November Relaunch: Opening on 1st November
Xender Facebook logo Linkedin logo Instagram logo Youtube logo
  (+1) 413 400 3003
WhatsApp
WhatsApp Message
Perplexity ChatGPT Claude Gemini

Why EB-2 NIW Might Not Be a Suitable Avenue for Indian & Chinese Nationals

Perplexity ChatGPT Claude Gemini
Why EB-2 NIW Might Not Be a Suitable Avenue for Indian & Chinese Nationals

The EB-2 National Interest Waiver (EB-2 NIW) has long appealed to talented professionals who believe they have something to contribute to the national interests of the U.S. It allows self-petitioning without employer sponsorship and skips the PERM labor-certification step. On paper, it may sound elegant.

However, for applicants from high-demand countries, that smooth narrative collides with the harsh fact of visa availability. The U.S. Department of State’s monthly Visa Bulletin makes the problem all the more visible; EB-2 priority dates for India and China are routinely retrogressed. Now, there are multi-year queues that can swallow an applicant’s timeline.

In this blog, our EB-1A consultants have discussed why EB-2NIW might not be a great idea for Indian and Chinese applicants due to several reasons.

How retrogression transforms “approval” into waiting

When an I-140 in EB-2 NIW is approved, the petitioner’s priority date is secure, and the petitioner may feel relieved. However, approval alone does not grant permanent residency. For Indian and Chinese nationals, an approved I-140 often becomes a ticket to a long waiting room because of per-country limits and heavy demand.

In practical terms, that can mean waiting a decade (or more) between approval and the ability to file Form I-485 or obtain an immigrant visa. Recent analyses and reporting confirm persistent stagnation in EB-2 movement for India and noticeable delays for China as well. Hence, for these nations, an EB-2 NIW approval is only half the battle.

The data on the backlog and its consequences

Independent trackers and immigration observers have documented the bottleneck in processing and pending inventories. Analyses of USCIS I-140 quarterly statistics estimate that tens of thousands of EB-2 NIW cases remained pending by late 2025. Independent reconstructions(not an official USCIS NIW-only count) place the EB-2 NIW “pending inventory” (petitions filed but not yet adjudicated) at roughly 60,000–70,000 cases by late 2025.

Moreover, last year, the U.S. State Department and USCIS confirmed that the Employment-Based Second Preference (EB-2) category reached its annual cap. It has significantly slowed down the transition from I-140 approval to visa issuance.

Last but not least, this month’s bulletin has shown that the EB-2 final action dates for India and China are still stuck at 2013, i.e., lagging more than a decade.

Not a categorical rejection of EB-2 NIW but a strategic caution

Here, we also want to stress, as a disclaimer, that EB-2 NIW is not categorically wrong for every Indian or Chinese applicant. Some applicants may still find EB-2 NIW immensely useful and often the sole way towards a green card and U.S. permanent residency. However, since EB-2 NIW exposes applicants to visa retrogression risk, pursuing it without a well-planned strategy can lead to years of avoidable delay.

Final thought: finding the right strategy

The EB-2 NIW for Indians poses a great deal of bottlenecks and waiting. But if there is no other option, applicants will have to pursue this category. Yet it is not a prudent idea to pursue EB-2 without a backup plan. We would suggest that the best approach should rest on three pillars. These three are:

  • Current status protection
  • Evidence readiness for scrutiny/RFEs
  • Backup plans (parallel tracks like EB-1A, PERM, O-1/H-1B, etc.)

Moreover, our EB-1A experts also believe that your EB-2 NIW approval can work as an excellent bridge to an EB-1A green card. You can directly reach out to us if you need personalized suggestions and strategic insights tailored to your profile. We wish you a safe and stress-free immigration journey.

Recent Post
Several Research Data Indicates Reducing Immigration Can Harm America’s Own Workers
Several Research Data Indicates Reducing Immigration Can Harm America’s Own Workers

According to Forbes and several other outlets, new researches are indicating a damaging trend to the U.S. economy. Within the last few weeks, studies have hinted that the United States is more likely to prosper by welcoming more immigrants instead of barring or prohibiting them. Contrary to what one may assume, the U.S.-born native workers are not benefiting from stricter immigration policies, the research suggests.

UN Rights Chief Calls for
UN Rights Chief Calls for

As the FIFA World Cup 2026 kicks off across the United States, Canada, and Mexico, the United Nations' top human rights official has issued a stark warning: America's immigration enforcement regime is threatening to overshadow the planet's most-watched sporting event. Volker Türk, the UN High Commissioner for Human Rights, called on Wednesday for a "massive rethink" of US immigration and security policies. In support of his argument, he added that reports of visa denials, and aggressive border enforcement are already affecting players, officials, and fans traveling to the tournament.

