Priority Date Movement Brings Opportunity for NIW Applicants

The September 2025 Visa Bulletin brought welcome news for many employment-based applicants, especially those pursuing the EB-2 National Interest Waiver (NIW) route. After months of stagnation, we finally saw forward movement in priority dates, creating a rare window of opportunity for applicants who have been waiting to file their adjustment of status.

However, the September Visa Bulletin is a rare development for EB-2 NIW and other employment-based applicants and this window may not stay open for long. With retrogression possible as early as November 2025, we recommend taking advantage of these developments if possible.

It is important to note that if you are considering filing an I-485 while your I-140 is still pending, you should maintain valid underlying nonimmigrant status, if possible. It is recommended if you file for an I-485, that you not file for an I-765 or I-131 unless you are otherwise unable to maintain underlying nonimmigrant status. If you use an I-765 or I-131 while your I-485 is pending and you have no valid underlying nonimmigrant status, you will probably be out of status if your I-140 is denied because your I-485 will also likely be denied and your employment authorization and advance parole documents will likely be revoked. If you maintain your underlying status while your I-485 is pending, you should be permitted to remain in the country on that valid status even if your I-140 and then I-485 is denied. Also, you need to be aware of whether you will be able to extend your underlying status after filing an I-485. If you are in a nonimmigrant status other than H-1B, L-1A or L-1B, you will likely not be able to extend your nonimmigrant status after filing an I-485.