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Questions,answered.

Plain-language answers about EB-1A and EB-2 NIW, priority dates, the Visa Bulletin, processing times and current USCIS fees, drawn from official government sources.

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The basics

What MyGreenCard.io is, and what it is not.

What is MyGreenCard.io?

MyGreenCard.io is the data platform of MyEB2NIW LLC. We take the immigration data that USCIS and the U.S. Department of State publish every month (backlog inventories, Visa Bulletin cut-off dates, processing times and approval trends) and turn it into plain-language reports for people pursuing employment-based green cards, especially EB-1A and EB-2 NIW self-petitioners.

The reports are free to read at reports.mygreencard.io.

Is MyGreenCard.io or MyEB2NIW a law firm?

No. MyEB2NIW LLC is not a law firm and does not provide legal advice or legal representation. Everything on this site is general information about how the U.S. immigration system works and what the public data shows. It is not advice about any individual case.

If you need advice about your own situation (for example, whether you qualify for a category, or how to handle a complex history), please consult a licensed immigration attorney or a DOJ-accredited representative.

Who are the reports written for?

Primarily for people on employment-based paths who want to understand the numbers behind their timeline: EB-1A and EB-2 NIW self-petitioners, I-140 holders waiting for a visa number, and anyone trying to make sense of the Visa Bulletin. They are also useful for employers, students and advisors who want a quick read on current trends.

Categories

How the main employment-based self-petition categories differ, in general terms.

What is the difference between EB-1A and EB-2 NIW?

Both are employment-based immigrant categories that allow a person to petition for themselves, without a job offer or employer sponsor. In broad terms:

  • EB-1A (extraordinary ability) is for people who have risen to the very top of their field and have sustained national or international acclaim. Evidence is usually organized around a one-time major internationally recognized award, or at least three of ten regulatory criteria, followed by an overall assessment of the record.
  • EB-2 NIW (National Interest Waiver) is for people who hold an advanced degree (or a bachelor's plus five years of progressive experience) or who show exceptional ability, and who ask USCIS to waive the job-offer and labor-certification requirement because their work is in the U.S. national interest.

EB-1 and EB-2 also sit in different Visa Bulletin categories, which can mean very different waits depending on country of birth.

Source: USCIS
What is the Dhanasar test for the National Interest Waiver?

USCIS evaluates NIW requests under the framework set out in Matter of Dhanasar (AAO, 2016). In general, the petitioner must show that:

  • the proposed endeavor has both substantial merit and national importance;
  • they are well positioned to advance that endeavor; and
  • on balance, it would benefit the United States to waive the job-offer and labor-certification requirements.

How a specific record measures against these prongs is a case-by-case question for a qualified professional.

Source: USCIS Policy Manual
Do I need an employer to file EB-1A or EB-2 NIW?

No. EB-1A and EB-2 NIW are the two main employment-based categories in which an individual can file Form I-140 on their own behalf. Most other employment-based categories (for example, PERM-based EB-2 and EB-3) require a U.S. employer to sponsor the petition.

Source: USCIS Form I-140
How is the O-1 visa different from a green card?

The O-1 is a temporary (nonimmigrant) visa for individuals with extraordinary ability or achievement. It requires a U.S. employer or agent to file on the person's behalf and does not, by itself, lead to permanent residence. EB-1A and EB-2 NIW are immigrant categories: an approved petition is a step toward a green card.

Some people hold O-1 status while pursuing a green card, but the two are separate processes with separate standards.

Source: USCIS O-1

Priority dates & the Visa Bulletin

Why the line exists and how to read your place in it.

What is a priority date?

Your priority date marks your place in line for an immigrant visa number. For self-petitions such as EB-1A and EB-2 NIW, it is generally the date USCIS receives a properly filed Form I-140. It appears on your I-140 receipt and approval notices.

When the Visa Bulletin shows a cut-off date later than your priority date for your category and country, a visa number is available to you.

What is the Visa Bulletin?

The Visa Bulletin is published monthly by the U.S. Department of State. For each preference category (EB-1, EB-2, EB-3 and so on) and each chargeability area (India, China, Mexico, the Philippines and "all other countries"), it shows the cut-off dates that determine who can move forward that month.

Our Visa Bulletin report translates each month's movement into plain language.

Source: U.S. Department of State
What is the difference between Final Action Dates and Dates for Filing?

The Visa Bulletin has two charts:

  • Final Action Dates: if your priority date is before this date, a green card can actually be approved.
  • Dates for Filing: an earlier-stage chart that indicates when you may be able to submit your adjustment of status application (Form I-485) or start consular processing paperwork.

Each month, USCIS announces which chart applicants inside the U.S. must use for filing I-485s. That choice can change month to month, so it is worth checking the USCIS "Adjustment of Status Filing Charts" page alongside the bulletin.

Source: USCIS filing charts
What do "C" and "U" mean in the Visa Bulletin?

"C" (current) means there is no backlog for that category and country that month: any applicant with an approved or pending petition in that category can move forward, regardless of priority date.

"U" (unavailable) means no visa numbers are available in that category and country for the month, often because the annual limit has been reached.

Source: U.S. Department of State
Why do people born in India or China often wait longer?

U.S. law limits how many employment- and family-based preference visas can go to natives of any single country in a year: generally 7% of the combined preference limits. Countries with very high demand, such as India and China, hit that limit, so their cut-off dates move more slowly than "all other countries".

The queue is based on country of birth (chargeability), not citizenship. In some situations a person may be charged to a spouse's country of birth instead (cross-chargeability).

Source: U.S. Department of State
What is retrogression?

