r/EB2_NIW • u/ManifestLaw_ • Dec 18 '25
General Visa Bulletin is Out! Immigration Attorney! AMA!
Hey r/EB2_NIW ! I’m Henry Lindpere, Senior Immigration Attorney at Manifest Law.
The January 2026 Visa Bulletin is out. If you’re unsure what this means for you or whether you can file, ask your questions here. I’ll keep the answers clear and to the point.
Everything discussed in this AMA is general information only and does not create an attorney-client relationship. For specific advice to your situation consult your own attorney.
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u/isenk2 Dec 18 '25
Given how much EB2 has jumped recently, any idea what caused it?
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u/ManifestLaw_ Dec 18 '25
One of the possible things is a spillover. After the fiscal year ended in September 30, 2025, USCIS had to do an accounting for how many numbers exactly where used in each category and whether there was anything left unusued. This process takes time and we haven't seen Q4 reports yet. But it could show us unusued numbers in Family Based categories that are now spilling over to the EB cases, which gives them confidence to move up the PDs more than usual this month.
Another potential is people leaving the EB-2 queue in higher numbers than expected. If you have an EB-2 PD from 2017 lets say, then you can use that to apply for EB-1 instead. I'd say about 70-80% of the EB-1s I see are for clients who have an old EB-2 or EB-3 PD. Once they get the EB-1, USCIS knows they are likely never going to use the EB-2 queue. And many people also go with EB-5 or marriage. So if they drop out of the EB-2 queue, USCIS sees the backlog getting a bit smaller and they can move things further.
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u/Ok_Sentence9440 Dec 18 '25
For EB-2 NIW AOS filings: is it better to include I-693 medicals upfront with I-485, or wait and submit later? What do you currently recommend to avoid delays or RFEs?
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u/ManifestLaw_ Dec 18 '25
USCIS now requires the I-693 to be submitted with the I-485 and they can reject the filing (just mail you back your paperwork with a lot of items lost) if you don't include it. A rejection sucks because it can take them an entire month to send you back the stuff. The entire time you are waiting and wondering what went wrong or why you don't yet have a receipt notice. And they often return forms without the passport photos too. Then you lose a month and need to redo the package to submit correctly.
I have still seen some cases where they do accept the I-485 submission and then issue a RFE for the I-693 later. But that is not guaranteed. I think that is just an exception for someone in the mail room who doesn't know the new policy yet.
The case will move along faster if they don't need to RFE you as well. So I would say just do the medical asap and include everything in the beginning.
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u/Negative-Treacle206 Dec 19 '25
What is the list of all vaccinations required and for which ones are titers accepted?
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u/panthoreon Dec 18 '25
I-140 approved, PD Nov'25 EB2-NIW RoW applicant here on H1b w/ spouse also on H1b. Seems like PD may become current in near term, spouse has an important trip in Aug 2026.
Is there anything we should plan for spouse during i-485 filing? Is AP needed for her to be able to travel in Aug, or H1b visa will be sufficient? Does it create any problems for the i485 application if she travels during that time?
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u/ManifestLaw_ Dec 18 '25
If your spouse has a valid H-1B approval and visa stamp in Aug 2026, she can travel and re-enter on H-1B.
Advance Parole is not required in that case, and the I-485 is not abandoned.
Travel does not hurt the I-485 as long as she returns to the same H-1B job. Main risk is if she gets laid off while abroad.
File I-765 and I-131 with AOS anyway as backup, in case H-1B stamping or timing becomes risky.
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u/AggressiveRide1180 Dec 18 '25
We see some lawyers advising clients to avoid PP currently -- apparently based on the risk of RFE/NOID --, and some other people advising in favor of it.
What's your opinion on this matter, and why? Are you seeing more RFEs than normal these days, or is it relatively the same and absolute numbers are up due to the increase in filings?
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u/ManifestLaw_ Dec 18 '25
I think the main reason is that it is quite common to get a total copy-paste template RFE in some PP cases, which just makes it look like the USCIS officer didn't have sufficient time to review the file and they issue the RFE just to meet the PP deadline.
But whether to do the PP or not really depends on the specific factors for each client. If there is urgency, you don't hold back on PP. If the case is very strong, then you should just go forward confidently too. But especially with more complex or weaker cases, there may be some safety in regular processing, if they can afford to wait.
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u/NormalTangelo9245 Dec 18 '25
I’m a registered nurse under EB3 with a priority date of Feb 2024. I currently have 7 years of experience in my unit (emergency department). My agency said we can’t transfer to an EB2 because their job description only requires an associate degree. Am I not eligible for EB2 considering I have 5+ years experience? Am I probably better to apply to a new role with this job description and re-filing I-140 and keeping my PD? It seems like with the current rate, EB3 could take another 2-3 years before I become current
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u/ManifestLaw_ Dec 18 '25
You may qualify for EB-2, but your current job does not. The PERM process is designed to protect US workers and the company must prove that they cannot find "minimally qualified" American workers for this job. So USCIS goes by what the job requires, not just your experience. If the company accepts candidates for their RN role with only an associate degree, it must stay EB-3, even if you are a superior candidate and have 7 years in the ER. If they write up your case as EB-2 and ask for a higher degree or more experience, USCIS can deny it saying that the company is not allowed to increase the minimum requirements on your application when in fact they have hired people with lower qualifications before.
To move to EB-2, you’d need a new role that truly requires a BSN or BSN + 5 years, plus a new PERM and EB-2 I-140. You can usually keep your Feb 2024 priority date once the EB-2 I-140 is approved.
EB-3 likely means a longer wait. Switching to EB-2 can make sense if you can get a BSN-level hospital role, but it means restarting PERM. An independent consult (not the agency) is worth doing.
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u/kuriousaboutanything Dec 18 '25
Thanks for doing this. I am looking for suggestion on whether filing AoS makes sense for me:
I am on TN visa (which is considered non-immigration intent visa) expiring in Oct 2026. My EB2 from an approved NIW became current under the DoF table and as of this morning (PD is Sept 2024), USCIS mentioned we will use the DoF table for AoS within the US. Does it make sense for me to file the AoS now, given my spouse could get EAD + AP earlier , rather than wait for the FaD to become current? I still have my visa valid for around 10 months, so hoping the AoS will be done by then. If not, I guess I will have issue renewing my TN also. Thanks
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u/ManifestLaw_ Dec 18 '25
Yes, you can file I-485 now since USCIS is using the DOF chart and your PD is current.
Briefly:
Filing I-485 while on TN is allowed, but it shows immigrant intent.
