Short answer: EB-2 (including the National Interest Waiver) is the second-preference employment-based category. Final green-card approval requires a visa number to become available—i.e., the priority date must reach or pass the cut-off in the Visa Bulletin. From October 2026 the Final Action Date for most countries has retrogressed and is no longer Current. Applicants born in India and China continue to face significant backlogs.
What is a priority date?
The priority date is normally the date USCIS receives the I-140 petition (for both NIW and standard EB-2). When a labor certification is required, the priority date is the date the labor-certification application was filed. Only when the priority date is “current” (reaches or passes the Visa Bulletin cut-off) can the final green-card step (I-485 or consular processing) be completed. See US EB-2.
Overview of the October 2026 Visa Bulletin
According to the October 2026 Visa Bulletin, the EB-2 Final Action Date for most countries (Rest of World) has moved back to around 1 January 2025 and is no longer Current. Cut-offs for applicants born in India and China remain earlier, reflecting longer queues. For employment-based adjustment of status in October, USCIS is using the Dates for Filing chart, so some applicants may still be able to file Form I-485 earlier.
How should applicants respond to backlogs?
Those with an approved I-140 should check the latest Visa Bulletin regularly to see whether their priority date is approaching availability. While maintaining lawful status in the United States, some applicants may file I-485 when the Dates for Filing chart permits, obtaining work and travel authorization while waiting for the Final Action Date to catch up. Applicants born in India or China may also evaluate other categories as part of a longer-term strategy.
Key EB-2 backlog concepts compared
| Item | Meaning | Practical effect |
|---|---|---|
| Final Action Date | Determines when a green card can actually be approved | Priority date must reach this date for final action |
| Dates for Filing | Determines when Form I-485 may be submitted | USCIS decides each month whether to use this chart |
| Priority date | Usually the I-140 receipt date | Fixes the applicant’s place in the queue |
| Country of chargeability | India and China usually face longer waits | Other countries can also experience retrogression |
Global Immigrate’s recommendation
Anyone planning an EB-2 or NIW filing should understand the backlog risk before submitting the I-140, especially applicants born in India or China. Those with pending or approved cases should monitor the monthly Visa Bulletin and keep all receipt and approval notices. If the wait is long, parallel evaluation of other employment-based or family-based options may be worthwhile. Always rely on the official Visa Bulletin rather than outdated summaries.
Data current as of October 2026.
This article is general information only and does not constitute legal or tax advice.