Indian nationals seeking U.S. permanent residency under the EB-2 category now face important decisions due to recent updates in policy and processing. As of July 23, 2025, both the EB-2 NIW (National Interest Waiver) and the Employer-Sponsored EB-2 (PERM-based I-140) remain available, but several changes and ongoing challenges shape which path may be better for each individual. This update explains what has changed, who is affected, effective dates, required actions, and the implications for pending and future applications.
Summary of What Changed
- Premium processing is now available for EB-2 NIW I-140 petitions, allowing for a decision in as little as 45 days.
- USCIS has updated its policy for EB-2 NIW petitions, requiring more detailed evidence and clearer alignment with U.S. national priorities.
- Visa retrogression for Indian nationals remains severe in both EB-2 categories, with priority dates stuck at early 2013 as of July 2025.
- No major legislative changes or visa number increases have been announced to ease the backlog for Indian applicants.
Who Is Affected
- Indian nationals applying for U.S. green cards under the EB-2 category, whether through the National Interest Waiver or employer sponsorship.
- Employers considering sponsoring Indian employees for EB-2 green cards.
- Current applicants with pending EB-2 NIW or employer-sponsored I-140 petitions.
- Prospective applicants weighing which path to pursue.
Effective Dates
- Premium processing for EB-2 NIW is available as of 2025.
- USCIS policy update for NIW petitions took effect in January 2025.
- Visa Bulletin priority dates are current as of July 2025, with no immediate relief in sight.
Required Actions
- Applicants must carefully choose between EB-2 NIW and employer-sponsored EB-2 based on their personal situation, eligibility, and long-term plans.
- Monitor the monthly Visa Bulletin from the U.S. Department of State to track movement in priority dates.
- Prepare stronger evidence for NIW petitions due to higher scrutiny under the new USCIS policy.
- Consult with experienced immigration attorneys to develop the best strategy and avoid costly mistakes.
Key Differences Between EB-2 NIW and Employer-Sponsored I-140
Understanding the main differences between these two green card paths is essential for Indian nationals, especially given the long wait times and strict requirements.
EB-2 NIW (National Interest Waiver):
– Self-petition: You do not need a job offer or employer sponsorship. You file the petition yourself.
– No PERM labor certification: You do not have to prove there are no qualified U.S. workers for your job.
– Eligibility: You must have an advanced degree or show exceptional ability, and you must prove your work is in the national interest of the United States. This is judged using the “Matter of Dhanasar” three-prong test:
1. Your work has substantial merit and national importance.
2. You are well-positioned to advance your work.
3. Waiving the job offer and labor certification would benefit the United States.
– Processing time: I-140 petition can be processed in 6-18 months, or as fast as 45 days with premium processing.
– Priority date: Set when you file your I-140 petition.
– Flexibility: You control your case and can change jobs or fields more easily.
Employer-Sponsored EB-2 (PERM-based I-140):
– Employer petition: A U.S. employer must sponsor you and file the petition.
– PERM labor certification required: The employer must show there are no qualified U.S. workers for the job. This process can take 6-12 months or longer.
– Eligibility: You must have an advanced degree or exceptional ability, and a valid job offer.
– Processing time: After PERM approval, the I-140 petition takes 6-12 months. Premium processing is available for I-140 but not for PERM.
– Priority date: Set when the PERM application is filed, which can be earlier than the I-140 filing date.
– Less flexibility: You depend on your employer and must stay in the sponsored job until you get your green card.
Current Visa Backlog and Priority Dates for Indian Nationals
As of July 2025, both EB-2 NIW and employer-sponsored EB-2 applicants from India face the same main challenge: severe visa retrogression. The Final Action Date for EB-2 India is stuck at early 2013, meaning most applicants must wait more than a decade after their priority date before they can file for adjustment of status (Form I-485) or go through consular processing.
- Employer-sponsored EB-2 applicants may have a slight advantage because their priority date is set at the time of PERM filing, which is usually earlier than the I-140 filing date for NIW applicants.
- EB-2 NIW applicants have their priority date set when they file the I-140, which is after they have prepared all their evidence and documents.
This means that, for Indian nationals, both paths lead to long waits, but employer-sponsored applicants might be a little ahead in the line.
Processing Times and Procedures
Employer-Sponsored EB-2:
1. PERM Labor Certification: Employer starts the process by testing the labor market and filing a PERM application. This can take 6-12 months or more.
2. I-140 Petition: Once PERM is approved, the employer files Form I-140. Processing takes 6-12 months, or 15 days with premium processing.
3. Wait for Priority Date: After I-140 approval, you must wait for your priority date to become current before filing Form I-485.
4. Adjustment of Status (I-485): Once your priority date is current, you can file for adjustment of status or consular processing.
EB-2 NIW:
1. Prepare Evidence and File I-140: You gather evidence to prove your work is in the national interest and file Form I-140 directly with USCIS. No PERM is needed.
2. I-140 Processing: Takes 6-18 months, or 45 days with premium processing.
3. Wait for Priority Date: After I-140 approval, you wait for your priority date to become current.
4. Adjustment of Status (I-485): Once your priority date is current, you can file for adjustment of status or consular processing.
Important: For both paths, you cannot file Form I-485 or get work authorization based on a pending green card application until your priority date is current. This is the main bottleneck for Indian nationals.
You can find the official Form I-140 and instructions on the USCIS website.
Eligibility and Approval Criteria
Employer-Sponsored EB-2:
– Must have a real job offer from a U.S. employer.
– Employer must prove there are no qualified U.S. workers for the job (PERM).
– Approval is mostly based on meeting clear rules and regulations.
EB-2 NIW:
– No job offer or employer needed.
