EB-2 NIW and the Visa Process
Complete NIW guide - NIW mistakes - Visa Bulletin - O-1 Petitioner - Success stories - Filing fee payment
Information on this page is current as of April 7, 2026. The Visa Bulletin is UPDATED MONTHLY. Dates, statuses, and restrictions can change. Always check the current bulletin at travel.state.gov and current restrictions on the State Department visa news page.
The Visa Bulletin 2026 in Russian: what it is, how to read the table, where to see current dates, what “Current” means, and what the status is now for citizens of Russia and CIS countries. We explain the difference between Final Action Dates and Dates for Filing, what a priority date is, retrogression and cross-chargeability in plain language. Current status of EB-1 and EB-2 NIW as of April 2026, history of the EB-2 queue since 2022, the suspension of immigrant visa issuance for 75 countries, and what to do if you are in the U.S. or abroad.
What the Visa Bulletin is, in simple terms
The Visa Bulletin is a monthly table published by the U.S. Department of State (State Department). It shows which countries and visa categories currently have available visa numbers.
Think of it like a queue: you got I-140 approval (that’s like taking a ticket), but you only get the green card when “your number is called.” The bulletin shows whose number is being processed now. If your number is "current" — you can file for the green card. If not — you wait.
Why it matters
The number of green cards is limited by law — roughly 140,000 per year for ALL employment-based categories (EB-1 through EB-5). There is also a per-country limit — no more than 7% of the total for any one country of birth. When demand exceeds supply, a queue forms.
Who this affects
- EB-1A / EB-1B: Usually no queue (Current) for most countries
- EB-2 (including NIW): May have a queue, depends on country of birth
- O-1: Not affected by the bulletin — this is a nonimmigrant visa (work visa, not a green card)
Where to check
travel.state.gov/visa-bulletin — updated monthly, usually in the middle of the previous month (for example, the bulletin for May is published in mid-April).
USCIS - Filing Charts — USCIS announces each month whether it is using Table A or Table B (details below). Check before filing I-485.
How to read the bulletin: step-by-step
This is the main table. Look for the "Employment-Based" section.
- "1st" = EB-1 (EB-1A, EB-1B, EB-1C)
- “2nd” = EB-2 (including NIW)
- “3rd” = EB-3
- etc.
- "All Chargeability Areas Except Those Listed" = all countries except India, China, Mexico, Philippines (this includes Russia, Ukraine, all of Europe, etc.)
- “China-mainland born” = China (mainland)
- “India” = India
- “Mexico” = Mexico
- “Philippines” = Philippines
- If it says "C" (Current) — there is NO queue, you can file for the green card IMMEDIATELY after I-140 approval
- If a date is listed (for example, “01JAN22”) — your priority date (the I-140 filing date) must be EARLIER than that date. If your date is later — you wait.
What is a Priority Date? It’s the date USCIS received your I-140 petition. It is locked to you permanently — even if you change categories or jobs. The Priority Date is your "ticket number" in the queue.
Two charts: Filing Date vs. Final Action Date
There are TWO charts in each bulletin, and this confuses many:
| Chart | What it means | Purpose |
|---|---|---|
| Table A: Final Action Dates | The date when the green card can be ISSUED | Your case can be finally approved |
| Table B: Dates for Filing | An earlier date that allows you to FILE I-485 | You can file earlier and obtain EAD and Advance Parole |
Practical meaning of Table B: If USCIS announces it is accepting Dates for Filing (Table B) this month, you can file I-485 (Adjustment of Status) before your date becomes Current under Table A. This gives two bonuses:
1. EAD card (Employment Authorization Document) — the right to work for ANY employer, not just the visa sponsor
2. Advance Parole (Travel Document) — the right to leave and reenter the U.S. without risking your application
Your case cannot be APPROVED until the date is Current under Table A, but you can already use EAD and AP.
Current status: April 2026
For citizens of Russia and most countries worldwide — EB-2 is CURRENT!
As of April 2026, EB-2 for "All Chargeability Areas" (all countries except India, China, Mexico and the Philippines) became CURRENT — both Table A and Table B. No queue. I-140 approved — you can file for the green card immediately.
