EB-2 NIW Queue Clears in 2026: What It Means for International Applicants

The Visa Bulletin for April 2026, published by the U.S. Department of State, brought a historic shift for EB-2 NIW (National Interest Waiver) applicants. The EB-2 category reached Current status for all countries except China and India. In practice, this means that applicants born in the vast majority of countries worldwide no longer face a waiting queue for the final stage of the green card process in this category. It is the first time in years that the EB-2 queue has been completely open for the Rest of World.

For those who follow the U.S. immigration process, this milestone ends a period of backlog that had accumulated months of waiting even for applicants outside the longest queues of China and India. The accelerated movement in recent bulletins culminated in this result, opening a significant window of opportunity for qualified professionals.

Understanding what this advancement means in practice, how it affects already-filed petitions, and what changes for those still planning to start the process are critical questions at this moment.

What Current Means

When a category appears as Current in the Visa Bulletin, no active cutoff date exists. All applicants with an approved I-140 petition in that category can immediately proceed to the final stage: adjustment of status (I-485) if in the U.S., or consular processing if abroad. There is no need to wait for a priority date to become current.

The priority date is, as a rule, the date USCIS receives the I-140 petition. During periods of backlog, the Department of State publishes monthly cutoff dates and only applicants with a priority date earlier than the cutoff can advance. With Current status, that restriction disappears entirely.

For the EB-2 category in the April 2026 bulletin, the final action dates were as follows:

The gap between queues is stark. Applicants from countries without retrogression face no waiting period at all. Applicants born in India carry more than 11 years of backlog, and those born in China more than 4 years. This disparity derives directly from the per-country cap established in INA 202(a)(2), which limits each country to 7% of annual allocations per category.

Trajectory of the Advancement

The progression of the EB-2 queue for the Rest of World over recent months was remarkable. In December 2025, the cutoff date stood at February 1, 2024, already a significant improvement over prior months. In subsequent bulletins, the Department of State continued advancing dates at an accelerated pace until reaching Current in April 2026.

This movement reflects a combination of factors: USCIS processing rates, variations in demand for employment-based immigrant visas, and the dynamics of visa number allocation among preference categories. When high-demand categories such as EB-1 do not use all allocated numbers, the surplus can be redistributed to EB-2 and other categories following the order established in INA § 203(b).

Impact for Applicants

Current status affects different groups in distinct ways depending on where the applicant stands in the process:

Those with an approved I-140 can file the I-485 immediately or, if outside the U.S., proceed with consular processing through the National Visa Center (NVC). There is no waiting queue. This is the ideal scenario for those who had been watching the bulletin for movement.

Those with a pending I-140: the fact that the category is Current does not accelerate adjudication of the petition itself, but it eliminates the subsequent waiting stage. Once the petition is approved, the applicant moves directly to adjustment of status without waiting in a queue.

Those who have not yet started the process: the current landscape represents a strategic window. With the queue cleared, the total processing time is reduced significantly. For EB-2 NIW applicants, who do not need a U.S. job offer, the combination of a cleared queue and no employer sponsor requirement makes the category especially attractive.

Updated Fees in 2026

The government filing fees for the EB-2 NIW process as of April 2026 are:

• I-140 (Immigrant Petition): US$ 715
• Premium Processing for I-140: US$ 2,965, guaranteeing expedited adjudication, updated as of March 1, 2026
• I-485 (Adjustment of Status): US$ 1,440, including biometrics, with a US$ 65 discount for online filing
• Consular Processing (DS-260 via NVC): US$ 345, immigrant fee

Premium processing for the I-140 is optional. The March 2026 increase raised the fee from US$ 2,805 to US$ 2,965, an inflationary adjustment provided for in federal regulations published in the Federal Register.

Beyond government fees, applicants should consider attorney fees, certified document translations, the medical examination (I-693), and any travel costs for a consular interview.

EB-2 NIW Requirements

The National Interest Waiver waives the job offer requirement and labor certification (PERM), allowing the applicant to self-petition. To qualify, the applicant must demonstrate:

1. An advanced degree (master’s or higher, or a bachelor’s with 5+ years of progressive experience) or exceptional ability in their field
2. A proposed endeavor of substantial merit with implications that go beyond the individual’s area of work
3. That it is in the national interest of the United States to waive the job offer and labor certification requirements

These criteria follow the precedent established in Matter of Dhanasar (2016), which replaced the prior three-part test from Matter of New York State Department of Transportation (NYSDOT). The Dhanasar framework is considered more flexible and has been applied consistently by USCIS, with detailed guidance in the USCIS Policy Manual, Volume 6, Part F, Chapter 5.

Strategic Considerations

While Current status is excellent news, applicants should consider that the Visa Bulletin is published monthly and dates can retrogress. Retrogression occurs when demand exceeds the supply of visa numbers, causing cutoff dates to reappear even in previously Current categories.

To mitigate this risk, the most prudent strategy is to file the I-140 as soon as possible to establish a priority date. Even if retrogression occurs in the future, an earlier priority date protects the applicant from longer queues. Using premium processing can be advantageous in this scenario, ensuring a swift decision on the petition.

Another relevant consideration is the ability to file the I-140 and I-485 simultaneously (concurrent filing) when the category is Current. This option is available to applicants already in the U.S. in valid status and allows them to request work authorization (EAD) and a travel document (Advance Parole) while adjustment of status is being processed.

The current moment combines an open category, known government fees, and a stable legal framework. For qualified professionals from any country without retrogression who are evaluating immigration to the U.S. through professional merit, the EB-2 NIW in 2026 presents one of the most favorable scenarios in recent history.

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.