Last updated: November 2026. Checked against the USCIS concurrent-filing and filing-chart pages, the USCIS Policy Manual, the Form I-485 instructions (09/18/26 edition), the G-1055 fee schedule (10/26/26 edition) and the November 2026 Visa Bulletin.
EB2 NIW concurrent filing means sending Form I-485 to USCIS together with your Form I-140, or while the I-140 is still pending, so you apply for the green card before the petition is approved. It is allowed only when a visa is immediately available on the day you file. In practice, your priority date must be earlier than the cutoff on the Visa Bulletin chart USCIS designates for that month. For November 2026, USCIS designates the Dates for Filing chart, and the EB-2 cutoff for most countries is March 15, 2026. People with older pending I-140s can file now. A brand-new NIW petition cannot carry an I-485 this month.
Below is a three-question check you can repeat each month. It is followed by the two-chart catch, what goes in the package, where it goes, and what changes after you file. The guide does not tell you whether to file. That depends on your status and history, so ask a licensed immigration attorney about your own case.
Key takeaways
- Concurrent filing is only for applicants in the United States who are adjusting status. It is not possible in consular processing.
- An I-485 counts as concurrently filed if it goes in with the I-140 or while the I-140 is pending.
- For November 2026, filing uses the Dates for Filing chart (EB-2 Rest of World 15MAR26, China 01JAN23, India 15JAN15). Approval still needs the Final Action Date to pass your priority date (Rest of World 01APR25).
- Only the 09/18/26 edition of Form I-485 is accepted. The I-693 medical exam must go in with it, and NIW applicants do not file Supplement J.
- Paper I-485 filing locations changed on October 7, 2026. Packages sent to an old address are accepted only if postmarked on or before November 9, 2026.
- USCIS filing fees are generally non-refundable, whatever the outcome.
What EB2 NIW concurrent filing means
USCIS’s concurrent filing page defines it as filing an I-485 “before the approval of the underlying immigrant visa petition.” The two forms count as concurrently filed when you send them at the same time, with all fees, to the same filing location. They also count if you file the I-485 later “while the immigrant visa petition remains pending.” The regulation, 8 CFR 245.2(a)(2)(i)(B), treats the I-485 as properly filed “whether submitted concurrently with or subsequent to the visa petition.” The condition is that approving the petition would make a visa immediately available.
The USCIS Policy Manual (Volume 7, Part A, Chapter 3) allows concurrent filing for employment-based first, second, third and fifth preference immigrants. The NIW is part of EB-2, the second preference, so it qualifies. There are two limits:
- You must be in the United States. USCIS says concurrent filing “cannot occur in consular processed cases,” because the petition goes to USCIS and the visa application goes to the State Department. If you live abroad, see EB2 NIW consular processing.
- You must be eligible to adjust status. Status violations, unauthorized work and similar issues can bar adjustment. These questions turn on your exact facts, so they are for a licensed immigration attorney.
EB2 NIW concurrent filing in November 2026: the 3-question check
1. What is your priority date?
For employment-based cases without a labor certification, the Policy Manual (Volume 7, Part A, Chapter 6) says the priority date is the date the petition was properly filed with USCIS. It is printed on your I-797 notice. If you have not filed yet, your priority date will be the day USCIS properly receives your I-140.
2. Which chart does USCIS designate this month?
The State Department’s Visa Bulletin has two charts. USCIS decides each month which one applicants in the United States must use for filing. Its filing-charts page (updated November 2, 2026) says: “For all employment-based preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2026.” USCIS adds one exception. If a category is current on the Final Action Dates chart, or that chart shows a later date than the Dates for Filing chart, you may file using the Final Action Dates chart that month.
