EB-1 and EB-2 Under Trump 47: The Real Picture in 2026

Donald Trump completed in April 2026 more than fifteen months of his second term as the 47th President of the United States, and the speculative framework that dominated discussions about employment-based immigration at the start of 2025 has given way to a set of verifiable facts. For professionals pursuing EB-1 and EB-2 — especially EB-2 with a National Interest Waiver — understanding what has actually changed is worth more than continuing to debate what might change. This guide consolidates what is currently in effect, what has been reformatted, and what qualified applicants need to know to file with confidence at this moment.

Merit-based immigration as a stated pillar

The rhetoric of Trump’s second term has solidified the distinction between irregular immigration — the central target of the executive orders issued in January and February 2025 — and skilled immigration, treated as a vector of economic competitiveness. Professionals with advanced degrees, strong academic records, patents, publications in peer-reviewed journals, and documented contributions to sectors considered strategic remain the stated target audience for the EB-1 and EB-2 NIW categories.

In practice, this rhetoric has not reversed the historic backlog nor altered the statutory criteria established by the Immigration and Nationality Act. What changed were the enforcement tone, USCIS’s posture toward submitted documentation, and the operational priorities of the service centers. Those preparing today must start from this new equilibrium.

EB-1 in 2026: three subcategories, requirements maintained

The EB-1 remains divided into three branches. EB-1A for individuals with extraordinary ability in sciences, arts, education, business, or athletics; EB-1B for outstanding researchers and professors; and EB-1C for multinational executives and managers transferred to an affiliated entity in the United States. The first category continues to be the most sought after because it requires neither a job offer nor a labor certification.

For EB-1A, the evidentiary standard remains anchored in the ten regulatory criteria of 8 CFR 204.5(h)(3), with the two-step analysis reaffirmed by the Kazarian v. USCIS precedent. The second term did not change the rule, but in practice it has raised the level of detail required in expert letters and evidentiary packages. Petitioners who submit boilerplate material — without evidence of sustained impact and independent recognition — are receiving denser Requests for Evidence and tighter response deadlines.

EB-2 NIW: the preferred path for qualified professionals

The EB-2 NIW remains the preferred route for those who hold an advanced degree or exceptional ability and can demonstrate that their work serves the national interest of the United States. The Matter of Dhanasar framework of 2016 continues to be the binding test: substantial merit and national importance of the proposed endeavor, the foreign national’s position to advance that endeavor, and a showing that waiving the job offer and labor market test benefits the country.

The January 2022 USCIS policy memorandum that detailed applications in STEM and entrepreneurship remains in effect. What changed in 2025 and 2026 is the more critical reading of elements such as letters from close-circle colleagues, inflated citation counts, and generic impact narratives. Packages that demonstrate concrete economic traction, secured funding, intellectual property records, and adoption by companies or public agencies continue to receive approvals in meaningful volume.

Updated USCIS fee schedule

The fee schedule that took effect on April 1, 2024 remains active in 2026 and is the mandatory reference for any financial planning. For Form I-140, the base petition for any EB-1 or EB-2, the current fee is $715. Small employers and nonprofit organizations pay $535. Premium Processing applicable to the I-140 costs $2,805 and guarantees adjudication within fifteen business days.

For those adjusting status within the United States, the I-485 carries a fee of $1,440 for adults, with a reduced amount for children under fourteen when filed together with the parent’s petition. The EAD based on a pending adjustment now costs $260 when requested separately. The Advance Parole I-131 is $630 when filed separately from the adjustment package.

Visa Bulletin and retrogression

The Department of State’s Visa Bulletin is the compass that defines when an approved petition can effectively advance to adjustment of status or consular processing. In 2026, EB-1 remains current for most chargeability countries, with the longstanding exception of India and China, which face pronounced backlogs. EB-2 worldwide oscillates between retrogressed dates and sporadic current windows, reflecting concentrated demand and the use of unused annual family visa reserves.

India and China continue to fall outside the curve. Indian-born EB-2 beneficiaries face a waiting horizon measured in years, even though EB-2 NIW eliminates the labor certification step. For these cases, cross-chargeability strategies through a spouse born in a country with a shorter queue remain legally valid and are regularly explored in family planning strategies.

Processing times

The Texas and Nebraska service centers, responsible for a large share of EB-1 and EB-2 NIW I-140s, fluctuated between six and fifteen months for the regular track in 2025 and 2026. Premium Processing transformed the picture: by paying the additional fee, the adjudicator is required to issue a decision, RFE, NOID, or denial within fifteen business days. For those with a tight temporary visa timeline or planning consular processing with family reunification, premium has become a standard operational tool.

Prioritized sectors in practice

The meritocracy narrative has translated into greater attention to fields related to national security, advanced manufacturing, semiconductors, energy, biotechnology, defense, and artificial intelligence. Researchers and professionals whose documented contributions touch these areas have found more favorable ground in the national interest narrative of the EB-2 NIW. The formal criterion has not changed, but sectoral alignment helps at the evidence analysis stage.

Healthcare remains a separate chapter. Physicians, nurses, and therapists in geographic areas designated as Medically Underserved Areas or Health Professional Shortage Areas maintain their own NIW track, with evidentiary bases well established in administrative decisions and case law.

Strategy for those filing now

The well-prepared applicant in 2026 files a package that thoroughly documents sustained impact, independent adoption of the work performed, and relevance to one of the country’s strategic priorities. Recommendation letters must combine assessments from close colleagues with external, technical evaluations. Academic citations, when used, should be benchmarked against standards in the relevant subfield. Patents must be accompanied by evidence of licensing or real-world implementation. Entrepreneurs should include auditable metrics on revenue, funding raised, hires, and adoption.

The 2026 landscape does not reward broad narratives. It rewards precision. Those who can articulate a clear path between education, career trajectory, contributions, proven impact, and prospective contribution to the national interest of the United States are filing today in a manageable operational environment — with predictable timelines when premium processing is activated and with statutory rules that remain untouched by the political rhetoric of the current administration.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.