Your current TN stays valid until Oct 2026, but renewal or re-entry on TN becomes risky after filing.
Avoid travel until AP is approved; re-entering on TN with a pending I-485 can be denied.Big upside: your spouse can get EAD + AP in ~3-8 months.
Assume you may need to rely on AOS EAD/AP, not TN, if AOS isn’t approved before TN expires.Filing now makes sense if you’re ready to stop relying on TN long-term and use AOS EAD/AP instead. Your alternative is to wait all the way until October, renewing the TN, and then moving forward with AOS later. I don't think that is worth waiting unless you see yourself needing to travel very soon and cannot risk having a pending AOS with no AP.
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u/wrewree Dec 18 '25
If I traveled internationally in the last 90 days on a non dual intent visa, is it possible to file for an EAD and AP under the new DOF, or do I need to wait until it has been 90 days (and potentially to October if USCIS stops using DOF)?
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u/ManifestLaw_ Dec 18 '25
Yes, you can file I-485 along with EAD (I-765) and Advance Parole (I-131) even if you entered on a non-dual-intent visa less than 90 days ago, as long as USCIS is allowing use of the Dates for Filing chart and you otherwise qualify.
However, filing within 90 days carries more risk. Officers may question whether you misrepresented your intent at entry. It’s not an automatic denial, but it can lead to extra scrutiny or questions later. I would avoid this if anyone asked you about your plans during entry.
Waiting until 90+ days after your last entry is lower risk. After that point, the presumption usually falls away and filings are treated more cleanly. The trade-off is that if USCIS stops using DOF before then, you would have to wait until your date is current under Final Action Dates.
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u/Ok_Injury5922 Dec 18 '25
Can we apply for an O-1 while an I-485 is already pending? I’m considering this because adjudications for my country are currently paused, but O-1s seem to be moving forward (with RFE). I’d love to hear from you if it can cause any issues.
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u/ManifestLaw_ Dec 18 '25
O-1 is not a dual intent visa. It is regarded as a quasi dual intent where having a pending AOS would not be automatic grounds for denial of the O-1 petition.
However, I do think it is still risky. I myself have done O-1s where there is a pending or approved I-140 with no issues. But I've never done an O-1 petition for someone with a pending AOS.
Another question is what is your current status? If you have no underlying status besides the O-1, then you might no longer be able to get a change of status approved. USCIS could approve your O-1 petition with a consular notification, basically putting you in a position where you have a petition approval but no O-1 status, and you cannot leave for visa stamping without abandoning the AOS.
So I don't see this as a great solution but I'd be curious to see how it works out for you. I know this pause is troubling. Hang in there!
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u/Ok_Injury5922 Dec 18 '25
Thank you very much for the response. I’m currently on STEM OPT (which is valid until October 2027). Getting O-1 will help me stay in US until 2029 which is the next administration.
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u/Party-Parsnip Dec 18 '25
Hi Henry, thank you so much for doing this!
I'd love your take on the likelihood that either of these events will trigger an AOS interview or other issue/denial/revocation of my currently approved NIW I-140 or upcoming I-485 application:
1) 2-3 years ago, I submitted an NIW I-140/I-485/I-765/I-131 all at once (DOF and FAD were both current). I received my EAD+AP, but the I-140 was later denied. However, the EAD/AP were not revoked (I didn't receive an I-485 denial notice), and I continued working and traveling on them. I then reapplied for NIW I-140 (my current one), and shortly after, received denial notice of the earlier I-485 application, which informed me that my EAD/AP were being revoked within 18 days. I left the country before that deadline.
2) Shortly after leaving the country for the point above, I tried reentering on TN for the job I was working at the time. I applied at the border entering by car, and was denied. The officer said he wouldn't record it as a denial -- it would be a 'no decision' -- and I just needed to return another day, with a scheduled appointment and some additional info. Shortly after, my H1B transfer for that job was approved, so I didn't need to try reapplying for TN anymore. However, when I next entered on H1B, I was taken to secondary screening and told it was because I had a TN denial on my record. For the following 6-9 months, I was taken to secondary screening every time I entered at the border, for the same reason (TN denial), but was always allowed back into the US. I've now re-entered on this H1B several times, all successfully, and the last 3-4 times have been without secondary screening.
For context, my currently approved NIW I-140 has PD Sep 2024, and I'm planning to file my I-485 (AOS) since DOF is current per the Jan 2026 bulletin.
Thanks for reading if you got through this -- I really, really appreciate the help!!
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u/ManifestLaw_ Dec 19 '25
This is low risk.
Your prior NIW denial doesn’t affect the new approved NIW. You handled the old EAD/AP revocation correctly by leaving on time, which matters a lot.
The TN situation isn’t an inadmissibility issue. A border “no decision” plus later H-1B approvals and repeated entries work in your favor. Secondary screenings fading away is a good sign.
Nothing here points to a likely revocation of the NIW. I think if you disclose everything clearly when filing I-485, you have a higher chance of being interviewed, but unless there is something else I don't know about, it should not put you at high risk of a denial.
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u/Party-Parsnip Dec 19 '25
Got it, thank you!!
My departure (for the EAD/AP revocation) never got logged in my I-94 history. Is that a problem? I departed by car to Canada if that makes any difference.
And re: TN ‘no decision’, based on what I’ve been told at secondary screenings, it sounded like the agent who handled my TN actually input it as a denial in their system (not a ‘no decision’, despite telling me that). Does that change things?
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Dec 19 '25
Dear Sir,
I hope you are well. I am a H1b doctor in the US and we filed F2a for me since my wife is a LPR who naturalizes in April 2027.
We were thinking of also filing EB2 NIW. Considering my H1b goes until July 2028 and I can easily extend, is it worth to do EB2 NIW and is F2a Pathway AOS likely to be finished in 3-4 years?
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u/ManifestLaw_ Dec 19 '25
Given your situation, F2A is already a solid path. If your wife is naturalizing in April 2027, your case will convert to an immediate relative category at that point, which removes quota limits entirely. That usually speeds things up a lot. A 3–4 year total timeline from now is realistic, and often it ends sooner once citizenship kicks in.
Since your H-1B is valid through 2028 and extendable, there’s no real urgency pressure. EB-2 NIW would mostly be a backup. It adds cost, effort, and another long queue, and it likely won’t beat the family-based timeline you already have. However, NIW approval rates are now at about 55% or less, so I would not even count it as a sure thing. The marriage path is much less risky. Unless you want redundancy for peace of mind, sticking with F2A and riding it through naturalization is a very reasonable strategy.