3. Is your priority date earlier than your country’s cutoff?
| EB-2, November 2026 | Dates for Filing (use to file) | Final Action Date (needed for approval) |
|---|---|---|
| All chargeability areas (Rest of World) | 15MAR26 | 01APR25 |
| China (mainland born) | 01JAN23 | 01OCT21 |
| India | 15JAN15 | 01NOV13 |
| Mexico | 15MAR26 | 01APR25 |
| Philippines | 15MAR26 | 01APR25 |
Source: Visa Bulletin for November 2026. Your date must be earlier than the listed date. Chargeability usually follows your country of birth. Nigeria, Kenya, Ghana, Pakistan and Colombia have no separate column, so applicants born there use the Rest of World row. If you can answer yes to all three questions, you may file the I-485 this month. If not, the I-140 goes in alone and the I-485 waits. For month-by-month movement, see EB2 National Interest Waiver Priority Date.
What this means for a new NIW petition this month
An I-140 filed in November 2026 gets a November 2026 priority date. That is later than every EB-2 Dates for Filing cutoff in this bulletin, so a new petition cannot include an I-485 this month. Hypothetical example: a Nigerian-born engineer filed an NIW I-140 on February 10, 2026, and it is still pending. Her priority date is earlier than 15MAR26, so she can file the I-485 in November 2026, and it counts as concurrently filed. USCIS cannot approve it, though, until the Final Action Date (01APR25 this month) moves past February 10, 2026.
If you already have an approved EB-1, EB-2 or EB-3 petition, the Policy Manual says you are generally entitled to the earliest priority date, with some exceptions. Ask an attorney how that applies before you rely on it.
The two-chart catch: filing now, approval later
The Policy Manual states: “A visa must be available both at the time an applicant files Form I-485 and at the time USCIS approves the application.” For filing, the officer checks whichever chart USCIS designated that month. For approval, the officer uses the Final Action Dates chart that is current at the time. If a visa was available when you filed but not when your case is ready, the officer should retain the case and pre-process it “up to the point of final approval.” Final adjudication cannot be completed until a visa number has been requested and the State Department approves the request. After a long wait, USCIS may update security checks and may issue a Request for Evidence.
USCIS decides the I-140 first. If a visa number remains available and the I-485 is approvable, USCIS generally considers it at the same time, and it mails a separate decision notice for each form. An I-485 needs an approved petition behind it, so its outcome depends on the I-140. Under 8 CFR 103.2(a)(1)(v), filing fees “generally are non-refundable regardless of the outcome.” That is worth weighing before you pay for both forms at once.
Dates also move in both directions. The October 2026 bulletin noted that some Rest of World employment-based categories retrogressed at the start of fiscal year 2027. In November, the EB-2 Rest of World Final Action Date moved from 01JAN25 to 01APR25. For how long each stage can take, see EB-2 NIW Processing Time.
What goes in an EB2 NIW concurrent filing package
| Item | What USCIS says | USCIS fee (G-1055, 10/26/26) |
|---|---|---|
| Form I-140 with NIW evidence | Include a completed Form ETA-9089 Appendix A and a signed ETA-9089 Final Determination | $715 paper / $665 online, plus the $300 Asylum Program Fee |
| Form I-485 | Only the 09/18/26 edition is accepted | $1,440 paper / $1,390 online (age 14+); $950 / $900 for a child under 14 filing with a parent |
| Form I-693 medical exam | Must be filed with the I-485, or USCIS may reject the I-485 | $0 USCIS fee; the civil surgeon charges separately |
| Form I-765 work permit (optional) | May be filed with the I-485 | $260 |
| Form I-131 advance parole (optional) | Select only item 5.A when filing with the I-485 | $630 paper / $580 online |
| Form I-907 premium processing (optional) | Available for the I-140; Form I-485 is not on the premium processing list | $2,965 |
| Supplement J | Not needed for NIW applicants | None |
| Signed statement of intent | Not needed when the I-485 is filed with the I-140 or while it is pending | None |
Sources: the G-1055 fee schedule, the Form I-485 page, the I-485 instructions and the USCIS EB-2 page. On the statement of intent, the instructions say a self-petitioner “must intend to work in the occupational field specified in the Form I-140.” A signed statement confirming that intent is required only when the I-485 is filed after the I-140 has been approved. The I-140 page adds a packing rule for paper filers: “do not combine your supporting documents.” Keep each form’s evidence with that form. For the whole budget, see How Much Does EB2 NIW Cost?
