Last updated: November 2026. The dates table reflects the November 2026 Visa Bulletin and the chart USCIS designated for November 2026. We refresh it each month; always confirm on the linked State Department and USCIS pages.
Your EB2 National Interest Waiver priority date is the date USCIS receives your complete, properly filed Form I-140. It is printed on your I-797 receipt notice and fixes your place in the green card line for your country of chargeability. The monthly Visa Bulletin then decides when you can take the final step. In November 2026, the EB-2 Final Action Date for most countries (“Rest of World”) is 01APR25 and the Date for Filing is 15MAR26. USCIS has told employment-based applicants to use the Dates for Filing chart this month. This guide explains how the date is set and kept, how to read both charts, and what changed this month.
Key takeaways
- For an NIW, the priority date is the I-140 filing date, because no labor certification is filed (8 CFR 204.5(d)).
- A rejected or denied petition creates no priority date. An approved one keeps its date for later EB-1, EB-2 or EB-3 petitions (8 CFR 204.5(e)).
- The Visa Bulletin has two charts. Final Action Dates control visa issuance; Dates for Filing control early document submission and, when USCIS allows it, I-485 filing.
- The State Department sets the cut-off dates; USCIS only picks which chart applies to adjustment filings each month.
- Premium processing does not change your priority date. It only speeds up USCIS action on the I-140.
EB-2 dates this month: November 2026 Visa Bulletin
All dates are from the November 2026 Visa Bulletin, the second bulletin of fiscal year 2027. The last column compares each date with the October 2026 bulletin.
| EB-2 chargeability | Final Action Date | Date for Filing | Change from October 2026 |
|---|---|---|---|
| All countries not listed (Rest of World) | 01APR25 | 15MAR26 | FAD +3 months (from 01JAN25); DFF unchanged |
| China (mainland born) | 01OCT21 | 01JAN23 | Both unchanged |
| India | 01NOV13 | 15JAN15 | Both unchanged |
| Mexico | 01APR25 | 15MAR26 | FAD +3 months (from 01JAN25); DFF unchanged |
| Philippines | 01APR25 | 15MAR26 | FAD +3 months (from 01JAN25); DFF unchanged |
Chart USCIS designated for November 2026: Dates for Filing, for all employment-based categories (USCIS adjustment of status filing charts). Next update: when the State Department publishes the December 2026 bulletin. The October bulletin had retrogressed some Rest of World employment categories to keep issuances within fiscal year 2027 quarterly and annual limits; in November the EB-2 Final Action Date for Rest of World, Mexico and the Philippines moved forward three months, while every EB-2 Date for Filing stayed the same.
How your EB2 National Interest Waiver priority date is set
8 CFR 204.5(d) covers petitions that do not need a Department of Labor certification, and the NIW is one of them. For these, the priority date is “the date the completed, signed petition (including all initial evidence and the correct fee) is properly filed with USCIS”. USCIS puts it more simply on its priority dates page: the date USCIS accepts Form I-140 for processing, as shown on Form I-797. Four practical consequences:
- A rejected filing sets no date. If USCIS rejects the package for a wrong fee or a missing signature, you have no priority date until you refile correctly.
- A denied petition sets no date (8 CFR 204.5(e)(3)). A refiled petition gets a new, later date.
- Premium processing does not change it. The earlier version of this article said premium processing helps “secure the priority date faster”. That was wrong. The date is fixed at filing; premium processing only shortens the wait for USCIS action on the I-140.
- Your queue is set by country of chargeability, which USCIS says is usually your country of birth, not your passport.
How to read the Visa Bulletin’s two charts
Each month the State Department’s Visa Office publishes the bulletin. It sets cut-off dates from the demand reported by consulates and USCIS (the October 2026 bulletin counted demand received by September 4). Find the employment-based tables, the “2nd” row and the column for your country of chargeability.
| Final Action Dates (chart A) | Dates for Filing (chart B) | |
|---|---|---|
| What it controls | When a visa number can actually be issued or a green card approved | When NVC invites you to submit documents; for I-485 filers, only in months USCIS designates it |
| Rule | Your priority date must be earlier than the listed date | Your priority date must be earlier than the listed date |
| “C” | Current: numbers available to all qualified applicants | Current: anyone may file, regardless of priority date |
| “U” | Unauthorized: no numbers may be issued that month | The bulletin’s notes for this chart describe only dates and “C” |
Which chart applies to an I-485
USCIS uses the Dates for Filing chart when it decides there are more visas available for the fiscal year than known applicants; otherwise it requires the Final Action Dates chart. It usually announces the choice within a week of the bulletin’s release. There is one exception worth knowing. If a category is current on the Final Action chart, or its Final Action date is later than its Dates for Filing date, you may file under the Final Action chart that month. Consular applicants follow NVC’s instructions instead.