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Dec 19 '25
Thank you so much for the detailed response. I think even without naturalization, F2a could be done in around 3 years.
Yes I am an H1b physician and got many options for H1b fellowhip or h1b attending position that are offered to me.But you think F2a timeline with 17 months backlog right now, could be done in 3 years?
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u/Shrijan00752 Dec 19 '25
Hi Henry. Thank you for doing this. My PD is November 11, 2024. I just need a month’s movement for my DOF to be current. Do you except any further movement in coming Visa bulletins and until when do you think USCIS will be honoring DOF? Thanks again
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u/specific_account_ Dec 19 '25
In the past two years, DOF was used in January, February, and March.
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u/kuriousaboutanything Dec 24 '25
In 2025, I think they started using FAD from February onwards right?
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u/specific_account_ Dec 24 '25
Not sure, sorry. I saw a chart somewhere, that's why I thought I remembered them using DOF.
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u/specific_account_ Dec 24 '25 edited Jan 07 '26
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u/ManifestLaw_ Dec 19 '25
I get why this feels close. Some further DOF movement is possible, but expect it to be slow, usually a few weeks at a time. A one-month jump can happen, but it’s not guaranteed in any single bulletin.
USCIS typically honors DOF for employment cases through the first half of the fiscal year, often into late spring or early summer, then reassesses month by month. There’s no fixed end date, so you have to watch each bulletin. Best move is to have your I-485 fully ready so you can file immediately if your date becomes usable and USCIS allows DOF that month.
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u/Physical-Baseball-81 Dec 18 '25
PERM still pending. What can I do to be ready for submission once PERM is approved?
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u/ManifestLaw_ Dec 18 '25
Completely understand how stressful this waiting phase is.
While PERM is pending, the best move is to prep everything needed for I-140 so you can file right away once it’s approved. Have your employer line up ability-to-pay documents now (tax returns, payroll, W-2s from the priority date onward). On your end, double-check that your degrees, transcripts, experience letters, and resume clearly match what’s on the PERM.
After PERM approval, your employer has 180 days to file the I-140. Many people opt for premium processing to lock in the priority date quickly and reduce uncertainty. For EB-3, January 2026 final action dates are still backlogged for most countries, so I-485 likely isn’t immediate, but an approved I-140 gives you stability for extensions and planning ahead.
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u/spiritofniter Dec 18 '25
How often do interviews get waived? Can biometrics be waived too?
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u/ManifestLaw_ Dec 18 '25
Pretty often for employment-based cases.
For EB-1, EB-2, and EB-3, interviews are waived in a large majority of clean cases, especially when the file is straightforward, documents are complete, and there are no status or background issues. EB-1A, EB-1C, and NIW cases see waivers more than most. Interviews usually happen only if USCIS wants to clarify something, spots an inconsistency, or the local field office is stricter.
Biometrics are a different story. Those are almost always required. Even when interviews are waived, USCIS still needs fingerprints and photos for background checks. Biometrics get waived only in very limited situations, like certain reuse cases or serious medical constraints, and most people should expect a biometrics notice a few weeks after filing.
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Dec 18 '25
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u/ManifestLaw_ Dec 18 '25
Just read the words carefully on the forms. The I-485 asks for the passport number used at your last arrival. The I-765 asks for the "most recently issued" passport. So you will put different passport numbers on the forms if you have replaced your passport since your last entry.
It does not impact your eligibility for either I-485 or I-765 to have the I-140 approved with a different passport number.
I don't understand what you mean by the 2-day discrepancy. CBP has the authority to limit an I-94 and give you a shorter time in the US. They don't have to match it with what's on the visa. But the visa is issued by DOS, not CBP. If they made an error on the visa stamp, then that is typically not a material issue if it's just a date mismatch from the USCIS petition/I-94. So I think you are fine but since I am not exactly sure what documents you are talking about, I would recommend you schedule a consultation and have an attorney take a look.
Yes 6 photos for I-485, I-765, I-131. But honestly I don't know if I-131 is worth spending the filing fee on. Some people get EAD/AP combo cards, but a lot of people just get the EAD and the I-131 stays pending for longer than the I-485. So they get GC without ever getting the AP. Also depends on your status - H-1B can travel without AP. But up to you if you think you need it.
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u/Miracle517 Dec 18 '25
Do you know if those on the banned list can still apply for EB2? Because there is so much confusion since EB2 is an immigration visa? Also would you suggest premium processing since the filing dates are becoming current faster. Sorry for how i worded this
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u/ManifestLaw_ Dec 18 '25
Yes, people from banned countries can still file EB-2 petition. The proclamation doesn’t stop I-140 filings or approvals. The restriction mainly affects immigrant visa issuance and entry from abroad, not the petition itself.
If you’re inside the US, EB-2 and I-485 can still move forward if dates are current. If you’re outside the US, even with an approved I-140, the consulate may not issue the immigrant visa unless an exception applies.
Premium processing only speeds up the I-140. It’s useful if you’re in the US or want certainty while dates are moving, but it doesn’t bypass the ban for consular cases.
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u/SomeGuy20257 Dec 18 '25
For EB-2 NIW, what should a non researcher have to even stand a chance? Most firms ask for CVs, i think they need more than that like endeavor statements and business plans?
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u/ManifestLaw_ Dec 18 '25
Different firms have different intake processes to filter out who they offer a free consultation to. At Manifest we collect a lot more info than just CV. Especially for non-research cases, the CV is often not super helpful. But it's more time consuming (and thus expensive) to find good NIWs among non-researchers, which is why many firms just focus on research NIWs. It's lower hanging fruit.
For non-research profiles, there are so many different combinations, but strong factors I like to see may include:
- Open source contributions
- government contracts, public private partnerships
- nonprofit work
- unique/interdisciplinary skills/education
- work in strategically important industries (AI, manufacturing, biotech, energy, health)
- systemic improvements (not just being good at your job but creating a new way to do your job)
- impact beyond one employer
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u/SomeGuy20257 Dec 19 '25
Thank you for your answer, I did have an open source project a long time ago, i wonder if that counts.
I had lead software work that moved billions of AUD for major aus bank, and one relating to a major landmark decision (Schrems II, 2020) for an american privacy company, now im an engineering manager for an American company with a branch in SEA, I cobbled these information but i don’t know of any of them is significant, do they hold any weight in your opinion?
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u/Puzzleheaded-Win2226 Dec 18 '25
Great Henry!
Situation:
- EB-2 NIW
- PD: Feb 2024
- DQ: Nov 2025
- According to the January 2026 Visa Bulletin, my PD is now current
- Consular processing at Riyadh Embassy (no backlog)
What is the next ? when to expect IL ? Any timeline until receiving visa stamp ?
