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EB-2 NIW

Visa Bulletin for EB-2: How to Read the Priority Date and Availability

André LinharesOct 20, 20266 min read
Visa Bulletin for EB-2: How to Read the Priority Date and Availability

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In this article
  1. What the priority date is in EB-2 NIW
  2. How to find the right row and column
  3. Why the bulletin has two employment-based tables
  4. Dates for Filing
  5. Final Action Dates
  6. How to compare the priority date with the cutoff date
  7. What C and U mean
  8. Official example: EB-2 in October 2026
  9. Final Action Dates
  10. Dates for Filing
  11. The applicable date can change during the process
  12. A safe reading sequence

EB-2 NIW

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To read the Visa Bulletin for EB-2, you need to match the priority date, category, chargeability area, and the table that applies to the intended action. Learn how to distinguish Dates for Filing from Final Action Dates, interpret C and U, and avoid turning the bulletin into a promise of timing.

The Visa Bulletin does not tell you how much longer an individual case will take. It shows, for a specific month, how visa-number availability is organized by category, priority date, and chargeability area.

To read EB-2 correctly, four pieces of information must be defined before making a comparison: what the priority date is, what the category is, which chargeability column applies, and what action the person intends to take. Without these four points, selecting a date in the chart can lead to the wrong conclusion.

What the priority date is in EB-2 NIW

The priority date establishes the petition's chronological position within the numerically limited category. In an EB-2 NIW, which does not require labor certification, it is generally the date on which Form I-140 was properly filed with USCIS with the signature, fee, and required initial documentation.

The first practical step is to check the priority date on the official case notice. It should not be assumed to be the approval date, the payment date, the day the documentation began to be prepared, or the mailing date.

There are also rules regarding priority-date retention and situations involving more than one petition. They depend on the facts and should not be applied automatically. This article explains the basic reading of a petition; it does not determine which date a person may use in a case with a more complex history.

How to find the right row and column

In the Visa Bulletin, EB-2 appears in the 2nd row of the employment-based tables.

After finding the row, it is necessary to select the chargeability column. In general terms, it follows the country of birth, not necessarily citizenship, current residence, or filing location. There are specific rules and exceptions, including in some family situations, so a different column should not be chosen simply because a person lives in another country or has another nationality.

For countries without their own column, use All Chargeability Areas Except Those Listed. Mainland China, India, Mexico, and the Philippines appear separately in the October 2026 edition.

Why the bulletin has two employment-based tables

The bulletin publishes two tables with different functions.

Dates for Filing

The Dates for Filing table indicates when a priority date falls within a window that permits certain filing or document-preparation steps, subject to the rule of the responsible agency.

In consular processing, the Department of State uses the table to indicate when applicants may be asked to collect and submit documentation to the NVC, following the instructions they receive.

For adjustment of status, it is not enough to open the bulletin and choose that table. Each month, USCIS states whether employment-based applicants may use Dates for Filing or must use Final Action Dates to file Form I-485. In October 2026, the official USCIS page directed the use of Dates for Filing for all employment-based preferences.

That instruction applies to October 2026. It should not be carried over to November or another month without a new check.

Final Action Dates

The Final Action Dates table indicates when a number is authorized for final action in qualified cases, subject to the other requirements. It remains relevant even when USCIS permits the use of Dates for Filing to submit Form I-485.

Filing and receiving a final decision are not the same event. An I-485 may be accepted for filing under Dates for Filing and still not be approvable because the Final Action Date has not reached the priority date or another requirement remains pending.

How to compare the priority date with the cutoff date

The comparison rule is strict: when the cell shows a date, the case's priority date must be earlier than the cutoff date. Equal is not earlier.

A hypothetical example helps. If a particular cell shows 15MAR26:

  • a priority date of March 14, 2026 is earlier than the cutoff;

  • a priority date of March 15, 2026 is equal to the cutoff and does not satisfy the “earlier than” rule;

  • a priority date of March 16, 2026 is later than the cutoff.

