Employment-Based Green Cards: December Visa Bulletin and Why Cases Are Being Held in Abeyance

The December Visa Bulletin brought modest forward movement in several employment-based categories. In practical terms, this means some employees will finally see progress on long-pending green card applications, and others may become eligible to file adjustment of status applications this month. However, despite this forward movement, many cases are still being held in abeyance, and employers should understand why this is happening and what it means for their workforce planning.

The December Bulletin does not eliminate visa backlogs. It simply adjusts the cut-off dates used to determine when a green card can be issued. When an employee’s priority date is not yet current under the “Final Action Dates” chart, USCIS cannot approve the adjustment application. This rule applies even if the case is interview-ready, the background checks are complete, and the application is otherwise fully approvable.

Why Cases Are Being Held in Abeyance

Under established procedure, if an employee’s priority date is not current at the moment USCIS is ready to make a decision, the agency must place the case on hold until a visa number becomes available. The case is not denied. It is not considered incomplete. It is simply parked until the Department of State advances the priority date in a future Visa Bulletin.

This has led to the situation that many employers are now experiencing:

• Adjustment cases that have already been interviewed are being held without decision.

• Employees who were told their cases were “ready for approval” are now receiving notices indicating that a decision cannot be issued due to visa availability.

• Cases that previously appeared near completion are being transferred to holding locations until the visa category advances.

• Employees processing abroad through consulates may also see interview scheduling delayed for the same reason.

USCIS is required to follow this process. The agency cannot allocate a green card unless the priority date is current on the date the final decision is made.

How the December Visa Bulletin Changes the Immediate Landscape

The December Bulletin does offer some relief. Several employment-based categories experience forward movement, and USCIS is allowing the use of the “Dates for Filing” chart for adjustment applications. This is important because it allows more employees to submit the I-485 this month, obtain employment authorization, and request Advance Parole.

However, even with this movement:

• Employees whose priority dates remain behind the Final Action Dates cannot receive green card approval yet.

• Employees who file now based on the Dates for Filing chart may still wait months or years before their Final Action Dates become current.

• Pending cases in abeyance will only be approved when the Bulletin advances beyond the applicant’s priority date.

December is a positive development, but it does not resolve the structural backlog. It simply provides a temporary filing window and moves the line forward for some individuals.

Impact on Employers and Sponsored Employees

This environment creates several practical challenges for employers:

• Adjustment-based EADs remain available, but they must be renewed timely to avoid gaps in work authorization.

• Employees relying exclusively on their pending adjustment (rather than underlying nonimmigrant status) may face greater vulnerability during delays.

• H-1B and L-1 employees near their maximum stay limits may require additional extensions or alternative strategies if Final Action Dates do not advance soon.

• Onboarding plans for new hires may need to be adjusted if consular processing is delayed by visa availability issues.

• Employees abroad waiting for immigrant visa appointments may experience unexplained hold periods due to the same backlog.

The effect is a longer period in which employees remain in temporary status, even after a full adjustment filing.

How Employers Should Respond Now

To manage these delays, employers should consider the following steps:

• Identify employees who can file adjustment applications under December’s Dates for Filing chart and prepare filings promptly.

• Review employees whose cases are already in abeyance and set expectations about the timing of future approval.

• Track all employment authorization expiration dates and start renewals early to avoid interruptions.

• Evaluate long-term plans for H-1B and L-1 workers approaching maximum stay limits.

• Adjust global mobility planning for employees abroad whose immigrant visa issuance may be delayed.

• Ensure HR teams understand that an interview or a transfer notice does not guarantee near-term approval if a visa is not available.

How Our Office Assists Employers in This Environment

Our office monitors the monthly Visa Bulletin and identifies employees who may be affected by movement in their category. We also review pending cases to determine whether they may be released from abeyance based on updated Final Action Dates. For employees with upcoming expiration dates or maximum stay concerns, we advise on renewal strategies and long-term planning so employers can maintain continuity in their operations.

We also ensure that employees understand why their cases may be on hold and what rights and benefits they maintain during the pendency of their applications. This includes advising on travel, renewal timing, and maintaining underlying nonimmigrant status where appropriate.

Visa movement will continue to fluctuate. The December Bulletin is helpful, but it does not remove the larger backlog pressures. Employers who plan early and understand how abeyance works will be best positioned to support their sponsored employees and avoid unnecessary disruptions.