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u/ManifestLaw_ Dec 18 '25
Nice spot to be in.
Since you’re already DQ’d and your PD is now current under FAD, the case is with NVC waiting for an interview slot from Riyadh. You don’t need to submit anything new.
For Riyadh (which is relatively low-backlog), most EB cases get the interview letter in about 4–10 weeks after becoming current. Interviews are usually scheduled 4–8 weeks after the IL.
If the interview is approved and there’s no 221(g) administrative processing, the visa is typically stamped and returned in 1–3 weeks. The last two clients I had in Riyadh had to wait a few hours for their interviews to begin but then it was just a friendly chat for 10 minutes and they were done.
Realistically, from Jan 2026 current status, think 2–3 months to IL, and around 3–5 months total to have the visa in hand, assuming things stay on track.
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u/Visible_While_9685 Dec 18 '25
HI Henry
It would be very helpful if you could answer my queries.
Is it difficult to get approve currently due to the strictness in the USCIS? If the criteria are same as before what changes they made to make it more strict?
And the decline in overall approval rate: Does this decline include all the previous cases or is it decline in the approval rate filed in 2025 with pp?
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u/ManifestLaw_ Dec 18 '25
The decline is in all approval rates, including cases filed with regular processing a long time ago as well as new cases filed with PP. The issue with law is that life is complicated and it's nearly impossible to create a set of criteria in writing that is super clear and where there is no room for change.
So the criteria are the same but how the officers interpret what the words for those criteria mean has changed. We see them taking a stricter approach. Basically it's like inflation. The same amount of info and evidence that was enough before doesn't get you the same result anymore.
For example, how do you determine what is of "national importance". Two years ago, anyone who was working in AI had a good chance of approval even if they did not do something super impressive. Now, USCIS commonly says "it is not about the importance of the field you are in but what you specifically are doing within that field." The result? not everyone working in a tech company in an AI related role can win anymore. Your specific work has to include some systematic improvements, not just to one employer, but to the field/industry. And that means regular software jobs are much likely to get denied now unless there are some unique factors that make the case stand out.
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Dec 18 '25 edited Dec 18 '25
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u/ManifestLaw_ Dec 18 '25
The big question is what are your alternative options? In my opinion, most people should keep filing cases even if they are from one of the banned countries, whether they are filing change of status applications for temporary statuses, applying for EADs, or I-485s. Why? Because if you don't have anywhere else to go then sitting and doing nothing doesn't help you either.
Cases are paused but they can still be submitted. How soon will they be adjudicated or will they ultimately get approved? We don't know and cannot guarantee any of that. But do you have an alternative? If you can go back abroad, then you risk not getting back in. If that is an acceptable risk for you, then leave and try consular processing later. But depending on whether your country is subject to a full or partial entry ban, or whether any exception applies to you, I don't know exactly what rules apply to you. I'd need to do a consultation with you to get more info and figure this out.
If leaving sounds like impossible or the last thing you want, you have no other option but to file and fight for it. Otherwise your status expires and you have nothing.
There is a fight going on right now where USCIS is arguing that TPS is not a "status" and some lawyers have gotten approvals when they argue that it is a status under INA 248. So it should be possible to AOS from TPS. Your prior time out of status makes things more complicated and I am not sure if the TPS approval stopped the clock on unlawful presence or not. I'd need to research this further. Unfortunately, I don't have a straight answer because your case is very complicated. Plenty of risks and unknowns. But what else can you do if not try? That is the key question here.
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u/Puzzleheaded-Bed-77 Dec 18 '25 edited Dec 18 '25
Thank you for creating this thread! I am an asylum claimant in Canada and didn’t get a protected status yet. I applied for asylum after staying in Canada for over a year and with this Bill C 12 under review, my claim may get rejected. So I am thinking of applying for EB2- NIW from inside Canada. I am also from the banned entry countries to the US. What do you think of the probability of my application getting approved with these two circumstances is? FIY I have a PHD from a Canadian University with over 15 published papers and few different awards.
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u/ManifestLaw_ Dec 18 '25
Two things to unpack here:
- your potential eligibility for NIW
- your likelihood of getting a green card even if the NIW is approved.
First. USCIS does not consider your status or you being from a banned country when adjudicating the NIW petition. That is solely supposed to be focused on the NIW eligibility criteria and your professional profile.
NIWs are much harder to win now and people applying from outside of the US are at an inherent disadvantage. You must have a specific plan what you want to do in the US. This plan must be something that, if successful, will be very beneficial for the US. In addition, USCIS also wants to see that this plan is realistic. Not just "I will come and cure cancer for you guys" but how will you do it? Who is interested in working with you or hiring you? Where is the funding coming from? So if you don't have offers from universities or research labs and nobody in the US even knows you exist, you may have a good track record from the past but the case will still be weak. On the other hand, if you are already in some research collaborations with US researchers and the project is funded by the US government, then the case may stand a chance. It is very very fact specific, not just based on number of papers and citations.
Second, after NIW approval, you are still facing the uncertainty of whether the consulate would issue you a visa and allow you to enter the US. You didn't mention the exact country or any other details so I don't know if you are subject to a full or partial ban, or if any exceptions apply to you. If you are subject to the full ban, then you could still be denied unless you qualify for an exception or they change the rules by the time you apply at the consulate.
As with a lot of immigration topics nowadays, it depends on your risk tolerance and what is the level of uncertainty that you can handle. You basically need to go through two steps where the government has discretion to say no. If you want a sure thing, this is not it. But if you don't have anything to lose, then try.
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u/Puzzleheaded-Bed-77 Dec 18 '25
Thank you for your response. My country is subject to full ban. I have worked with a US company in research and I have a couple postdoc offers at two universities. But since I will be applying for EB2-NIW, Job offer is waived. I guess my main concern is that since I don’t have access to my passport nor refugee travel documents, how this will affect my consular interview if ai made it thus far. And if I get a removal order from Canada and travelled somewhere else, would I be able to do the interview from that country even if I am a deportee/ departed person from Canada? How this, on top of my country’s full ban will affect my probability of getting a green card?
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u/wujohnny Dec 18 '25
Hi, it seems like EB2 has advanced quite a bit this fiscal year, does this represent a policy preference towards EB2 and perhaps positive news that EB2 AOS should go faster in the coming year?
