits, and only Congress can fix that problem—but will they? Thus far, time and time again, we have seen Indian nationals suffer from temporary advancements only to have it bungee back for more delays and longer waits. People should be cautious now, too, because history has shown that for Indians waiting for visa numbers, hope is often followed by despair.
Is there concern that this forward movement could draw scrutiny from the administration, given that it disproportionately benefits Indian applicants at a time when immigration policies are tightening elsewhere?
I think everything this administration does should be taken cautiously. This is because the one thing that they have been consistent about is that they will spare no one if it serves their needs. I don’t mean to sound negative, but the truth is this administration is unpredictable, and unfortunately, all too often it is the noncitizen who loses at every turn.