Understanding the Current Visa Bulletin
The February 2026 Visa Bulletin paints a mixed picture for employment-based applicants.
While the EB-3 category saw modest forward movement for most countries, the EB-2 category remained largely frozen. For Indian nationals, the EB-2 Final Action Date sits at July 15, 2013—representing a backlog of more than 12 years. Chinese nationals face a cutoff of September 1, 2021, and even “Rest of World” applicants now have a cutoff date of April 1, 2024, reflecting demand that has outpaced visa supply across all chargeability areas.
EB-1 also experienced slight retrogression for China and India earlier in fiscal year 2026, with both countries holding at a February 1, 2023 cutoff. While EB-1 remains current for all other countries, the fact that retrogression exists at all in the first-preference category likely signals historically high demand.
Who Is Most Affected?
Indian nationals bear one of the heaviest burdens of EB-2 retrogression.
A priority date of July 2013 means that even individuals who filed their PERM labor certifications more than a decade ago are likely only now becoming eligible for their green cards. For more recent filers, the wait could extend well beyond 15 years under current conditions.
Chinese nationals face a less severe but still substantial wait, with a September 2021 cutoff that translates to roughly four to five years of backlog.
Rest-of-World applicants, who historically enjoyed near-current dates, are now experiencing meaningful retrogression for the first time since 2023, with an April 2024 cutoff in Final Action Dates.
Strategies for Navigating Retrogression
For EB-2 applicants facing long backlogs, there are several strategies worth evaluating.
- First, you may wish to consider whether you qualify for EB-1A. The first-preference category has shorter backlogs for all countries and is current for most as of the February report. If your credentials support it, an EB-1A petition could potentially cut years off your wait time, and the priority date from an approved EB-2 petition can sometimes be ported to support the EB-1A filing strategy.
- Second, for EB-2 NIW filers, filing sooner can secure an earlier priority date, even if the Visa Bulletin means you cannot immediately proceed to adjustment of status. The priority date is established when USCIS receives your I-140 petition, and earlier dates translate directly to shorter waits when your date becomes current. As of April 2026, the I-140 filing fee is currently $715 plus the Asylum Program Fee ($600, or $300 for individual self-petitioners and small employers). Premium processing for EB-2 NIW petitions, which provides adjudication within 45 business days, is available for an additional fee (currently $2,965 after a March 1, 2026 increase). All fees are subject to change; verify at uscis.gov before filing.
Third, consider concurrent filing of I-140 and I-485 where the Dates for Filing chart permits it. USCIS confirmed that the Dates for Filing chart applies for February 2026, and applicants whose priority dates are current under that chart can file adjustment of status applications even if their Final Action Dates are not yet current. This can provide work authorization and travel benefits while the green card application is pending.
Fourth, monitor the Visa Bulletin monthly. Dates can sometimes advance unexpectedly, particularly at the beginning of a new fiscal year when annual visa numbers reset. Being prepared to file I-485 or complete consular processing when dates advance can have abig impact on whether you’re able to capture a window of opportunity or whether you miss it.
The Stelmakh & Associates Advantage
Navigating retrogression requires not just patience but strategic planning. Stelmakh & Associates helps clients evaluate whether upgrading from EB-2 to EB-1A is viable, develop dual-filing strategies, and time their filings to try to maximize priority date advantages. Our approval rates significantly exceed national averages because we invest in the kind of thorough preparation that avoids RFEs and delays—time that is especially valuable when every month of processing adds to an already long wait.
The Bigger Picture
The 140,000 annual cap on employment-based immigrant visas has not changed since 1990,[3] even as the U.S. economy’s demand for highly skilled workers has grown enormously. Without legislative reform, retrogression in the EB-2 and EB-3 categories is likely to persist and may worsen.
In light of this imbalance, applicants should try to maximize every available advantage including by filing early, filing under the highest eligible preference category, and building the strongest possible petition to avoid RFEs and delays.
Ready to Discuss Your Case?
At Stelmakh & Associates, we maintain approval rates that are significantly higher than the national industry averages across the EB-1A, EB-2 NIW, and O-1 categories. Our results reflect the depth of preparation, strategic evidence development, and individualized attention we bring to every case. If you have questions about how these developments affect your immigration options, we are here to help.