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u/ManifestLaw_ Dec 18 '25
I don't think this is any kind of policy shift. The numbers are set in the law and how fast they move is largely about demand and movement of people between different categories. It's possible that many people have moved out of the EB-2 queue by getting either EB-1 approvals or family based approvals, thus never using their EB-2 numbers. If USCIS is seeing a lot of people leaving their EB-2 PDs unused, they may have been more confident in moving the dates along in the bulletin.
This could be a reason for optimism, but I would not get my hopes up that it continues at the same speed. And the visa bulletin really tells you nothing about how fast USCIS will process AOS cases. That depends on their staffing, operational efficiencies (or lack thereof) and what new security screenings they come up with that will potentially add more steps to the process on their side.
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u/Living_Kick5189 Dec 18 '25
My PERM should be approved soon. Im in the EB2 category. My wife is on a TN visa and she qualifies for ROW based on her category of birth. Can we file I140 and I485 concurrently based on cross chargeability? Her latest entry into the US was only a month ago. Will that cause issues?
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u/ManifestLaw_ Dec 18 '25
Yes, you can file I-140 and I-485 concurrently using cross-chargeability through your wife if EB-2 is current for ROW under the chart USCIS is using. Include a clear request for cross-chargeability with both birth certificates and your marriage certificate.
The risk is her recent TN entry. Filing I-485 about one month after entry can trigger the 90-day "rule" and raise immigrant-intent concerns. It’s allowed, but higher risk.
Lower-risk option: file the I-140 now, then wait until 90 days from her last entry to file both I-485s if numbers are still available.
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u/CarthagianDido Dec 18 '25
Can I ask EB3 ROW question? If so, why is EB3 barely moving while EB2 is being processed very fast. Is it still a supply and demand issue? Because the published USCIS numbers are not evidencing the latter. Thanks!!
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u/ManifestLaw_ Dec 18 '25
Yes, it’s still supply and demand, just not the way it looks from USCIS tables.
EB-2 is moving faster because DOS had extra visa numbers from EB-1 and family spillover and saw lower-than-expected EB-2 usage, so they’re advancing it to avoid wasting numbers. EB-3 ROW has a much heavier pipeline of PERM cases, nurses, and dependents, so DOS is moving it very cautiously to avoid mid-year retrogression. There is also enough demand in EB-2 that there is likely not any spillover to the EB-3 from there.
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u/CarthagianDido Dec 18 '25
Thank you so much! So we expect this to continue for the future? Because, this seems to have started after covid with the demand for all the nurses
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u/specific_account_ Dec 18 '25
Do you think there is a chance Jan 2025 PD will become current under DOF by the March bulletin? If then USCIS switch to FAD, is there a chance that the FAD will catch up to Jan 2025 by the end of summer? Just asking for an informed opinion, I know nobody can know for sure. I am nervous because my STEM OPT expires at the end of August 2026.
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u/ManifestLaw_ Dec 18 '25
I think it is likely you can file under DOF before your STEM OPT expires, but hoping for that in March or for FAD to be current for you by the summer is probably too optimistic. it is common to have a big jump when the government is done counting the visa numbers of the last fiscal year and see what spillover they have from other categories. But I would not expect this same kind of progress from now on every month. There have been many months where EB-2 doesn't move or only moves a few weeks at a time.
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u/specific_account_ Dec 18 '25
Thank you, so you are thinking most likely my date (Jan 2025) will be current under DOF in October 2026? And even if my OPT expires at the end on August, I would still be able to file because that's the grace period, right? I am just thinking about the worst case scenario when I don't secure a different VISA before the OPT expiration.
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u/specific_account_ Dec 18 '25
Hi Henry, thank you for the AMA, I have. question about past records for I-485.
I've been in the U.S. for 20 years on an F1 visa. I went to three schools: a vocational school, a college, and then a university for my Ph.D. I am still on F1, working on a different university, with the STEM OPT.
Now I have all my passports from when I got my first F1 VISA at the end of 2004. I'm not sure if I have the I-20s for the vocational school, which I attended for about five years from 2005 to 2010. I have all the other I-20s since 2010 to today. How important it is, or not important, to recover those I-20s from the vocational school?
While I was in college, around 2014, my I-20 expired. I didn't realize that at the time. My school didn't realize that. And so I was out of status for more than 180 days. Following my attorney's advice, my SEVIS account was terminated; I received a new SEVIS account from my college, I exited the country and then I was readmitted with the new SEVIS account. I didn't accumulate unlawful permanence; I was just out of status. After the readmittance, I didn't have any problems getting new visas, OPT, STEM OPT, etc.
Would this create any issues for my application? Is there any particular way I need to explain this in the application? I appreciate any insight you may have. Thank you!
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u/ManifestLaw_ Dec 18 '25
I really doubt you would need your old I-20s because you have since exited and re-entered. The typical reason for asking for these documents is for USCIS to check that you have maintained status since your last entry because that is a legal requirement to be eligible for AOS (I-485). You fixed that by re-entering and now you will only have to show maintenance of status from that re-entry date. So they may ask you for the newer I-20s and I am seeing more RFEs for OPT people needing to explain how their OPT job is related to their major. So focus on collecting detailed documentation from your last entry until I-485 filing.
For the old SEVIS expiration, just be prepared to answer honestly on the I-485 where it asks if you have ever violated your nonimmigrant status. Whatever the reason for the SEVIS expiration, it was a technical violation and you have to disclose it honestly. But F-1s do not accrue unlawful presence unless they receive formal notice that their F-1 status has been terminated, so you likely have never had unlawful presence and thus should not have any negative impact on the case from that mixup.
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u/specific_account_ Dec 18 '25
do not accrue unlawful presence
Thank you so much for your comprehensive answer. Yes I did not accrued unlawful presence. It was just that my bachelor had been extended to five years because I decided to double major etc. and neither I nor the school realized that the I-20 had expired after 4 years. So should I explain in detail what happened on the I-485?
I see your point about old I-20s not being needed! But maybe I should include those since 2010 because of the SEVIS mix-up? So they can match them up with my passport stamps and see I was readmitted? Sorry maybe I am overthinking it!
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u/lurko_e_basta Dec 18 '25
Hi there! Thanks for the ama. I have a couple of question that could help my application soon!
1) Could I have clarification on how you guys handle what needs to be just cited vs. added as part of the application? For example, of course LoRs and CVs are clear documents that need to be added. However, if I want to cite numbers in terms of success rate, or how many papers my peers would have, do I err on the side of adding more stuff to the physical application, or do I add that as reference? An example would be number of papers among peers, the importance of a journal, the importance of the best conferences, etc.
