Visa Bulletin and EB-2 NIW: How the Green Card Queue Works in 2026

The green card queue through the EB-2 NIW (National Interest Waiver) has undergone a significant transformation in recent months. The April 2026 Visa Bulletin, published by the Department of State, brought a change that many Brazilians were hoping for: the EB-2 category for most countries, including Brazil, reached “Current” status in the Final Action Dates chart. In practice, this means there is no longer a queue based on priority dates for Brazilian nationals and most other countries, except China and India.

This development represents a strategic window for those planning to pursue a green card through professional merit, without the need for a job offer in the United States. Understanding how the Visa Bulletin works, what the dates mean, and how to position your petition is essential to take advantage of this favorable moment.

The scenario, however, is not uniform for all countries, and the rules may change with each monthly bulletin. This guide explains, with verified data from April 2026, everything you need to know about the EB-2 NIW queue.

What Is the Visa Bulletin

The Visa Bulletin is a monthly bulletin published by the U.S. Department of State that reports the availability of immigrant visas in each employment-based (EB) and family category. It works as a queue system: each approved I-140 petition receives a priority date, which generally corresponds to the date the USCIS received the petition. The Visa Bulletin compares this date with the published cutoff dates to determine if a visa number is available.

The bulletin contains two main charts: Final Action Dates, which indicates when a visa can actually be issued, and Dates for Filing, which allows for early filing of adjustment of status (I-485) or consular processing. For April 2026, USCIS has confirmed that it will follow the Dates for Filing chart for employment-based categories.

EB-2 NIW in April 2026

The current scenario for EB-2 in the Final Action Dates chart is as follows: for most countries, including Brazil, Mexico, the Philippines, and all other regions except China and India, the category is marked as “Current.” This means there is no queue: any approved I-140 petition can immediately proceed to the final stage of the green card process, whether through adjustment of status in the U.S. or consular processing.

For China, the cutoff date remains January 1, 2022, with no recent movement. For India, the date has advanced to January 15, 2015, a two-and-a-half-month advancement compared to the previous bulletin. These two countries face significant delays due to high demand relative to the limited number of annual visas per country, as set by Section 202 of the INA.

What “Current” Means

When a category appears as “Current” in the Visa Bulletin, the numerical restriction based on priority dates no longer exists for that group of countries. In practice, for Brazilians with an already approved I-140 in the EB-2 NIW category, this means the process can move directly to the final stage: filing the I-485 (adjustment of status, for those in the U.S.) or scheduling the consular interview (for those outside the U.S.).

For those who have not yet filed the I-140, the “Current” status eliminates concerns about waiting time in the queue. However, the full EB-2 NIW process still involves a merit review by USCIS, which can take months depending on case volume and petition complexity.

Current Process Costs

The government cost of the EB-2 NIW in 2026 includes the following main fees. The filing fee for Form I-140 is $715. For self-petitioners, as is the case with the NIW, there is an additional Asylum Program Fee of $300. Those opting for premium processing (Form I-907) will pay an additional $2,965, guaranteeing an initial USCIS action within 45 business days: approval, denial, request for evidence (RFE), or notice of intent to deny (NOID).

At the final stage, the I-485 (adjustment of status) costs $1,440 per applicant ($1,375 if filed online), with biometrics already included in the fee. For those opting for consular processing, the National Visa Center and DS-260 fees apply separately. The total process costs, excluding attorney fees, generally range from $2,500 to $5,500 depending on the chosen path and use of premium processing.

Filing Strategy

The current moment offers favorable conditions for Brazilians who meet the EB-2 NIW criteria. With the queue cleared, the determining factor becomes the strength of the case itself: demonstrating exceptional qualification and that waiving the job offer requirement serves the U.S. national interest, according to the Matter of Dhanasar (2016) framework.

Three criteria must be satisfied under Dhanasar: the proposed endeavor must have substantial merit and national importance; the petitioner must be well positioned to advance the endeavor; and, on balance, it must be beneficial for the U.S. to waive the job offer and labor certification requirements. Robust documentation, including publications, citations, reference letters, and measurable professional impact, is what differentiates approved petitions from denied ones.

It is worth monitoring the Visa Bulletin monthly, as the “Current” status may retrogress if demand increases significantly. Historically, categories that reach “Current” may retrogress at the start of the new fiscal year (October), when annual quotas are reset. Planning your filing with a margin of advance reduces the risk of being caught by a retrogression. For those who already have an approved I-140, filing the I-485 while the category is Current ensures that the priority date is locked in, even if there is a subsequent retrogression.

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.