– Must show your work is important to the United States and meets the three-prong test from Matter of Dhanasar.
– Approval is more subjective and depends on the strength of your evidence.
– As of January 2025, USCIS requires more detailed and specific evidence about your work and its national importance.
Tip: If you have strong achievements, work in a field that benefits the U.S., or want to control your own case, NIW may be a good choice. If you have a willing employer and a clear job offer, employer sponsorship may be simpler.
Practical Implications for Indian Applicants
- Flexibility: EB-2 NIW gives you more control and does not tie you to an employer. This is helpful for entrepreneurs, researchers, or those who change jobs often.
- Control: You decide when to file and what evidence to include. Employer-sponsored applicants must rely on their employer’s timeline and willingness.
- Backlog Impact: Both paths face the same long wait for Indian nationals. Employer-sponsored applicants may have a slightly earlier priority date, but the difference is usually small.
- Work Authorization: You cannot get work or travel benefits from a pending green card application until your priority date is current and you file Form I-485.
- Premium Processing: Now available for EB-2 NIW I-140, which speeds up the decision on your petition but does not help with the visa backlog.
Recent Policy Updates and Expert Opinions
- USCIS Policy Update (January 2025): NIW petitions must now include a detailed description of your proposed work and show how it matches U.S. national priorities. This means you need to prepare stronger evidence and clear explanations.
- Premium Processing Expansion: You can now pay extra for premium processing of EB-2 NIW I-140 petitions, getting a decision in 45 days. This reduces uncertainty but does not change the visa backlog.
- Visa Bulletin Monitoring: Experts recommend checking the U.S. Department of State Visa Bulletin every month to see if your priority date is moving forward.
- Legal Advice: Immigration attorneys suggest reviewing your own situation—such as whether you have a job offer, your field of work, and your long-term plans—before choosing between NIW and employer sponsorship.
As reported by VisaVerge.com, the main challenge for Indian nationals is not the petition process itself, but the long wait for a visa number to become available. Both paths require patience and careful planning.
Historical Context and Future Outlook
- Employer-sponsored EB-2 has long been the standard path for Indian nationals, especially those working in technology, engineering, and other high-demand fields.
- EB-2 NIW has become more popular for self-petitioners, entrepreneurs, and researchers who want more control or do not have employer sponsorship.
- Backlog Persistence: The backlog for Indian EB-2 applicants has lasted more than a decade, with no major relief expected in 2025.
- No Major Policy Changes: There are no new laws or increases in visa numbers announced as of July 2025.
- Future Planning: Applicants should expect long waits after I-140 approval and may want to explore other visa options, such as EB-1, if eligible.
Step-by-Step Process Comparison
Employer-Sponsored EB-2:
1. Employer starts PERM labor certification (6-12 months).
2. After PERM approval, employer files Form I-140 (6-12 months, or 15 days with premium processing).
3. Wait for priority date to become current (often many years for Indian nationals).
4. File Form I-485 for adjustment of status or go through consular processing.
5. Receive green card.
EB-2 NIW:
1. Applicant prepares evidence and files Form I-140 directly (no PERM needed).
2. USCIS processes I-140 (6-18 months, or 45 days with premium processing).
3. Wait for priority date to become current (based on I-140 filing date).
4. File Form I-485 for adjustment of status or consular processing.
5. Receive green card.
Official Resources and Contacts
- USCIS EB-2 NIW Information: USCIS National Interest Waiver
- Visa Bulletin: U.S. Department of State Visa Bulletin
- DOL PERM Information: Department of Labor PERM
- Legal Assistance: Contact experienced immigration attorneys for personalized advice. Some well-known firms include North America Immigration Law Group, Manifest Law, and The Fogle Law Firm.
Actionable Takeaways and Next Steps
- Decide which path fits your situation: If you have a strong record and want to self-petition, EB-2 NIW may be right for you. If you have a willing employer, consider employer sponsorship for a possibly earlier priority date.
- Prepare strong evidence: Especially for NIW, gather detailed proof of your work’s national importance and your achievements.
- Monitor your priority date: Check the Visa Bulletin every month to see if your date is moving forward.
- Consider premium processing: For faster I-140 decisions, use premium processing if available.
- Consult an attorney: Immigration law is complex, and a good lawyer can help you avoid mistakes and plan for the long wait.
- Stay informed: Policy changes can happen, so keep up with updates from USCIS and the Department of State.
For more details on the EB-2 NIW and employer-sponsored I-140 process, including official forms and instructions, visit the USCIS EB-2 page.
In summary, both EB-2 NIW and employer-sponsored I-140 remain valid options for Indian nationals, but the choice depends on your personal situation and goals. The main challenge is the long visa backlog, which affects both paths equally. By understanding the differences, preparing strong evidence, and seeking expert help, you can make the best decision for your future in the United States 🇺🇸.
Learn Today
EB-2 NIW → A green card category allowing self-petition without employer sponsorship, based on national interest waiver.
Employer-Sponsored I-140 → A petition filed by a U.S. employer requiring PERM labor certification for EB-2 visa applicants.
PERM Labor Certification → Process employers use to prove no qualified U.S. workers are available for the job position.
Premium Processing → An expedited USCIS service that guarantees petition decisions within 15 to 45 days for certain applications.
Visa Retrogression → A delay where visa numbers remain unavailable due to high demand, causing backlog in priority dates.
This Article in a Nutshell
Indian nationals face tough choices in EB-2 green card paths. Premium processing aids EB-2 NIW petitions. Despite options, severe visa backlogs stall approvals. Understanding distinct steps and strategic planning is essential for success in the long wait for permanent residency under complex new USCIS rules.
— By VisaVerge.com