Retrogression is when a cut-off date moves backward from one bulletin to the next. It usually happens when demand in a category exceeds the visa numbers available for the rest of the fiscal year. Applicants whose priority dates were current can find themselves waiting again until dates advance. A new fiscal year begins each October, which is when cut-off dates are often reset.

Process & timelines

What happens after filing, and how long it can take.

How long does an I-140 take?

It varies by category and service center and changes over time. USCIS publishes current processing times by form and category, and our Processing Times report breaks those numbers down, including the gap between mean and median times that shows how many cases are stuck.

Premium processing is available for EB-1A and EB-2 NIW I-140s (see below).

Source: USCIS processing times
What is premium processing, and how fast is it?

Premium processing (Form I-907) is an optional service that guarantees USCIS will take action on a petition within a set number of business days. "Action" means an approval, a denial, a Request for Evidence or a notice of intent to deny; it does not guarantee approval.

  • EB-1A I-140: 15 business days
  • EB-2 NIW and EB-1C I-140: 45 business days

The fee for an I-140 is $2,965 (effective March 1, 2026).

Source: USCIS premium processing
What is concurrent filing?

If your priority date is current under the chart USCIS designates for that month, and you are in the United States in a status that allows it, you may be able to file Form I-485 (adjustment of status) at the same time as Form I-140, rather than waiting for the I-140 to be approved. Work and travel permits (Forms I-765 and I-131) are often filed alongside the I-485.

Whether concurrent filing is available depends on your category, country of birth and the current bulletin.

Source: USCIS Form I-485
What is a Request for Evidence (RFE)?

An RFE is a notice from USCIS asking for more documentation before it decides a case. It lists what the officer found missing or insufficient and gives a deadline to respond. A response that does not address the issues raised can lead to a denial.

A Notice of Intent to Deny (NOID) is more serious: it explains why USCIS intends to deny the case and gives a chance to rebut.

What is the difference between adjustment of status and consular processing?

Adjustment of status (Form I-485) lets an eligible person who is already in the United States apply for permanent residence without leaving. Consular processing is the route for people outside the U.S. (or who choose it): the case moves to the National Visa Center, the applicant files Form DS-260, and the immigrant visa is issued after an interview at a U.S. embassy or consulate.

Source: U.S. Department of State

Government fees

USCIS filing fees as of October 2026. These change, so always confirm on the official fee schedule before filing.

What does USCIS charge to file an EB-1A or EB-2 NIW self-petition?
ItemFeeNotes
Form I-140 filing fee$715All petitioners
Asylum Program Fee$300Self-petitioners employing 25 or fewer (including zero) full-time U.S. employees. $600 for other petitioners; $0 for nonprofits.
Typical self-petition total$1,015Paid as two separate payments using the same method
Premium processing (optional)$2,965Form I-907, effective March 1, 2026

Part 1, Items 5 and 6 of the I-140 determine which Asylum Program Fee applies, and USCIS rejects filings with missing answers or incorrect fees.

Source: USCIS fee guidance
What does adjustment of status cost?
FormFeeNotes
I-485, age 14 and older$1,440Adjustment of status
I-485, under 14 filing with a parent$950
I-765 work permit, with a pending I-485$260No longer bundled into the I-485 fee
I-131 advance parole (travel), with a pending I-485$630No longer bundled into the I-485 fee

The medical exam (Form I-693) is done by a USCIS-designated civil surgeon, who sets their own fee.

Source: USCIS fee schedule (G-1055)
Do these fees change?

Yes. USCIS adjusted most fees in April 2024, raised premium processing fees for inflation in March 2026, and Congress added certain new fees in 2025. Always check the current USCIS fee schedule (Form G-1055) or use the USCIS fee calculator before filing. A filing with the wrong fee is typically rejected, which can cost time.

Our reports & data

Where the numbers come from and how to use them.

Where does the data in the reports come from?

Directly from government publications: USCIS (including its Office of Performance and Quality data sets, I-485 inventory releases and processing-time pages), the U.S. Department of State Visa Bulletin and annual reports, and the Federal Register for rule changes. Each report lists its sources and the date of the data it uses.

How often are the reports updated?

We aim to update each report when the underlying government data is released: the Visa Bulletin monthly, and inventory, processing and approval data as USCIS publishes it (often quarterly or irregularly). Every report shows the period its data covers, so you always know how current it is.

Can the reports tell me how long my own case will take?

No. The reports describe what the published data shows across all applicants: backlog sizes, historical movement and typical processing times. They are not a prediction for any individual case, which depends on factors the public data cannot capture.

What if I spot an error in a report?

Please tell us at info@myeb2niw.com. We check every report against the original source and will correct mistakes promptly.

Working with MyEB2NIW

How our paid services relate to the free reports.

What services does MyEB2NIW offer?

MyEB2NIW provides document preparation and editorial support for EB-1A and EB-2 NIW self-petitioners, including one-on-one consultations, recommendation letter drafting, petition letter review, a six-week masterclass and full editorial services, plus templates and guides. See the Services page for details and pricing.

What happens in a consultation?

A consultation is a one-on-one session (currently $300) where you can walk through your background, ask questions about the EB-1A and EB-2 NIW processes and the latest data, and discuss next steps for preparing your petition. Because MyEB2NIW is not a law firm, a consultation is not legal advice and does not create an attorney-client relationship.

Will MyEB2NIW file my case or represent me before USCIS?

No. MyEB2NIW does not act as your legal representative before USCIS or the Department of State. Self-petitioners file their own petitions; our role is to help prepare and strengthen the documents they submit. If you want representation, work with a licensed immigration attorney.

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General information only. MyEB2NIW LLC is not a law firm and does not provide legal advice. These answers describe how the system generally works and may not reflect recent changes. For advice about your own case, consult a licensed immigration attorney. Fees and processing details were last reviewed in October 2026.

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