The April State Department Visa Bulletin brought a rare window for EB-2 NIW: Final Action Dates for all countries except China and India are now Current. At the same time, USCIS has used the Dates for Filing chart for the sixth month in a row — meaning I-485 can be filed now without waiting for the Final Action Date.
What this means in practice for those who are in the U.S. with an approved (or concurrent filing) I-140 for EB-2 NIW:
— you can file I-485 and lock in your place in line — along with I-485 you can file I-765 (EAD — employment authorization independent of an employer) and I-131 (advance parole)
— if dates later retrogress, a filed I-485 remains in process, and EAD and AP continue to be extended
Why the dates moved forward. The State Department bulletin explicitly says: because of a drop in immigrant visa issuance abroad (a pause for 75 countries, proclamations 10949 and 10998), visa numbers were freed up and reallocated to those filing I-485 inside the U.S. In other words, the date movement is a consequence of stricter immigration policy, not its easing.
Important caveat: the State Department also warns in the same bulletin that if demand rises or the restrictions are lifted, dates could retrogress again through the end of the fiscal year (September 30, 2026). Therefore the window is considered time-limited.
For those waiting for a visa through a consulate abroad rather than doing AOS within the U.S., the movement in the bulletin does not directly help if your passport is from one of the 75 listed countries. There are lawsuits challenging the pause, but it remains in effect for now.
We specialize in employment-based visas — EB-1A, EB-2 NIW, O-1 — and represent clients at all stages: from case evaluation and petition preparation to I-485 and consular processing. If you fall into the current EB-2 NIW window and are thinking about filing I-485, or want to know whether to start an NIW case now given the date movement — write to us and we will review your situation individually.
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