Source: Visa Bulletin, April 2026
EB-1 (for O-1 holders transitioning to a green card)
| Country of birth | Final Action Date | Status |
|---|---|---|
| Russia and all others | CURRENT | No queue |
| China | CURRENT | No queue |
| India | CURRENT | No queue |
EB-1 is practically always Current for all countries. Rare exceptions occur at the end of the fiscal year (August–September).
EB-2 (for NIW)
| Country of birth | Final Action Date | Waiting time |
|---|---|---|
| Russia and all others | CURRENT | No queue |
| Mexico | CURRENT | No queue |
| Philippines | CURRENT | No queue |
| China (mainland) | September 1, 2021 | ~5 years |
| India | July 15, 2014 | ~12+ years |
Monthly progression of EB-2 in FY2026
How EB-2 moved to Current in 7 months (for “All Chargeability Areas” — including Russia):
Final Action Dates (Table A):
| Month | EB-1 | EB-2 |
|---|---|---|
| October 2025 | Current | December 1, 2023 |
| November 2025 | Current | December 1, 2023 |
| December 2025 | Current | February 1, 2024 |
| January 2026 | Current | April 1, 2024 |
| February 2026 | Current | April 1, 2024 |
| March 2026 | Current | October 15, 2024 |
| April 2026 | Current | Current |
EB-1 was Current all 7 months of FY2026. EB-2 moved from a cutoff of “December 2023” to Current in 7 months — a jump of more than 2 years. The biggest leap was between March and April: from “October 15, 2024” straight to Current.
Why dates moved so fast — and why it might not last
The date movement was caused by three administration actions that sharply reduced visa issuance at consulates:
1. Presidential Proclamation 10949 (June 2025) — entry restrictions for citizens of 19 countries
2. Presidential Proclamation 10998 (January 1, 2026) — expansion of restrictions to 39 countries
3. Suspension of immigrant visa issuance for 75 countries (January 21, 2026) — an indefinite pause
When fewer visas are issued at consulates, more numbers remain in the annual pool of 140,000 employment-based immigrant visas. The State Department advances the dates to use up numbers before the end of the fiscal year (September 30, 2026).
The bulletin for April 2026 contains a warning:
“As additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary later in the fiscal year.”
Translation
"As additional immigrant visa demand materializes, or administration actions are amended, retrogression may be necessary later in the fiscal year."
A former State Department official warned: “These are entirely artificial movements. If restrictions for the 75 countries are lifted — there will be a boomerang effect.” He compared it to the COVID era 2020–2022, when embassy closures caused similar forward movement of dates followed by sharp retrogression.
The paradox for Russia, Kazakhstan and Belarus
The bulletin is Current, but consular processing is FROZEN.
Russia, Kazakhstan and Belarus are among the 75 countries whose immigrant visa issuance is suspended. This creates a paradox: the bulletin dates are ideal (Current), but if you are OUTSIDE the United States and need consular processing (an interview at the embassy) — your application is effectively frozen.
Who can take advantage of the Current status:
| Situation | What to do |
|---|---|
| Russians/Kazakhstanis/Belarusians INSIDE the U.S. | File I-485 NOW. The consular pause does not affect you. Filing gives EAD + Advance Parole |
| Russians/Kazakhstanis/Belarusians ABROAD | Bulletin Current = no queue by date. Consulates continue to schedule interviews. BUT after the interview, the visa will not be issued — they place a 221(g) hold (administrative pause) until the pause is lifted. This is not a refusal — the case is on hold. See details below |
| Ukrainians | Ukraine is NOT on the list of 75 countries. You can file via I-485 (if in the U.S.) or via consular processing |
Why filing I-485 now is critically important (even if retrogression returns):
Filing I-485 while dates are Current "locks in" your benefits:
1. EAD (Employment Authorization Document) — right to work for any employer
2. Advance Parole — right to limited travel abroad
3. Protection from retrogression — your FILED application is not cancelled if dates move back; it’s simply "frozen" until they return
If you DO NOT file while dates are Current — and dates roll back in June–September — you will lose this opportunity for an indefinite period.
