Can You File EB-2 NIW Adjustment of Status Now? What the Latest Visa Bulletin Means

In a major development for employment-based immigration, the latest Visa Bulletin confirms that EB-2 National Interest Waiver (NIW) is current for applicants not subject to certain pauses or travel restrictions.

For many professionals already inside the United States, this creates an important opportunity: you may now be eligible to file Adjustment of Status (Form I-485).

However, the ability to file depends on whether you are affected by one of three government actions:

1. The 39-country entry pause
2. The 75-country immigrant visa pause
3. The expanded travel restriction list

Let’s break down what this means, and who can move forward now.

What Does “EB-2 NIW Is Current” Mean?

When a category is “current” under the Visa Bulletin, it means there is no waiting line for visa numbers in that category.

For eligible EB-2 NIW applicants, this opens the door to:

• Filing Form I-485 (Adjustment of Status)
• Applying for employment authorization (EAD)
• Applying for advance parole (travel permission)
• Moving forward in the green card process

For professionals already in the U.S., this can significantly accelerate the immigration timeline.

Who Can File Adjustment of Status Right Now?

If you are inside the United States and:

• Your EB-2 NIW priority date is current, and
• You are not subject to the 39-country pause,
• You are not covered under the 75-country immigrant visa suspension,
• You are not impacted by the travel restriction list,

then you may be eligible to file Adjustment of Status immediately.

This is especially relevant for researchers, physicians, engineers, entrepreneurs, and other highly skilled professionals seeking permanent residence through the National Interest Waiver.

What If You Are Subject to One of the Pauses?

Even if you are affected by the temporary pause on benefits adjudications inside the U.S., you may still be able to file your Adjustment of Status application.

However:

• Your case may not be adjudicated until the pause is lifted.
• Processing could remain pending during the restriction period.

Filing now may still secure your place in line and allow preliminary processing steps to occur, even if final approval is delayed.

This distinction is critical, many professionals assume they cannot file at all, when in reality they may still submit their application.

Why This Update Matters for EB-2 NIW Applicants

The EB-2 NIW category is unique because:

• It does not require employer sponsorship
• It does not require PERM labor certification
• It allows self-petitioning
• It offers flexibility for researchers, physicians, STEM professionals, and entrepreneurs

When the Visa Bulletin becomes current, the strategic window to act can be significant.

Immigration policies evolve, and eligibility often depends on timing.

At Zhang-Louie PLLC, our practice focuses exclusively on U.S. immigration law. We assist professionals in evaluating eligibility for:

• EB-2 National Interest Waiver
• EB-1A Extraordinary Ability
• Employer-sponsored PERM-based EB-2 and EB-3 cases
• Adjustment of Status strategy during policy changes

We do not act as recruiters or job placement agencies. Our role is to guide clients through the legal immigration process with clarity and long-term planning. If your EB-2 NIW category is current and you are not subject to the current pauses or travel restrictions, you may be eligible to file Adjustment of Status now. Even if you are impacted by a temporary adjudication hold, filing may still be possible. In immigration strategy, timing matters. And when categories become current, informed action can make a meaningful difference in your case timeline.