EB-2 NIW Approved: Next Steps Toward the Green Card in 2026

The approval of the I-140 petition in the EB-2 NIW (National Interest Waiver) category is a decisive milestone in the immigration process, but it is not the final step toward permanent residency in the United States. Between approval and actually obtaining the Green Card, there are a series of administrative steps that vary depending on the petitioner’s location and the availability of immigrant visa numbers. Understanding the two available paths-consular processing and adjustment of status-is essential for properly planning the transition and avoiding mistakes that can delay the process by months or even years.

After I-140 Approval

With the approval of the I-140 petition, the petitioner receives the I-797 notice (Notice of Action), which contains the receipt number and the priority date, the date that determines their place in the immigrant visa queue. For EB-2 NIW, the priority date is the date USCIS received the I-140 petition. This date is crucial because the ability to move forward to the Green Card depends on the availability of a visa number, checked monthly through the Department of State’s Visa Bulletin.

In April 2026, the EB-2 category is current for all countries except India and China, both in Final Action Dates and Dates for Filing. This means that most petitioners with an approved I-140 can proceed immediately to the next step, whether consular processing or adjustment of status. Indian and Chinese petitioners, however, may face significant waits due to per-country visa limits.

To check if the priority date is current, it is necessary to consult the most recent Visa Bulletin published by the Department of State’s Bureau of Consular Affairs. USCIS publishes monthly which chart to use, either Final Action Dates or Dates for Filing, to determine when it is possible to file the I-485 or start consular processing.

Consular Processing

Consular processing is the recommended path for those residing outside the United States. After I-140 approval, the case is transferred to the National Visa Center (NVC), an agency of the Department of State responsible for managing the pre-consular stage. This transfer typically takes between 30 and 45 days from approval.

Steps at the NVC

At the NVC, the petitioner must complete the DS-260 form (Immigrant Visa Application), pay the required fees, and submit all necessary civil documentation, including birth certificate, police clearance certificate, medical exam, and financial evidence. The NVC reviews the documentation and, when the case is considered documentarily complete, schedules the consular interview. The time between submitting documents and scheduling the interview varies significantly by consulate, ranging from 2 to 12 months depending on location and case volume.

Interview and Entry into the US

The consular interview is conducted by an officer who checks the petitioner’s eligibility, reviews the documentation, and may request additional information. After the immigrant visa is approved, the beneficiary has a set period to enter the United States, at which point they are admitted as a permanent resident. The physical Green Card is mailed to the address provided in the US within a few weeks after entry.

It is important to note that, in January 2026, the Department of State implemented a pause on the issuance of immigrant visas for nationals of approximately 75 countries. This measure exclusively affects consular processing and does not impact adjustments of status made within the United States. Potentially affected petitioners should check the updated status of this policy with the relevant US consulate before deciding which path to follow.

Adjustment of Status

Adjustment of status is the option for those already in the United States with a valid visa who wish to change their immigration status to permanent resident without leaving the country. The form used is the I-485 (Application to Register Permanent Residence or Adjust Status), which can be filed as soon as the priority date is current in the Visa Bulletin. The average processing time for the I-485 in 2026 ranges from 8 to 18 months, depending on the processing center and case volume.

During I-485 processing, the petitioner may remain legally in the United States and apply for additional benefits that allow them to work and travel. This path avoids the need for a consular interview abroad and is not affected by the aforementioned immigrant visa pause, making it particularly advantageous in the current 2026 scenario.

Combo Card EAD and AP

The combo card is a document that combines work authorization (EAD, Employment Authorization Document) and travel permission (AP, Advance Parole) in a single card. Forms I-765 (EAD) and I-131 (Advance Parole) are included at no additional cost when filed together with the I-485. Issuance of the combo card takes on average 3 to 5 months and allows the petitioner to work for any employer in the United States and travel internationally without jeopardizing the ongoing adjustment of status.

Updated Costs in 2026

The I-485 fee is US$ 1,440 per applicant in 2026, already including biometrics, which was previously charged separately. Forms I-765 and I-131 have no additional cost when filed together with the I-485. For those who opted for I-140 premium processing, the fee is US$ 2,965 since March 2026, guaranteeing petition review within 45 calendar days.

In consular processing, costs include the immigrant visa processing fee paid to the NVC and the USCIS Immigrant Fee of US$ 235, charged after visa approval for Green Card production and mailing. It is also important to consider costs for the medical exam, certified translations, and any additional documents required by the consulate or NVC.

Dependents and Family

Spouses and unmarried children under 21 can be included as derivative dependents in the petition, both in consular processing and adjustment of status. Dependents receive Green Cards based on the approval of the principal petitioner, with no need for a separate I-140 petition. In adjustment of status, each dependent files their own I-485 with an individual fee and may request their own combo card.

It is essential that dependents maintain valid legal status in the United States while the I-485 is pending, if they are following the adjustment of status path. For consular processing, each dependent attends their own interview and must submit complete and independent civil documentation to the NVC.

Path to Citizenship

After obtaining the Green Card, the permanent resident may apply for American naturalization after five years of continuous residence in the United States. The form used is the N-400, and requirements include a minimum physical presence of 30 months in the five years prior to application, good moral character, basic knowledge of English, and passing the civics test. The N-400 fee in 2026 is US$ 760.

The five-year period counts from the date the petitioner was admitted as a permanent resident, either by entering the US with an immigrant visa (consular processing) or by approval of the I-485 (adjustment of status). The EB-2 NIW Green Card is initially valid for ten years and must be renewed via form I-90 before expiration, but the permanent resident status itself does not expire with the physical card’s validity.

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.