What actually happens for those ABROAD (Russia, Kazakhstan, Belarus)
The bulletin being Current = no queue by date. But the consular visa process currently works like this:
The State Department continues to schedule applicants for interviews at consulates and embassies. Your date being Current means there is no barrier from the bulletin.
The consular officer conducts the interview and may find you qualified for the visa.
Instead of issuing the visa, the embassy issues a refusal under 221(g) (administrative processing) and places the case "on hold." This is NOT a permanent refusal — the case awaits the lifting of the suspension for the 75 countries.
221(g) hold is not a refusal. Your case is not closed. When the suspension is lifted (by administration action or court decision), the consulate will return to your case and continue processing. You will not need to repeat the interview or refile documents.
What could change the situation: On February 2, 2026, a federal lawsuit was filed challenging the suspension of immigrant visa issuance for the 75 countries. If a court finds the policy unlawful — normal visa processing will resume, and those whose visas were withheld due to the pause will be able to continue the immigrant visa process. Follow the news.
Which CIS countries are affected by the pause
Full list of CIS countries whose citizens have immigrant visa issuance suspended (as of February 2, 2026, source: Immigrant Visa Processing Updates, travel.state.gov):
| Country | In pause? | Consular post for interview |
|---|---|---|
| Russia | Yes | Warsaw (Warsaw) |
| Belarus | Yes | Warsaw (Warsaw) |
| Kazakhstan | Yes | Almaty |
| Uzbekistan | Yes | Local consular post (by country of residence) |
| Kyrgyzstan | Yes | Local consular post (by country of residence) |
| Moldova | Yes | Local consular post (by country of residence) |
| Armenia | Yes | Local consular post (by country of residence) |
| Azerbaijan | Yes | Local consular post (by country of residence) |
| Ukraine | No | Kyiv (but there are martial law travel restrictions) |
| Georgia | Check the current list | Local consular post (by country of residence) |
Exception: dual nationality. If you have a passport of a country NOT on the list of 75, you can apply using that passport. For example, a Russian citizen with an Israeli passport can apply as an Israeli citizen. This is explicitly stated in the State Department FAQ. However, chargeability (the country used for the bulletin) is still determined by country of BIRTH.
Ukraine: special situation
Ukraine is NOT on the list of 75 countries — Ukrainians can undergo consular processing. However, the consulate in Kyiv warns: having a U.S. immigrant visa does not guarantee the right to leave Ukraine under martial law restrictions. Men aged 23–60 may face exit restrictions under Ukrainian law — this is a Ukrainian restriction, not a U.S. one.
DV lottery: full pause
Separate from employment visas: Since December 23, 2025, the State Department has imposed a full pause on Diversity Visa (DV) issuance — NO exceptions. DV-2026 entrants may attend interviews, but visas will not be issued. The DV-2026 deadline remains September 30, 2026. More: Diversity Visa Issuance Updated Guidance.
Timeline of events 2025–2026
| Date | Event |
|---|---|
| November 1, 2025 | NVC begins scheduling interviews by country of residence/citizenship (new rules) |
| December 23, 2025 | State Department imposes a full pause on Diversity Visa issuance with no exceptions |
| January 21, 2026 | State Department suspends immigrant visa issuance for citizens of 75 countries (including Russia and part of the CIS) |
| February 2, 2026 | A federal lawsuit was filed challenging the suspension for the 75 countries |
| April 2026 | Visa Bulletin: EB-1 and EB-2 Current for All Chargeability Areas |
| September 30, 2026 | End of FY2026. DV-2026 deadline. Possible EB-2 retrogression |
“All Chargeability Areas” — what that means
The Visa Bulletin provides separate rows only for the four countries with the highest demand: China, India, Mexico, Philippines. ALL other countries fall under “All Chargeability Areas Except Those Listed” (shortened to “Rest of World” or ROW).
This includes: Russia, Ukraine, Belarus, Kazakhstan, Georgia, Armenia, all of Europe, Canada, Japan, South Korea, Brazil, all of Africa — and every other country.
