EB1A Experts Launches Free EB-2 NIW Track Amid Visa Delays

With EB-2 filing cutoffs still set back for most countries after the October 2026 Visa Bulletin and NIW approval rates swinging quarter to quarter, Ascent Club offers a free space for peer discussion, expert Q&As, and live sessions on filing strategy for fiscal year 2027.

EB1A Experts today announced the launch of a new EB-2 National Interest Waiver (NIW) track within their free community of Ascent Club, following the retrogression of EB-2 dates in the October 2026 Visa Bulletin.

The October 2026 Visa Bulletin marks the end of the seven-month period in which EB-2 has been “Current” for most countries in the world. EB-2 NIW applicants not born in India or China now have a new cut-off date. If you were planning to file your NIW petition and green card application together this fall, your timing has changed.

For a country-by-country breakdown, see EB1A Experts’ October bulletin analysis.

What EB-2 Retrogression in 2026 Means

Retrogression occurs when the cut-off date in the Visa Bulletin moves backwards. This can mean that people who were eligible to file or be approved last month are no longer eligible this month. The October bulletin is the first bulletin of fiscal year 2027 and has regressed the EB-2 category for those filing on charge of the Rest of World, Mexico and the Philippines to a Final Action Date of January 1st 2025. The Date for Filing is now March 15th 2026. The State Department commented that this change was required to ensure that they adhere to their quarterly and annual caps. Engineers, Researchers, Founders who intend to file their NIW petition and I-485 (green card application) together have now lost many months on their priority date. The November bulletin only moved the Final Action Date forward to April 1st 2025.

Inside the Free NIW Community Track

Inside the free NIW community

• A dedicated EB-2 NIW forum broken into sections. These sections are: research, case building, submitted or RFE’d, and approved.
• A series of live sessions focusing on NIW strategy for the 2027 fiscal year.  
• Q&A’s with EB1A Experts strategists, and a paralegal to answer any questions you have about the process, timescales, and documentation.
• Monthly Visa Bulletin breakdowns for EB-2 applicants by country of chargeability. This will generally be your country of birth.

“In September, NIW applicants born in most countries could file for their green cards without waiting. Since October, many can’t, and the November bulletin didn’t change that. People need clear answers quickly, and they shouldn’t have to pay to get them.”

— Raghu Reddy Suram, founder of EB1A Experts

NIW Approval Rate and What to Check Now

1. Check what dates USCIS will accept this month. USCIS has selected the Dates for Filing chart for Employment-Based Green Cards this month (October and November 2026). For NIW, there is no individual cutoff, but you’ll use the EB-2 row for your chargeable country. This is set by statute at 140,000 with 28.6% going to EB-2 category. There is also a 7% cap on per country allocations. There is no cut off date for NIW. You will use the EB-2 row for your chargeable country.

2.Understanding how Priority Dates work. In most cases, the priority date for NIW will be the date that your Form I-140 was properly filed with USCIS. Once your petition has been approved (you will generally be able to hold onto your date), you will have secured your place in line. This does not mean that you will receive your Green Card immediately. You must qualify for EB-2 first through having an advanced degree or exceptional ability and then meet all three prongs of Matter of Dhanasar (substantial merit and national importance, well positioned to advance the endeavour, and a net benefit from waiving the job offer) to be approved. As highlighted in their policy update in January 2025, you will have to qualify for EB-2 first.

Your chances of approval have been very variable. Between October and December 2025, your chances of approval were roughly 42.5%, increasing to 48.1% between January and March 2026 and 55.3% between April and June 2026. This compares to 95.7% in fiscal year 2022. At the end of June 2026, USCIS noted that they had 96,297 NIW petitions outstanding.

The approval rate for NIW is also changing. (Calculated from USCIS Form I-140 data)

3. When to consider an EB-1A assessment. To qualify for EB-1A, you will need either a major one-off award or at least 3 out of 10 regulatory criteria. After this, you will go through a final merits assessment. Most engineers will be able to meet the criteria of Originality of Major Significance, Published Articles, Judging (peer review at conferences etc), Critical Role, and High Salary. This is most beneficial for Indians, as the Final Action Date for EB-1 in November is February 1st 2023, compared to November 1st 2013 for EB-2. China also benefits from this, with the Final Action Date being August 1st 2023 compared to October 1st 2021. The Rest of World is Current. However, the approval rate for EB-1A has dropped to roughly 32.2% between April and June 2026, meaning it would only make sense to file a dual track if your circumstances would qualify for EB-1A alone.

About Ascent Club

The Ascent Club is a free community, created by EB1A Experts. It provides a place for professionals working to obtain their EB-1A, EB-2 NIW and O-1A visas to discuss their respective category. There are also general forums for H-1B, L-1 and F-1 questions. The club also offers courses, live events and direct contact with the EB1A Experts team. Ascent Club is available to all members regardless of whether they are clients of EB1A Experts.

About EB1A Experts

EB1A Experts is an immigration consultancy specialising in merit-based immigration options such as EB-1A, EB-2 NIW and O-1A. Founded by Raghu Reddy Suram, who gained his own green card using the EB-1A category. The company has helped over 340+ successful cases in these categories and work with a network of over 50+ partner attorneys. Its LevelUp platform offers a free eligibility evaluation for EB-1A, EB-2 NIW, and O-1A.

Schedule a free consultation with EB1A Experts.

Disclaimer: Ascent Club is run by EB1A Experts. EB1A Experts provides educational information only and is not a legal service or legal advice.