EB-2 (NIW) for Indian Nationals

Visa Bulletin Advancement: EB-2 India (2026-03)

The Department of State advanced the EB-2 Final Action Date for India chargeability from 2013-07-15 to 2013-09-15 in the 2026-03 bulletin. This may allow additional applicants to proceed with their petitions.

With Indian EB-2 applicants already facing decades-long wait times, the integration of DOJ criminal records into the screening process adds a new administrative layer. This additional vetting step could further delay the adjudication of I-485 applications and consular processing, potentially causing further retrogression in priority dates.

Indian nationals face the most severe EB-2 backlogs, often exceeding a decade. Because they must maintain H-1B status via I-140 approvals, the increased premium processing fee represents a recurring and necessary cost for maintaining legal status while waiting for a priority date.

The fraud investigation in Minnesota will likely trigger more frequent Requests for Evidence (RFEs) for Indian nationals, who already face the most severe per-country cap restrictions. Any administrative slowdown at USCIS disproportionately affects this group by extending their already lengthy path to permanent residency.