Country is determined by BIRTH, not by citizenship. If you were born in Russia but have Kazakhstani citizenship — for the bulletin you are "Russia" (= ROW, no queue). If you were born in India but live in Germany and have a German passport — for the bulletin you are "India" (12+ years queue). You cannot change your country of birth.
History: how the EB-2 queue appeared and what’s happening now
To understand why the bulletin is Current now and how rare this opportunity is, you need the history.
Why a queue appears at all
Imagine a movie theater with 140,000 seats (the annual employment-based green card limit). Seats are distributed across auditoriums: EB-1 (first priority), EB-2 (second), EB-3 (third), etc. Plus the rule: no more than 7% of seats for one country of birth.
When applicants are fewer than seats — everyone gets in at once (Current). When applicants exceed seats — a queue forms and you wait for your priority date to be processed. For India and China the auditorium is ALWAYS overfilled due to very high demand. For Russia and most other countries — the auditorium is usually half-empty.
How it used to be: no queue for years
Until late 2022, EB-2 for Rest of World (ROW) — which includes Russia — was practically always Current. If your I-140 was approved, you filed for the green card immediately. There was no queue. This was the norm for decades.
2022–2025: a queue appeared for the first time
In December 2022 there was a surprise — for the first time in many years ROW had a cutoff date. What did this mean in practice? Previously you got I-140 approval and immediately filed I-485. Now you were told: “Your date is January 2023, but we are processing only November 2022 right now. Wait.”
This shocked many who were used to the instant process.
Timeline
| Period | What the bulletin showed | What it meant in practice |
|---|---|---|
| Before 2022 | Current | I-140 approved — you file for the green card immediately. No waiting |
| December 2022 | Cutoff: November 1, 2022 | For the first time in years: “your number hasn’t been called yet, wait.” Shock |
| 2023 | Dates fluctuated within 2022–2023 | Waiting 6–18 months. Unusually long for ROW |
| August 2025 | Cutoff rolled back to September 1, 2023 | End of fiscal year, numbers ran out. Retrogression |
| October 2025 | Cutoff: December 1, 2023 | New fiscal year — fresh numbers, dates moved forward |
| January 2026 | Cutoff: April 1, 2024 | Rapid forward movement |
| March 2026 | Current (Table B) | Filing dates — you can file I-485 |
| April 2026 | Current (both charts) | Full restoration. No queue. File now. |
Why Current returned — and why it can go away
Current in April 2026 is not “everything fixed forever.” It’s the result of specific administration actions (suspending visas for 75 countries) that ARTIFICIALLY reduced demand for visa numbers. When fewer people receive visas at consulates, numbers are “freed up” for those filing inside the U.S.
If restrictions are lifted (by court decision or administration), demand will return and dates may retrogress. The bulletin itself warns: “retrogression may be necessary later in the fiscal year.”
Conclusion: Current for ROW is a window of opportunity, not a new norm. If your I-140 is approved and you are in the U.S. — file I-485 NOW. Even if dates later roll back — your FILED application is not cancelled, it’s "frozen" until dates return. Plus you’ll get EAD (work authorization) and Advance Parole (travel document).
Cross-Chargeability: a lifehack for India and China
If your spouse was born in a country with better dates, you can use their country of birth. This is called cross-chargeability.
Example: You were born in India (EB-2: 12+ years queue), your wife was born in Russia (EB-2: Current). You can "cross-charge" to Russia and file immediately.
Conditions:
- Both spouses must file for the green card TOGETHER (you cannot cross-charge and then file separately)
- Determined by country of BIRTH, not citizenship
- Works both ways: the principal applicant can use the derivative spouse’s country
FAQ
What is retrogression?
Retrogression is when a date in the bulletin MOVES BACK. For example, in July the date was “01JAN23”, and in August it became “01SEP22” — that means dates moved back by 4 months. This happens when USCIS/State Department sees that visa numbers will not be sufficient to last until the end of the fiscal year (September 30). Your petition is not cancelled — you just wait longer.
What is the fiscal year and why is it important?
The U.S. government’s fiscal year runs October 1 – September 30. A new quota of visa numbers opens on October 1. Therefore, at the start of the fiscal year (October–December) dates usually move forward, and near the end (August–September) they can move back — numbers run out. April 2026 = middle of FY2026, Current for ROW.