Worked example (hypothetical)
A Brazil-born engineer’s NIW I-140 was properly filed on April 7, 2025, so her priority date is April 7, 2025. Brazil has no separate column, so she uses Rest of World. In November 2026 the Final Action Date is 01APR25. Her date is later, so no visa can be issued yet. The Date for Filing is 15MAR26 and her date is earlier, so if she is in the U.S., otherwise eligible and her I-140 is filed, she may submit Form I-485 this month. If she is abroad, NVC may invite her to submit documents, but the interview waits for the Final Action Date. Someone filing an I-140 today gets a November 2026 date, later than both cut-offs. This is an illustration, not a client case.
Not sure your evidence is ready to lock in a priority date? Request a free profile evaluation before you file.
Keeping your EB2 NIW priority date: 8 CFR 204.5(e)
Under 8 CFR 204.5(e)(1), an approved EB-1, EB-2 or EB-3 petition gives its priority date to any later petition in those categories. With several approved petitions, you keep the earliest date. That is why people talk about “porting”: an NIW holder who later wins an EB-1A approval takes the NIW date into EB-1. The new petition must still be approved on its own merits; only the date carries over. Section 204.5(e)(2) lists when the date is lost: revocation of the approval for fraud or willful misrepresentation, a material error, or (for labor-certified cases) revocation or invalidation of the labor certification. A priority date cannot be transferred to another person. A spouse and children share the principal’s date as derivatives (INA 203(d), as the bulletin notes). For India-born applicants, our guide on EB-2 NIW for Indians shows how retention fits an EB-1 strategy.
Retrogression: a year of EB-2 Rest of World dates
Retrogression means a cut-off date moves backward, or a category becomes unavailable, because demand exceeds the numbers left for the year. The State Department sets the dates; USCIS does not “freeze” them, as the earlier version of this article said. Rest of World is not immune either. The earlier version of this article said most countries “usually have shorter wait times”, but the table below, taken from the bulletin archive, shows a full cycle.
| Bulletin | EB-2 Rest of World Final Action | EB-2 Rest of World Date for Filing |
|---|---|---|
| October and November 2025 | 01DEC23 | 15JUL24 |
| December 2025 | 01FEB24 | 15JUL24 |
| January and February 2026 | 01APR24 | 15OCT24 |
| March 2026 | 15OCT24 | C |
| April to September 2026 | C | C |
| October 2026 | 01JAN25 | 15MAR26 |
| November 2026 | 01APR25 | 15MAR26 |
Why the swing? The September 2026 bulletin explained that dates were advanced because immigrant visa issuance to certain nationalities had fallen after 2026 policy actions. For fiscal year 2026 it set the employment-based limit at 186,317 and the per-country limit at 28,862. When the new fiscal year began on October 1, the Rest of World dates came back to cut-offs. In November 2026 the Final Action Date then moved forward from 01JAN25 to 01APR25, while the Date for Filing stayed at 15MAR26. USCIS’s own priority dates page warns that a date current one month may not be current the next. Read past movement as history, not a forecast.
When your EB2 NIW priority date becomes current
- In the U.S.: file Form I-485 when your date is earlier than the designated chart, and request a work permit and advance parole with it if you need them.
- Abroad: NVC handles fees, the DS-260 and documents, and the consulate interviews you once the Final Action Date passes your priority date.
- Children: under the Child Status Protection Act, a child’s age is fixed using the Final Action Dates chart, and the family must “seek to acquire” permanent residence within one year. See EB2 NIW for spouses and children.
Frequently Asked Questions
What is my EB2 NIW priority date?
The date USCIS properly received your complete I-140, shown as the priority date on your I-797 notice. No labor certification is involved in an NIW.
What does “current” mean?
Your priority date is earlier than the cut-off in the relevant chart, or the chart shows “C” for your category and country.
Which chart does USCIS use in November 2026?
Dates for Filing, for all employment-based categories. For EB-2 Rest of World that date is 15MAR26.
Do I lose my priority date if I switch employers or categories?
An NIW is self-petitioned, so there is no employer to lose. Once approved, the I-140 keeps its date for later EB-1, EB-2 or EB-3 petitions unless the approval is revoked for fraud, misrepresentation or material error.
Can my priority date go backward?
Your own date never changes. The bulletin’s cut-off can retrogress, as Rest of World EB-2 did between September and October 2026.
Planning your NIW timeline? Evaluate your profile for free. Already approved? Read your next steps after I-140 approval.
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.
