How to Read the EB-2 Visa Bulletin: A Complete Guide to Priority Dates and Backlogs
EB-2 China's backlog is currently stuck around June 2019. When can NIW applicants file I-485? This article fully explains the Visa Bulletin -- the difference between Table A and Table B, how backlogs affect your green card timeline, and what you can do about it.
How to Read the EB-2 Visa Bulletin: A Complete Guide to Priority Dates and Backlogs #
Key Takeaways
- The Visa Bulletin is published monthly by the Department of State, determining immigrant visa allocation and wait times
- Table A (Final Action Dates) is the definitive date determining when you can receive your green card
- Table B (Dates for Filing) determines whether you can file I-485 early, but USCIS must confirm each month whether it's in effect
- EB-2 China's Final Action Date is currently stuck around June 2019, meaning an approximately 4-year wait
- During the backlog wait, an approved I-140 still has significant value: locking in your priority date and enabling unlimited H-1B extensions
For every mainland China-born applicant filing for NIW (National Interest Waiver), "backlog" is an unavoidable topic. You may already know: even if your NIW I-140 is approved, you can't immediately get your green card -- because your priority date hasn't become current.
But what exactly is the backlog? How do you read the Visa Bulletin? What's the difference between Table A and Table B? What can you do during the wait? Many applicants have only a vague understanding of these questions.
This article starts from the most fundamental concepts to help you thoroughly understand the Visa Bulletin.
What Is the Visa Bulletin? #
The Visa Bulletin is a monthly announcement published by the U.S. Department of State, listing the "cutoff dates" for various immigrant visa categories (including employment-based and family-based immigration).
Why are there backlogs?
Because U.S. immigration law caps the number of immigrant visas for each fiscal year (October through the following September) and also limits each country's allocation to no more than 7% of the total. When the number of applicants in a given category/country exceeds the quota, a backlog forms -- first come, first served, waiting in line.
Mainland China Born vs. Other Birthplaces: The backlog is calculated by country of birth, not nationality. If you were born in mainland China, you fall under the "CHINA MAINLAND born" backlog. If you were born in Taiwan or other countries/regions, your backlog may be entirely different. For the EB-2 category (including NIW), mainland China and India have the longest backlogs -- because the number of applicants from these two countries/regions far exceeds the quota.
The Two Tables in the Visa Bulletin #
Each month's Visa Bulletin contains two critical tables: Table A and Table B.
Table A: Final Action Dates #
Table A is also called "Application Final Action Dates" or "Visa Availability." It shows: for each category and country of birth, what priority date allows an applicant to receive their green card (final approval) that month.
Simply put: if your priority date is earlier than the cutoff date shown on Table A, your visa number is "available" -- you can receive final green card approval.
Table B: Dates for Filing #
Table B is also called "Dates for Filing Applications." It shows: for each category and country of birth, what priority date allows an applicant to file an I-485 adjustment of status application (or file DS-260 overseas).
Table B is typically more "advanced" than Table A -- meaning you may be able to file I-485 under Table B's criteria even before Table A reaches your date.
Table B Doesn't Automatically Take Effect: Each month, USCIS separately announces whether the I-485 filing standard for that month follows Table A or Table B. USCIS doesn't activate Table B every month. Therefore, even if Table B shows your date has been reached, you still need to confirm whether USCIS allows Table B filing for that month.
Table A vs Table B: Summary of Differences #
| Feature | Table A (Final Action) | Table B (Dates for Filing) |
|---|---|---|
| Determines | Whether you can receive final green card approval | Whether you can file an I-485 application |
| Date Usually | Further back (slower) | Further ahead (faster) |
| Automatically Applied | Yes | Requires monthly USCIS confirmation |
| Core Significance | Determines when you get your green card | Allows early I-485 filing for EAD/AP benefits |
What Is a "Priority Date"? #
The priority date is your "queue number" in the backlog system. For NIW applications:
Your Priority Date = The date USCIS receives your I-140 application
The Importance of Locking In a Priority Date: This is why many people say "file your I-140 as early as possible." The earlier your priority date, the further ahead you are in the queue. Even if you're not in a rush to get a green card, filing I-140 early and locking in an earlier priority date is very important for your long-term interests.
Determining Whether Your Backlog Has Cleared #
The method is straightforward:
Your Priority Date < Table A cutoff date = You can get your green card
Your Priority Date < Table B cutoff date = You can file I-485 (if USCIS activates Table B)
For example: If your Priority Date is March 30, 2023 (i.e., the date you file I-140 today), and the current EB-2 China Table A cutoff date is June 8, 2019. Since March 2023 > June 2019, your backlog hasn't cleared -- you need to wait for Table A's date to advance past your Priority Date.