The example teaches only the comparison. It does not conclude that the person may file or that the case will be approved, because category, chargeability, applicable table, processing path, and other requirements still need to be considered.

What C and U mean

When the cell has a letter rather than a date:

  • C, for current: in that table and column, there is no cutoff date limiting cases; priority dates may proceed for the corresponding action if the other requirements are met;

  • U, for unavailable: numbers are not authorized for issuance or final action in that category and month, in the context of that table.

Current does not mean “green card approved,” “immediate interview,” or “case without a queue.” It means only that the numerical barrier expressed by that cell does not impose a cutoff date for the corresponding action that month.

Official example: EB-2 in October 2026

The October 2026 Visa Bulletin listed the following dates for EB-2:

Final Action Dates

  • All Chargeability Areas Except Those Listed: January 1, 2025;

  • Mainland China: October 1, 2021;

  • India: November 1, 2013;

  • Mexico: January 1, 2025;

  • Philippines: January 1, 2025.

Dates for Filing

  • All Chargeability Areas Except Those Listed: March 15, 2026;

  • Mainland China: January 1, 2023;

  • India: January 15, 2015;

  • Mexico: March 15, 2026;

  • Philippines: March 15, 2026.

These data show why the table must be named. Saying only that “EB-2 is in March 2026” omits that this cutoff was a Dates for Filing cutoff, not a Final Action Dates cutoff, for most areas.

The dates also do not allow calculation of how much time remains for another priority date. Bulletin movement depends on statutory limits, reported demand, and number usage; it may move forward, remain unchanged, retrogress, or become unavailable.

The applicable date can change during the process

A person may be eligible to file Form I-485 in one month and later see the Final Action Date retrogress before a decision. In that situation, USCIS may keep the application pending but may not approve it until a number again becomes available and the other requirements are met.

In consular processing, being within a date also does not guarantee an interview or visa. The case must complete the NVC steps, become documentarily complete, have a number available, and receive a post appointment. At the interview, the consular officer still evaluates visa eligibility.

For that reason, the bulletin should be read again in the month of the relevant action. An old snapshot may help explain history, but not decide a filing or predict a future outcome.

A safe reading sequence

Before reaching a conclusion, follow this order:

  1. check the priority date on the official case document;

  2. confirm that the category is EB-2;

  3. identify the applicable chargeability, without confusing it with residence or citizenship;

  4. define whether the question is about filing, consular preparation, or final action;

  5. open the correct edition of the Visa Bulletin;

  6. for adjustment, check which table USCIS designated that month;

  7. compare the priority date with the correct cell, remembering that it must be earlier than the cutoff;

  8. check whether a later bulletin or retrogression occurred before the action.

If there is more than one petition, priority-date retention, cross-chargeability, a family change, or doubt about the processing path, the reading requires further analysis.

To understand how the priority date and Visa Bulletin connect to your process stage, learn about Linhares Law's work in EB-2 NIW cases.

FAQ

Generally, no. Because NIW does not require labor certification, the priority date is usually the date on which the I-140 was properly filed with USCIS. The official case document should be checked, especially when there is another petition or possible date retention.

USCIS states each month whether employment-based filings may use Dates for Filing or must use Final Action Dates. In October 2026, the chart authorized for filing was Dates for Filing. This selection must be reconfirmed in the month of filing.

Not necessarily. Dates for Filing may permit filing when USCIS designates it, but a final decision remains subject to availability in Final Action Dates and the other requirements.

No. When the cell contains a date, the priority date must be earlier than the cutoff. An equal date does not satisfy the bulletin's comparison rule.

C means current: in that table, category, and column, there is no cutoff date restricting the corresponding action. It does not guarantee valid filing, an interview, approval, or immediate issuance.

Not reliably. Dates may advance, remain unchanged, retrogress, or become unavailable. The distance between a priority date and the cutoff does not directly convert into waiting time.
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About the author
André Linhares
Founding Partner

U.S. immigration attorney with 15+ years representing international professionals, executives and investors.

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