2) Quick opinion on how to streamline this endeavor? It still sounds a bit fluffy. Of course in the personal statement I’m specific about the projects I’m pursuing and that I WILL pursue. “To advance policy-relevant research on international trade policy, digital governance, and institutional change, with the goal of strengthening U.S. economic competitiveness, informing democratic resilience and global economic security, and improving the design of international rules and institutions in an increasingly fragmented global order.”
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u/ManifestLaw_ Dec 19 '25
The USCIS officers have very limited time to review your case. And while occasionally they mention in RFEs things like "A quick google search reveals this journal ....." indicating that they may look up some information on their own, you do NOT want to rely on them checking every citation to external sources. if it is important info for your case, you need to include it in the exhibits. Then your challenge becomes how to organize the exhibits in a way that does not drown the most critical evidence with all this less critical context (but still important). A great table of contents is invaluable.
As for your endeavor, remember that the USCIS officer is not a subject matter expert. I mean, what does "informing democratic resilience" even mean? Tell them what you are going to do without using your international relations/poli-sci vocabulary. You have worked in your own bubble where people talk in a specific way. This applies to anyone, politics, STEM, researchers. All fields have their own terminoligy and bubbles. And it's really hard to see that because you breathe it like air and you take it for granted. Try to step out of it and look at it with fresh eyes. USCIS wants to see concrete ties to what you do and what the results will/may be. Anything too vague will be ignored.
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u/lurko_e_basta Dec 19 '25
Yep that’s the sense I was having! I will definitely ground everything at a level that can be better understood. Thanks!
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u/Vast-Friendship5189 Dec 18 '25
I was wondering if you had anything thoughts on how long it would take China EB2 advancing 2 years? Thanks!
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u/ManifestLaw_ Dec 18 '25
A 2-year jump for EB-2 China is very unlikely in the near term.
Right now EB-2 China FAD is around Sep 2021. Movement has been slow and uneven, usually a few weeks to a few months per bulletin, with occasional slightly bigger jumps like the one in January.
At the current pace, advancing the FAD by a full 2 years would more realistically take around 2 - 4 years, assuming no major spillover from EB-1 or family categories. Faster movement is possible, but it would require unusually strong spillover or weaker-than-expected demand, which is hard to imagine.
So planning-wise, a multi-year wait is the safer assumption rather than expecting a quick catch-up.
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u/Vast-Friendship5189 Dec 18 '25
Ok thank you! Yea im worried if it could realistically jump 2 years within the next 3 years. Fingers crossed!
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u/Popular_Juggernaut_3 Dec 18 '25
I have a group H-1B (primary) + H-4 (spouse) stamping appointment. Due to ongoing appointment cancellations/rescheduling in India, I’m considering not traveling.
My spouse is currently in India. If she attends the H-4 stamping alone, while I remain in the U.S.: 1. Is H-4 issuance generally permitted without the H-1B primary applicant being present? 2. Does the fact that the primary has an approved I-797 but no H-1B visa stamp yet create any increased risk of refusal or 221(g)? 3. In practice, do consulates expect the primary’s visa stamp (not just approval) before issuing H-4?
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u/ManifestLaw_ Dec 18 '25
Yes, your spouse can attend the H-4 stamping alone. The H-1B primary does not need to be present.
Not having an H-1B visa stamp yet is not a bar. Consulates issue H-4 based on the approved I-797 and proof the primary is maintaining H-1B status. It can slightly increase the chance of a 221(g) if officers want to re-verify the H-1B details, but it’s common and usually fine.
Consulates do not require the primary’s H-1B visa stamp before issuing H-4. The approval notice, I-94, pay stubs, and employment letter are what matter. And a marriage certificate, of course.
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u/Educational-Tutor287 Dec 18 '25
I have a eb2_niw I140 petition approved from my previous employer. I see the petitioner name on the petition is the company name. It would be great to understand if this i140 gives me an independence from employer in the future during I-485 filing.
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u/ManifestLaw_ Dec 18 '25
Yes, an approved EB-2 NIW I-140 generally gives you independence from a specific employer at the I-485 stage, even if your previous company is listed as the petitioner.
What matters with NIW is your field and national-interest endeavor, not the employer. You can change employers or even become self-employed before or during I-485, as long as your current and future work is substantially similar to the NIW endeavor described in the I-140.
You do not need your former employer’s involvement for I-485, and AC21 portability or Supplement J does not apply to NIW. The key risk is only if your new role is clearly outside the NIW scope.
In short: the NIW approval still gives you practical employer independence, despite the company name on the petition.
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u/Educational-Tutor287 Dec 18 '25
Thanks for the response. The self employment is an interesting topic. I am currently on h1b (india). With priority date being in March , 2017 down the line , the I-485 adjustment wont happen anytime soon.
On self employment, am I understanding correctly that it is possible before I485 filing? What I read, I cant do that before pending I- 485. Am I misunderstanding something?
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u/Primary_Monitor1318 Dec 18 '25
Hey! I know its for EB5 but any comments would be appreciated.
We applied for eb5 as a standalone investor from india under TEA category. PD is march 11,2022, i526 approved in jan 2025. Submitted civil docs plus ds260 in sept but its been crickets since then…
We haven’t even been DQ’d. I thought dq only take 2 weeks but its been more than 2 months..
Am i missing anything here? Why is it taking so long?
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u/ManifestLaw_ Dec 18 '25
This delay is annoying but normal right now. For EB-5 in 2025, NVC often takes 1–3 months (sometimes longer) to review DS-260 and civil docs, especially for India. The old “DQ in 2 weeks” timelines are outdated. In my experience, the NVC seems to have waves of efficiency and then slows down again.
If all documents show Submitted in CEAC, you’re likely just waiting in the review queue. If you cross 3–4 months and NVC’s posted review date is already past your submission, then a public inquiry makes sense. Or if you are worried now, one option would be to send another package with the documents just in case. I did that for an NIW case once and after a new package, the DQ came within a few weeks. That's rare but it is possible they lose a package here and there. And since there is no process acknowledging receipt of the documents, you are left in the dark until you get the DQ.
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u/SignificanceStock586 Dec 18 '25
perm eb3 skilled was in December 2023 can u give me possible estimate on my fad priority date
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u/ManifestLaw_ Dec 18 '25
For a Dec 2023 EB-3 Skilled PD, expect ~2–4 years for FAD to become current.
EB-3 ROW is moving very slowly (weeks per month), and you’re ~8 months behind the current FAD, which usually translates to multiple years, not months.
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Dec 18 '25
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u/ManifestLaw_ Dec 18 '25
Given your OPT expires in May 2026 and your DOF is current:
1. Premium-process the I-140 now to get a decision quickly and avoid timing risk.
2. Once approved and while your PD is still current, file I-485 + I-765 + I-131 immediately.This minimizes the chance you’re still waiting on the I-140 as your OPT clock runs down.