Current EB-2 Backlog Status (March 2023) #
Here are the key EB-2 data points from the March 2023 Visa Bulletin:
| Country of Birth | Table A (Final Action) | Table B (Dates for Filing) |
|---|---|---|
| Mainland China | June 8, 2019 | August 1, 2019 |
| India | January 1, 2010 | December 1, 2011 |
| Other Countries | Current (no backlog) | Current (no backlog) |
Key Observations:
- EB-2 China backlog is approximately 4 years: If you file I-140 today, you may need to wait until approximately 2027 to file I-485
- EB-2 India backlog exceeds 13 years: India-born applicants face an even longer wait
- Other countries have no backlog: If you were born in a country/region other than mainland China or India, EB-2 is typically Current -- meaning you can file I-485 immediately after I-140 approval
- Backlogs fluctuate: The backlog doesn't advance at a constant pace; sometimes it moves forward significantly, sometimes it stalls, and sometimes it even retrogresses
Historical Backlog Trends #
Understanding historical changes helps set reasonable expectations:
| Time Period | EB-2 China Table A | Trend |
|---|---|---|
| January 2021 | June 2016 | Relatively advanced |
| July 2021 | July 2018 | Major leap forward |
| January 2022 | April 2019 | Continued advance |
| July 2022 | June 2019 | Advance slowing |
| January 2023 | June 2019 | Essentially stalled |
| March 2023 | June 2019 | Still stalled |
As you can see, the EB-2 China backlog experienced a period of relatively rapid advancement in 2021-2022 but has essentially stalled at June 2019 in recent months. This likely relates to the surge in NIW applications -- more approved I-140s mean more people waiting in line for visa numbers, slowing backlog advancement.
What Can You Do During the Backlog Wait? #
For most mainland China-born NIW applicants, the post-I-140-approval wait can last several years. This period isn't one where "nothing can be done" -- there's plenty you can proactively do:
1. Maintain Legal Status #
During the backlog wait, you need to maintain legal status in the U.S. through other means. The most common is the H-1B work visa.
H-1B Extension Beyond 6 Years: Normally, H-1B has a maximum validity of 6 years. But if you have an approved I-140, under the AC21 Act (American Competitiveness in the Twenty-First Century Act), you can continue extending H-1B after the 6-year expiration with no limit on extensions. As long as your I-485 hasn't received a final adjudication, you can extend H-1B indefinitely in 1-year or 3-year increments. This is one of the most important practical benefits of I-140 approval.
2. Freedom to Change Jobs #
After I-140 has been approved for 180 days, under the AC21 Act's "job portability" provision, you can change jobs without affecting the approved I-140 -- provided the new job is in "the same or similar" field as the proposed endeavor in your NIW application.
For NIW applicants, since there's no specific employer sponsorship, job-changing flexibility is even greater. As long as your new job is still within the field you described, there typically won't be issues.
3. Consider an EB-1 Upgrade #
If during the backlog wait your achievements improve further (more papers, higher citations, awards, etc.), you can consider filing an EB-1A (Extraordinary Ability) application. EB-1's backlog is typically much faster than EB-2 -- sometimes even Current.
Assess EB-1A Eligibility
Check whether you meet at least three of EB-1A's ten criteria.
File EB-1A I-140
If eligible, file a new EB-1A I-140.
Use Priority Date Across Categories
If the EB-1A I-140 is approved, you can "port" your earlier NIW I-140 priority date to the EB-1A category. This is called "porting priority date" -- letting you use EB-2's earlier priority date in EB-1's faster backlog category.
4. Monitor Backlog Changes #
The backlog isn't fixed -- it can change every month. We recommend checking the latest Visa Bulletin monthly to stay informed of backlog trends.
| Information Source | URL | Publication Frequency |
|---|---|---|
| Department of State Visa Bulletin | travel.state.gov | Published mid-month for the following month |
| USCIS I-485 Filing Guidance | uscis.gov | Monthly confirmation of Table A or Table B |
| Immigration Attorney Analysis | Various law firm blogs | After monthly bulletin release |
5. Prepare I-485 Materials #
Although you can't file until the backlog clears, you can prepare all I-485 materials in advance -- medical exam report (I-693), birth certificate, passport copies, photos, etc. This way, once the backlog clears, you can file immediately.
Medical Exam Validity Period: The I-693 medical exam report is valid for 2 years from the date signed by the USCIS-designated physician. If you complete the exam too early, the report may expire by the time your backlog clears, requiring you to redo it. We recommend completing the exam 6-12 months before you expect the backlog to clear.
