EB-2 NIW Delays for Indian Applicants: Yale PhD’s 2-Year Delay Ends

(UNITED STATES) A case that began with a routine employment-based green card filing ended after a long wait and a surprise twist, drawing new attention to growing USCIS backlogs. An Indian Yale PhD scientist who applied for an EB-2 NIW in October 2023 endured a 26-month delay, receiving almost no communication from the agency. The applicant expected a 9- to 10-month timeline, but the case sat with the status “Case Was Received” for over two years.

Multiple service requests went unanswered, and only after a congressional office stepped in did the agency acknowledge that an internal approval had been entered in January 2024—without any official approval notice sent to the applicant. The case then surfaced as fully approved in November 2025, coinciding with the scientist’s public post describing the ordeal.

What made this case notable

• The unusual gap between an internal decision and the absence of an approval notice alarmed many employment-based applicants already on edge.
• The petition was effectively granted in early 2024 but never communicated formally, adding uncertainty to a process that should be predictable.
• Applicants rely on dated notices to plan jobs, travel, and family timelines; when those notices do not arrive, they fear lost files or missed steps that could reset the process.

Broader visa-number constraints affecting EB-2 applicants

Indian professionals in the EB-2 category, including those pursuing EB-2 NIW, have seen pressure build through 2025 as visa number availability shrank and final action dates regressed.

• For fiscal year 2025, EB-2 immigrant visa approvals were paused until October 1, 2025, because the annual quota had been exhausted.
• Petitions could still be filed if the priority date was current for filing, but approvals and visa issuance did not move until the new fiscal year opened.
• That calendar-driven halt left applicants in limbo even when their paperwork was otherwise ready.

How individual delays and system-wide limits collide

Those macro limits collide with individual cases, which is why the delayed EB-2 NIW for the Indian Yale PhD became a touchpoint.

• The agency’s silence and ignored service requests fed a sense that routine follow-up channels no longer work.
• Many applicants who once relied on e-requests and phone inquiries now find themselves seeking help from congressional offices when files stall.
• In this case, a congressional inquiry finally produced a response confirming the January 2024 internal approval, yet the applicant still waited until November 2025 to see a formal end to the process.

The gap between an internal approval and an official notice left months of anxiety and planning on hold.

Current backlog and its human impact

The backlog for Indian EB-2 petitioners continues to cast a long shadow.

• As of November 2025, the Final Action Date for India in EB-2 stood at April 1, 2013.
• Anyone with a later priority date remains stuck until the cut-off advances—waits that can stretch into the 2030s and, for many, well beyond 2040.

Concrete consequences:

• Employers hesitate on promotions involving international travel.
• Families push back life milestones.
• Scientists face delays that can affect grants, lab leadership roles, and long-term research planning.

Why the visa bulletin and rules matter

Policy and math both shape the queue.

• The annual cap for employment-based categories, per-country limits, and spillover rules determine how many EB-2 green cards can be issued each year.
• When demand surges and supply is fixed, every movement of the visa bulletin becomes a high-stakes event.
• The fiscal year 2025 halt meant even adjudicated cases had to wait for fresh visa numbers.

According to analysis by VisaVerge.com, the stop-start rhythm of visa number availability combined with communication lapses is causing deep frustration and uncertainty among applicants who believed their cases were on track.

The applicant’s timeline, step by step

1. October 2023 — EB-2 NIW petition filed.
2. Receipt notice issued; status remained “Case Was Received” with no updates for over two years.
3. Multiple service requests and standard follow-ups produced no answers.
4. Congressional outreach prompted USCIS to confirm an internal approval was entered in January 2024.
5. Despite that internal entry, no formal approval notice was sent to the applicant.
6. November 2025 — Case surfaced as fully approved and closed, ending the two-plus-year limbo.

Communication failures magnify waits

USCIS backlogs in EB-2 NIW cases do not exist in isolation. The broader environment for Indian EB-2 applicants remains constrained by visa number shortages.

• Many applicants wait for visa numbers rather than adjudication decisions.
• The agency’s internal acknowledgment of approval during a period when approvals were paused underscores how process timing and statutory caps can collide.

Applicants say reliable communication—especially when a case has been approved internally—would prevent unnecessary stress and secondary costs. In this instance, sending an approval notice could have averted months of confusion.

Institutional ripples

Employers, universities, and families all feel the effects.

• Departments recruiting international researchers risk that promising hires cannot settle status predictably.
• Project managers must choose between delaying work or shifting it to employees with more stable immigration timelines.
• In research fields, prolonged delays can affect publications, patents, and partnerships.

For families:

• Spouses on dependent work permits may face interruptions.
• Children close to aging out of dependent status must monitor monthly updates closely.
• The April 1, 2013 cut-off became a marker of both system pressure and personal strain.

What can be done — expectations and fixes

Officials point to annual limits and demand spikes to explain slow pace; those structural constraints are real. But handling of individual files—missing approval notices and unacknowledged service requests—is within the agency’s control.

Advocates urge:

• Clear status updates as a baseline.
• Responsive service channels.
• Timely issuance of notices once internal actions occur.

The fiscal year 2025 pause exposed how quickly confidence erodes when applicants cannot confirm their case status. As the new fiscal year opened, many hoped numbers would begin moving files again, but they also want assurance that approvals will arrive with predictable documentation.

Where to watch for updates

For month-to-month tracking of cut-off dates and visa number use, the U.S. Department of State Visa Bulletin remains the key reference:

• Link: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Applicants and employers will keep watching each update to see whether EB-2 India can inch forward from the April 2013 line. Until then, cases like the Indian Yale PhD’s will continue to resonate as examples of how national policy limits and basic communication failures combine to stretch an already difficult wait into years.