The May 2026 U.S. Visa Bulletin has announced that the EB-2 category, including the Rest of World, is now classified as “Current.” This change presents a significant opportunity for EB-2 National Interest Waiver (NIW) applicants, allowing for no backlog in visa availability and the potential for concurrent filing of Form I-140 and Form I-485.
Key Details:
- EB-2 category is currently available with no backlog.
- Applicants can file I-140 and I-485 concurrently.
- Eligible applicants can apply for Employment Authorization Document (EAD) and Advance Parole during processing.
- Demand fluctuations may lead to retrogression, as EB-2 is subject to annual numerical limits.
While this is a favorable development, it is crucial for applicants to approach the situation with caution. Historical patterns indicate that periods of “current” can change unexpectedly, making timing alone an insufficient strategy. Each NIW case should be evaluated based on eligibility under NIW standards, the strength of the national interest argument, and the overall petition structure and evidence strategy.
This is an important time for those considering an EB-2 NIW to assess their cases thoroughly.
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Source: MERIT LAW LLP