Public charge. The DHS public charge final rule applies to adjustment applications postmarked or submitted electronically on or after September 18, 2026. The I-485 instructions say that, with one narrow exception, applicants do not have to submit initial public-charge evidence. USCIS will issue a Request for Evidence if it needs more.
Spouse and children. The instructions allow a spouse or child to file their own I-485 at the same time as the principal applicant. Generally, though, USCIS cannot approve a derivative’s I-485 until the principal becomes a permanent resident. More detail is in EB2 NIW spouse and children.
Where to send a concurrent filing (as of November 2026)
- Paper, I-140 and I-485 together: use the “Employment-Based Categories Filing Form I-485 Concurrently with Form I-140” section of the I-485 filing-addresses page. It currently lists the USCIS Dallas Lockbox. With Form I-907 added, send all three forms to the address in the I-140 filing instructions.
- The October 7, 2026 change: USCIS moved the I-485 filing location that day. It accepts packages sent to a prior location only if they are postmarked on or before November 9, 2026.
- Paper payment: card (Form G-1450) or U.S. bank account (Form G-1650). The Filing Fees page says checks and money orders are refused unless you qualify for an exemption on Form G-1651.
- Online: since July 24, 2026, USCIS lets a self-petitioner without a representative file Forms I-140 and I-485 together online by PDF upload. Online filers upload the I-693 and keep the original and its envelope until USCIS decides the case.
Want to know whether your profile is ready for an I-140 before you plan the I-485? Start with Skycap’s free EB-2 NIW profile evaluation.
After you file: work permit, travel and the new EAD rule
You can file Form I-765 and Form I-131 together with the I-485. Each has its own fee for I-485s filed on or after April 1, 2024. Two rules matter once the I-485 is pending:
- No automatic EAD extension. A DHS final rule effective October 14, 2026 (91 FR 65306) confirmed that renewal EAD applications filed on or after October 30, 2025 no longer get the automatic extension of up to 540 days. The rule’s own example is an applicant with a pending I-485. If the renewal is not approved before the current card expires, that person cannot keep working on that basis until a new EAD is approved. The rule notes that the longer someone waits to file a renewal, the more likely a gap becomes.
- Travel can abandon the application. The Policy Manual (Volume 7, Part A, Chapter 3) says adjustment applicants who leave the United States generally abandon their applications unless USCIS granted advance parole beforehand. Talk to a licensed immigration attorney before any trip.
Check again each month
On November 2, 2026, the State Department had not yet published the December 2026 Visa Bulletin, and USCIS listed next month’s chart as “Coming soon.” USCIS says it expects to designate a chart within one week of the bulletin’s publication. Before you file in December, look at both the new bulletin and the USCIS chart page. The answer to question 2 can change from month to month.
Frequently Asked Questions
Can I file I-140 and I-485 together for EB-2 NIW in November 2026?
Only if your priority date is earlier than the Dates for Filing cutoff for your country (Rest of World 15MAR26). A new I-140 filed this month gets a November 2026 priority date, so it cannot carry an I-485 yet.
Is filing the I-485 while my I-140 is pending still concurrent filing?
Yes. USCIS treats an I-485 filed while the petition is still pending as concurrently filed, as long as a visa is immediately available when you file.
What happens to my I-485 if the I-140 is denied?
USCIS decides the I-140 first, and the I-485 needs an approved petition behind it. Fees are generally non-refundable whatever the outcome. If your I-140 is denied, get advice from a licensed immigration attorney about your options and your status.
Do NIW concurrent filers need Supplement J?
No. The I-485 instructions say NIW applicants do not file Supplement J, because the category is not tied to a job offer. When the I-485 goes in with the I-140 or while it is pending, you also skip the signed statement of intent.
Can I file concurrently from outside the United States?
No. USCIS says concurrent filing is only for applicants physically present in the United States. For applicants abroad, the petition is filed with USCIS and the immigrant visa application is filed separately with the State Department.
Building your NIW case now so you are ready when your date is current? Book a free profile evaluation, and Skycap can prepare your I-140 package for you to review and sign.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