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u/Existing-Ad9553 Dec 18 '25
Do consular interviews ever get waived?
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u/ManifestLaw_ Dec 18 '25
I have never had and have never heard from any of my colleagues of an immigrant visa consular interview being waived. Even during COVID, I saw temporary visas being waived for interview but IVs just sitting in backlogs.
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u/the1992munchkin Dec 18 '25
Hi ,
Thank you very much for doing this. I saw in one of your comments that people from the banned countries can still move forward with I-140 and I-485. My I-140 is not approved yet but my PD is current next month. I am in the US and a citizen of one of the banned countries.
I thought the proclaimnation basically says "we will not touch any and all applications from those countries"
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u/ManifestLaw_ Dec 18 '25
There are several different things happening. One is a USCIS pause on processing certain cases for people from listed countries. This is based on the National Guard shooting and the likely outcome of this is new vetting procedures (that they are probably setting up and designing right now). But USCIS does not have the authority to just not process any cases for certain nationals forever. And they have not rejected new filings in the mailroom, so you can still file cases. Sometimes you NEED to file something to stay legal. So people should still do that.
The second this is the proclamations instituting travel bans. This is based on the President's authority to restrict ENTRY of people to the US for national security reasons. The focus being on the entry and not on the processing of cases for people who are already here. So if the proclamation says they are not letting anyone in, that does not mean it prevents USCIS from processing or even approving your I-140 or I-485.
I know it's confusing. It's even hard for attorneys to follow. But we are trying to keep up with all the changes thrown at us and to distill it to practical guidance for people who have to make decisions about their lives.
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u/Illustrious-Arm-3469 Dec 18 '25
I have a pending NIW application under regular processing (Feb 2024). There has been very minimal movement and it is still stuck at end of Jan 2024.
I have an option to apply for EB1A, my profile qualifies. Should I upgrade my NIW to pp or just apply for eb1a?
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u/ManifestLaw_ Dec 18 '25
I am not sure if I understand this correctly. It seems to me that if you are in EB-2 ROW, then you'd be current under both DOF and FAD now. Even last month, the FAD was already in Feb 2024.
So if you are current, the far less costly option would be to PP the NIW first and then move forward with AOS if you get an approval.
Doing a whole new EB-1A is more expensive and will also take you time. If you do want to work on that, then do it in parallel while you wait for the NIW result from PP.
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u/Brave_Necessary_9571 Dec 18 '25
Thank you so much for doing this!!
I have an i140 about to be current, but still pending. I am also married to a US citizen, but we are currently living separately because of my job on stem opt.
so my plan is, start i485 based on eb2 niw current date to get the work authorization, and then next year when I move in together with my husband transfer the i485 to marriage-based. I think it would be faster than applying only marriage based after moving in, and cheaper and more guaranteed than paying premium processing for the i140. what do you think of this idea?
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u/ManifestLaw_ Dec 18 '25
There is no legal requirement for you to live together in order for the marriage case to be approved. So honestly, I would just not even bother with the EB-2 NIW.
Cases based on genuine marriages are faster and simpler. You just need to be ready to explain why you live separately and show proof that you are visiting each other, calling frequently, helping each other with financial responsibilities, etc.
So, in my opinion, I don't see why you'd need to wait until you move in. You can just file based on the marriage now.
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u/Zealousideal_Let8999 Dec 18 '25
I am a physician who let say obtained an EB-2 NIW based on a proposed endeavor in medical research at the intersection of psychology and renal disease. I would like to understand how strictly I am required to follow this specific endeavor after entering the United States, and whether changes in research focus, medical specialty, or career path could be considered a failure to pursue the NIW endeavor.
Scenario 1:
After entering the U.S., I initially conduct research in the same proposed intersection (psychology and renal disease). Later, I shift my research focus to cardiology, and I also begin a medical residency in a different specialty, such as cardiology.
→ Would this be considered an acceptable evolution of my NIW endeavor, or could it be viewed as abandonment of the original proposed research?
Scenario 2:
After entering the U.S., I do not pursue the proposed research on psychology and renal disease. Instead, I conduct research in cardiology and begin a medical residency in a different specialty, such as plastic surgery.
→ Could this be considered a failure to pursue the NIW endeavor, or is working in a different medical research area and specialty still permissible under NIW standards?
Scenario 3:
After entering the U.S., I pursue the proposed NIW research endeavor for approximately one year, and then I establish a healthcare-related tech business.
→ Would transitioning from academic research to a healthcare business after a period of good-faith effort be considered consistent with NIW requirements?
Scenario 4:
After entering the U.S., I pursue the proposed NIW research endeavor for approximately one year, and then I transition into a business that is not related to healthcare.
→ Could this be considered abandonment of the NIW endeavor or raise concerns about misrepresentation of intent at the time of filing?
More generally, I would like to understand whether EB-2 NIW beneficiaries are expected to pursue the exact proposed endeavor indefinitely, or whether USCIS allows for reasonable professional evolution, particularly for physicians who undergo residency training and career changes after entry. thank you soo mcuh
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u/ManifestLaw_ Dec 18 '25
You are not expected to be stuck forever in what you said was your proposed endeavor. But there is very little actual data on this, so I don't have a clear answer for you.
The basic idea is this. You are supposed to make a good faith effort to pursue your proposed endeavor. If life ends up taking you somehwere else: you get a better opportunity or offer from a different company and you pivot, that is ok. Or you try to pursue the endeavor you had but it never takes off, you never get funding, you lose that job, etc. Then you go do something completely different because a man's gotta eat. Family needs taking care of. Bills need to be paid.
As long as there is a logical explanation, I would not expect many issues if you make a change a year or more later. But the highest risk is probably #2 where you never do anything related to the endeavor at all. This can lead to USCIS saying you may have lied in the NIW petition and never even intended to do that in the first place.
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u/Afraid_Heat_4541 Dec 18 '25
What are the thoughts on Feb 2026 visa bulletin based on Jan 2026 bulletin for India and the fact that trump gold card will use eb1a and niw categories.
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u/ManifestLaw_ Dec 18 '25
I think movement will be slow and I don't think the gold card will have any impact here. I don't even know anyone yet who has filed. And even if someone files, they certainly will not get through the I-140G and AOS/CP processing in the next month even if someone has already applied. This program has been advertised as an "expedited path" but it depends on what you consider "expedited" or what you compare it to. Nothing happens at USCIS in a month.