H-1B Workers May Lose Their 60-Day Safety Net: What the New DHS Proposal Means for Indian Professionals
H-1B Workers May Lose Their 60-Day Safety Net: What the New DHS Proposal Means for Indian Professionals

For around a decade, the 60-day grace period has quietly functioned as one of the most important safety valves in America's high-skilled immigration system. It is a modest cushion that gives H-1B workers time to find a new job or switch visa status. If nothing else, it is a great window to wind down their lives in the US after a layoff. That cushion may now be about to disappear. On August 6, 2026, the Department of Homeland Security sent a proposed rule titled "Eliminating the Discretionary 60-day Grace Period" (RIN 1615-AD22) to the White House's Office of Information and Regulatory Affairs (OIRA) for review.

USCIS Moves Toward Mandatory E-Filing: What Immigrants Need to Know
USCIS Moves Toward Mandatory E-Filing: What Immigrants Need to Know

On August 11, 2026, the Department of Homeland Security published an interim final rule that hands the US Citizenship and Immigration Services new authority to make electronic filing mandatory for immigration benefit requests. This would apply to a wide range of cases from green card applications to citizenship petitions and work permits. Moreover, this update will also end the long-standing norm that applicants could almost always choose to file on paper.
When Is Peer Review the Best EB-1A Judging Opportunity and How Should You Manage It?
When Is Peer Review the Best EB-1A Judging Opportunity and How Should You Manage It?

Peer review is often treated as a tactical checkbox in EB-1A strategy. It is thought of as a convenient way to satisfy the “judging the work of others” criterion. That framing is not just shallow; it is strategically dangerous for an EB-1A profile. The real question is not whether you can do peer review, but when it becomes the most credible and defensible expression of your expertise. Showcasing your peer review expertise willy nilly is never a good idea if you are looking to convince the USCIS adjudicators.
NFAP Releases Report on the Economic Impact of Trump’s Immigration Policies
NFAP Releases Report on the Economic Impact of Trump’s Immigration Policies

Last year, the National Foundation for American Policy (NFAP) published a major policy brief assessing the economic effects of the Trump administration’s immigration agenda. It offers the first comprehensive analysis of both legal and illegal immigration changes on the U.S. economy. The report projects dramatic shifts in the labor market, gross domestic product (GDP) growth, and fiscal outcomes through 2035.

October 2025 EB-1 Bulletin Announces Good News for Filing Dates
October 2025 EB-1 Bulletin Announces Good News for Filing Dates

When the U.S. Department of State releases the monthly Visa Bulletin, you can see two important checklists: the Final Action Dates and the Dates for Filing of Employment-Based Visa Applications.
Influencers and OnlyFans Models Are The Majority Among Extraordinary O-1 Visa Applicants
Influencers and OnlyFans Models Are The Majority Among Extraordinary O-1 Visa Applicants

The O-1 visa, or more specifically, the O-1B visa, is reserved for artists with extraordinary ability. However, recent reports show that the influencers and OnlyFans models are dominating among the successful applicants for this visa category.

State Department Moves to Overhaul J-1 Exchange Visitor Rules and Strip the Grace Period for Terminated Programs
State Department Moves to Overhaul J-1 Exchange Visitor Rules and Strip the Grace Period for Terminated Programs

For over 25 years, the regulations governing America’s J-1 Exchange Visitor Program have barely changed. It remained a relic of a paper-based era that predates SEVIS, the government’s electronic tracking system, by four years. That is now set to change. On last July 30, 2026, the US Department of State published a Notice of Proposed Rulemaking that would rewrite how J-1 programs are terminated, and reinstated. The notice handed the department new discretionary power to end a participant’s status directly. It has also tightened the deadlines for corrections, and, notably, argued for doing away with a grace period. Exchange visitors have long relied on this period to wind down their affairs and leave the country in an orderly way. However, the proposed rule has placed the J-1 into a double jeopardy like never before.
Why Tier-1 and Tier-2 Journals Are the Best Options for Your EB-1A Publications?
Why Tier-1 and Tier-2 Journals Are the Best Options for Your EB-1A Publications?

You have spent years building your research. You have contributed to your field in ways that few others have. Now, you are preparing your EB-1A petition, and perhaps you are wondering whether your publication record is strong enough to prove extraordinary ability. From our decade-long experience of providing eb1 mentorship, we have found out that it is not just about how many papers you have published. Most importantly, it is about where you are publishing them. Here, we have dived into the nuances of what actually matters as premium publications.