How often is the bulletin updated?
Once a month. Usually published in the second–third week of the previous month. For example, the May 2026 bulletin will be published around April 15–20, 2026. You can subscribe for updates at travel.state.gov.
I filed I-140 but the date is not Current. What should I do?
Wait. Your priority date is fixed. When the date in the bulletin “reaches” your priority date — you will be able to file I-485 (if in the U.S.) or start consular processing (if abroad). Meanwhile — monitor the bulletin monthly. Sometimes dates jump forward several months at once.
Is EB-1 affected by the bulletin too?
Technically yes, but in practice EB-1 is almost always Current for all countries. Rare retrogressions occur in August–September (end of fiscal year) and usually last 1–2 months. For EB-1A/EB-1B from Russia this is practically not an issue.
What does the letter 'U' mean in the bulletin?
“U” means “Unavailable.” If you see “U” in a cell — visas in that category for that country are completely exhausted. You cannot file; wait for the next month (or the new fiscal year on October 1). “U” is extremely rare for EB-1 and ROW EB-2, but occurs regularly for EB-2 India and China.
What is form I-797 and where to find the Priority Date?
I-797 (Notice of Action) is a notice from USCIS you receive after filing or approval of a petition like I-140. The top of the I-797 shows your Priority Date — the date USCIS received your petition. This date is fixed to you permanently and determines your place in the Visa Bulletin queue. Compare your Priority Date to the bulletin: if your date is earlier — you can file.
What happens on retrogression if I-485 is already filed?
If you already filed I-485 and then dates move back (retrogression) — your application is NOT denied. It is simply “frozen” (suspended) at USCIS until your date becomes Current again. The application remains at the same service center. When the date returns — adjudication resumes. USCIS recommends keeping your address up to date and notifying them of any change.
Two paths after I-140 approval
After I-140 approval and when your date in the bulletin becomes Current, you have two paths to the green card:
File form I-485 (Application to Register Permanent Residence or Adjust Status). This changes your current status (F-1, H-1B, O-1, B1/B2, etc.) to permanent resident status. You remain in the U.S. throughout the process.
File form DS-260 (Immigrant Visa Application) through the National Visa Center (NVC). Attend an interview at the U.S. consulate or embassy in your country. Receive an immigrant visa, enter the U.S., and get your green card.
O-1 and the bulletin: The O-1 visa is a NONIMMIGRANT (work) visa. The bulletin does NOT affect it. If you have O-1 and want a green card — you must separately file an I-140 under EB-1A or EB-2 NIW. After I-140 approval, watch the bulletin.
Glossary of terms
| Term | What it means |
|---|---|
| Priority Date | The date USCIS received your I-140 petition. Your “ticket number”. Find it on form I-797 (Notice of Action) |
| Final Action Date | The date in the bulletin (Table A) showing which applications are currently being approved |
| Filing Date | The date in the bulletin (Table B) showing who can FILE I-485/DS-260 |
| Current (“C”) | Visas are available, no queue. You can file immediately |
| Unavailable (“U”) | Visas are completely exhausted. Wait for next month |
| Retrogression | Dates moved backward. If your date stops being Current — you wait |
| Chargeability | The country you are “charged to” — determined by country of BIRTH |
| Cross-chargeability | Using spouse’s country of birth for a better date |
| I-140 | Petition (Immigrant Petition for Alien Worker) — first step |
| I-485 | Application to adjust status — second step (inside the U.S.) |
| DS-260 | Immigrant visa application — second step (abroad) |
| I-797 | Notice from USCIS (Notice of Action) — contains your Priority Date |
| NVC | National Visa Center — processes consular cases |
| Employment-Based Preferences | The employment categories section of the bulletin (EB-1 through EB-5) |
Disclaimer: Information on this page is current as of April 7, 2026 and is provided for educational purposes only. The Visa Bulletin is updated monthly and administration policies can change at any time. Always check official sites for current data: travel.state.gov (bulletin) and uscis.gov (which chart to use). For legal questions, consult an immigration attorney.