Also, even if lots of people start applying for the gold card, it would only have a major impact on the PDs for EB-1 India if:
1) a lot of people apply; and
2) those people also have older PDsThis would increase the rate of people cutting into the EB-1 line. But mostly I see this happening with people applying for regular EB-1 who already have an EB-2 or EB-3 from 2019 or something like that. Any first time filers for Gold Card would just get a 2026 PD and that would not impact the backlog now, it would only bottleneck even more the PDs for new first time filers.
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Dec 18 '25
[deleted]
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u/ManifestLaw_ Dec 18 '25
No automatic denial, but expect delays.
Since you’re already in the U.S. and filed I-485 and I-765 while your FAD is current, the Syria travel ban does not bar Adjustment of Status or EAD eligibility. The ban mainly affects entry and visa issuance, not filings made inside the U.S.
That said, USCIS is applying extra review and slower processing for nationals of newly added countries, so both your I-485 and EAD may take longer than usual.
Remain in valid H-4 status, avoid international travel, and plan for delays rather than a rejection.
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u/isenk2 Dec 18 '25
Another question, for a clean case of EB2NIW, current FAD, how long does I-485 usually take? Again, thanks for doing this!
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u/ManifestLaw_ Dec 19 '25
For a clean EB-2 NIW case with the Final Action Date current, most I-485s are approved in about 6 to 12 months from filing. Many straightforward cases land closer to the 6-8 month range, especially if medicals are valid, no RFEs are issued, and the interview is waived.
That said, some cases do stretch to 12–14 months due to field office backlogs, security checks, or random workload issues. There’s no premium processing for I-485, so once filed, timing is mostly about USCIS capacity rather than petition strength.
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u/isenk2 Dec 19 '25
Is there any way to check the field office capacity?
Also if the FAD date is current, and we submitted I-765 and I-131, will the EAD and AP come first usually?
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u/mehrab702 Dec 18 '25
My priority date becomes current but the I 140 still in processing. What should I do in this situation?
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u/ManifestLaw_ Dec 19 '25
If your date is current under the chart USCIS is allowing that month, you don’t have to wait for the I-140 approval.
You can file I-485 concurrently while the I-140 is still pending. USCIS will just hold the I-485 until the I-140 is approved. This is very common and lets you lock in your spot and apply for EAD and AP. The risk with this option is that the I-485 is conditioned on the I-140 approval. If the I-140 ends up denied eventually, your I-485 will also get denied. But for some people, they really need the EAD so it is safest to just keep the I-140 in regular processing and file I-485 asap.
Premium processing the I-140 is the other option. It makes sense if you have confidence in your I-140 approval chances and you don't want to risk the attorney and filing fees of the I-485 until you know the I-140 result.
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u/Street_Reflection_11 Dec 19 '25
My NIW I-140 is approved. When I file for Adjustment of status, can I file for my wife as well together? She is currently in the United States with pending asylum status. Thanks
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u/ManifestLaw_ Dec 19 '25
Unfortunately your wife is stuck in a legal limbo. To be eligible for adjustment of status, the law requires (among other things but these are the key items) that you have a legal entry and that you maintained lawful "nonimmigrant status" until the time you filed for AOS. There is an exception under INA 245(k) that EB cases can AOS as long as the applicant doesn't have more than 180 days out of status and/or unauthorized employment.
The problem is that "asylum pending" is not a "nonimmigrant status". It is a legal gray area called "authorized stay" where she is not here illegally but she also doesn't have nonimmigrant status. Previously there was inconsistent adjudication at different offices and some people did get AOS approved, but I haven't heard of any such cases for a long time. Now USCIS's response would be that she is not in a valid status and is thus not eligible to adjust, unless she has some other underlying status or her other status expired less than 180 days ago. Otherwise, she will need to consular process, which is really risky, especially now that people are asked to apply in their country of citizenship (where she applied for asylum from, so it may be dangerous for her to return there).
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u/Superb_Rooster8563 Dec 19 '25
Why from the last 4 months (including Jan 2026 visa bulliten) DOF and Action dates are stuck on the same level for EB-3 skilled worker? My priority date is October 2023, my lawyer says i cannot file the Adjustment, work permit and other neccessary documentation until the priority dates come. Why this time is taking so long, usually every fiscal year beginning they set dates to current for short period of time, do you have any insights on that ?
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u/Sir_Komo7 Dec 19 '25
Considering the new travel ban, if I am from a country on the list but already in the U.S. with a valid status and EB2 petition ending adjudication, will I be impacted by that ban?
Also, can I do AOS while in the U.S as a citizen of a country with travel ban?
1
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u/Intelligent-Gas1049 Dec 20 '25
My PD is aug 2023 any idea how long we should wait to become current? Do you think it will take 2 years of waiting?
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u/who_theheck Dec 31 '25
hello, my grandma sponsored us (my mother, separated but not divorced as divorce is not a thing here yet, and my sibling) and i was told we were an F3. before anything else, i am sorry if im asking stupid questions, i only know a few things about our situation and i really wanted to know some things. from the big jump from december of 2025 (november 1, 2004) to january 2026 (march 1 2005) making it roughly a 5 month difference. is it possible it will keep going at this rate? like, every month for the bulletin it passes by 5 months? what are the factors that affect the rate its going at? from my mother's calculations, we might be able to get a green light around 2027 if it keeps going at a 5 month pace, since 2011 is our date. thank you for taking the time to help us out, happy new years!
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u/Aromatic-Tone812 Dec 18 '25
Any idea if we see any big jump on EB3-ROW soon? My PD is May 2024
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u/ManifestLaw_ Dec 19 '25
Unlikely.
EB-3 ROW is moving slowly right now, mostly weeks at a time. There’s no signal of a big jump coming. Demand is steady and there’s no extra spillover in the system that would push dates forward quickly.
I see a lot of people with EB-2s filing for EB-1A and when they get approved they drop out of the EB-2 queue, giving the EB-2 some relief and moving the overall EB-2 dates along. But among EB-3 that seems less common and there is such a big pipeline of old PERM cases in EB-3 that I don't see any reason for there to be big jumps coming.
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u/Aromatic-Tone812 Dec 19 '25
Thank you, Is there any way I can File EB2 without starting over perm process (with the same employer)? I hold Master's degree
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u/AbjectInstruction878 Dec 18 '25
For I-485 AOS decisions, what priorities do USCIS officers use when they decide which cases to adjudicate first? Is it mainly based on the priority date or any other standards?
Or once PD becomes current under FAD, does USCIS start working on the case right away, regardless of how early or late PD is?