Downgrade and Cross-Category Strategies #
EB-2 Downgrade to EB-3 #
A common strategy is downgrading from EB-2 to EB-3. While EB-3's backlog usually isn't fast either, occasionally EB-3's backlog may actually be more advanced than EB-2 -- this situation is uncommon but does happen.
| Feature | EB-2 | EB-3 |
|---|---|---|
| Education Requirement | Master's and above | Bachelor's and above |
| Current Backlog (China) | ~June 2019 | ~May-June 2019 |
| Can Downgrade? | - | Yes, based on same I-140 |
Currently EB-2 and EB-3 China backlogs are very close, making the downgrade strategy's advantage unclear. But it's an option worth monitoring -- the gap between the two categories may widen in the future.
EB-1 Upgrade #
As mentioned above, if your qualifications improve to meet EB-1A standards, you can file an EB-1A I-140 and benefit from a faster backlog. EB-1 China's backlog is currently around February 2022, approximately 3 years faster than EB-2.
Frequently Asked Questions #
What does 'C' or 'Current' mean on the Visa Bulletin?
"C" or "Current" indicates there's no backlog for that category/country -- meaning applicants with any priority date can immediately file I-485 or receive green card approval. For the EB-2 category, "Other Countries" (excluding mainland China and India) typically shows Current, meaning if you were born in these countries/regions, you can file I-485 immediately after I-140 approval.
My spouse was born in another country. Can I use their birth country's backlog?
In certain circumstances, yes. This is called "cross-chargeability." If your spouse was born in a country/region with a faster backlog (such as Taiwan, Singapore, or South Korea), you can request that your case be charged to your spouse's birth country. This requires you and your spouse to file the immigration application together. Cross-chargeability is a legal and widely used strategy, but requires professional legal guidance for proper execution.
Can backlogs retrogress? Would an already-filed I-485 be returned?
Backlogs can retrogress. This typically happens when visa numbers are exhausted -- the Department of State moves the cutoff date backward. If the backlog retrogresses before your priority date, your situation depends on whether you've already filed I-485: 1) If you haven't filed I-485, you need to wait for the backlog to advance again past your date; 2) If you've already filed I-485, it remains pending but won't be approved -- USCIS waits until visa numbers become available again before making a final decision. An already-filed I-485 won't be returned, and you can still use your EAD work authorization based on the pending I-485.
Can NIW and PERM priority dates be used interchangeably?
To a certain extent, yes. If you have multiple approved I-140s (such as one NIW I-140 and one PERM-based I-140), you can choose to use the earliest priority date. This is called "priority date retention and porting." For example, if your NIW I-140 priority date is January 2023 and your PERM I-140 priority date is June 2022, you can use the June 2022 earlier date. The two I-140s don't need to be in the same category (one can be EB-2, the other EB-3).
Should I wait for the backlog to improve before applying for NIW?
Absolutely not. The backlog is based on your priority date to queue -- your priority date is the I-140 filing date. If you don't file today, you won't have a priority date and won't have a position in the queue. Even if the current backlog requires a 4-year wait, if you file today, you can file I-485 four years from now. If you wait 2 years to file, then you won't be able to file I-485 for 6 years. Filing one day earlier means entering the queue one day sooner. In the world of backlogs, time is the most precious resource.
Can an approved I-140 be withdrawn? Does withdrawal affect the backlog?
You (as self-petitioner) or USCIS can withdraw an I-140. But this is usually unwise -- because an approved I-140 locks in your priority date, and even if you file a new I-140 later, the previous priority date can still be used (provided the previous I-140 was approved for more than 180 days and wasn't revoked due to fraud or material error). Under the AC21 Act, even if an I-140 is withdrawn by an employer (which doesn't apply to NIW since there's no employer) after being approved for 180 days, the priority date remains valid. In short, unless there are special circumstances, don't withdraw an approved I-140.
Conclusion #
The Visa Bulletin is a critical document that every NIW applicant must understand. For mainland China-born EB-2 applicants, the backlog wait is currently approximately 4 years -- this is indeed a long wait. But understanding the backlog system and making the right strategic decisions can significantly optimize your green card timeline.
Key takeaways:
- File I-140 as early as possible -- your priority date is your most valuable asset
- Table A determines the green card, Table B determines I-485 filing -- they're different; don't confuse them
- I-140 approval itself has major value -- unlimited H-1B extensions, locked queue position, freedom to change jobs
- Stay proactive during the backlog wait -- consider an EB-1A upgrade, monitor backlog changes, prepare materials in advance
- Don't give up or delay because of a long backlog -- filing one day earlier means joining the queue one day sooner
If you're considering an NIW application, don't let the backlog's existence make you hesitate. The backlog is a reality that all mainland China-born EB-2 applicants face, but the first step -- filing I-140 and locking in a priority date -- is something you can do right now.
GloryAbroad can help you match independent recommenders and organize application materials for your NIW application, so you can file as soon as possible and lock in your priority date.