EB-2 NIW at the end of 2025: 19.5 months of processing and a backlog in the tens of thousands
By late 2025 the official USCIS Case Processing Times tool shows that Form I-140 in the EB-2 National Interest Waiver category takes roughly 18–20 months in regular processing at key service centers. At the same time, quarterly Form I-140 statistics indicate that the number of pending EB-2 / NIW cases has grown into the tens of thousands, with analytical reconstructions placing the NIW-specific backlog at about 60–70k pending petitions.
- For several USCIS service centers, the time in which 80 % of I-140 NIW cases are completed has stabilised around 19.5 months, which is materially longer than in 2023.
- Form I-140 reports show that the number of new EB-2 filings and pending cases is growing faster than adjudication capacity, especially in NIW-heavy segments.
- Practitioners report a higher share of RFEs and stricter scrutiny for NIW petitions, particularly on the “national importance” and “well positioned to advance” prongs, which further stretches overall processing timelines.
For candidates this means that the “normal” I-140 horizon is no longer a year but roughly a year and a half to two years. That naturally raises questions: does EB-2 NIW still make strategic sense, how does it compare to EB-1A or employer-sponsored routes, and how should Visa Bulletin dynamics for different countries of chargeability be factored in?
This article breaks down how official EB-2 NIW processing times evolved, where the backlog comes from, how the situation differs for Rest of World versus India and China, and in which scenarios NIW remains a rational choice versus situations where O-1, EB-1A or a multi-track strategy may be more appropriate.
How USCIS calculates EB-2 NIW processing times and what stands behind the 19.5-month figure
USCIS publishes processing times through its online Case Processing Times tool. For EB-2 NIW we look at Form I-140, Employment-Based, Second Preference, National Interest Waiver for the relevant service center (often SCOPS/NSC or TSC). The posted number describes the time in which 80 % of cases were completed, not an arithmetical average. Individual petitions can therefore be processed faster or slower than the posted range.
In parallel, USCIS releases quarterly spreadsheets for Form I-140 showing filings, approvals, denials and pending cases. Based on the distribution of EB-2 categories and the share of NIW within EB-2, practitioners can reconstruct that by the end of FY2025 the EB-2 NIW-specific backlog is on the order of 60–70 thousand pending petitions.
| Period | Median I-140 (NIW) timeline | Approximate NIW backlog* |
|---|---|---|
| FY2023 (full-year average) | about 10–12 months | around 25k cases |
| Mid-FY2024 (after premium launch) | about 13–16 months | around 40–45k cases |
| End of FY2025 (Q3–Q4) | roughly 18–20 months (regular); about 45 days with premium | about 60–70k cases (≈65k NIW specifically) |
When planning, it is crucial to distinguish between time to I-140 approval and visa availability under the Visa Bulletin. For Rest of World, EB-2 dates remain comparatively favourable, while for India and China retrogressed EB-2 dates mean that an approved NIW does not always translate into prompt immigrant visa issuance.
Why EB-2 NIW is slowing down: demand, USCIS capacity and tighter scrutiny
Looking at the last few fiscal years, the spike in EB-2 NIW timelines is driven by three main layers: surging demand, structural constraints on USCIS capacity, and stricter adjudication standards.
- Demand. NIW has become a go-to route for researchers, engineers, IT and healthcare professionals. With the introduction of premium processing and growing visibility in professional communities, the volume of filings has increased sharply.
- USCIS capacity. The number of officers experienced in complex NIW adjudications has not grown at the same rate. Some capacity is reallocated to humanitarian and family-based priorities, leaving less bandwidth for EB-2.
- Scrutiny. Several analyses show that EB-2 NIW approval rates in FY2025 are lower than in previous years, with more RFEs targeting the “national importance” and “well-positioned” prongs. Each RFE adds months not only to the individual case but also to the system as a whole.
For Rest of World, this extended horizon is still manageable as long as EB-2 remains current. For India and China, where EB-2 dates are retrogressed, EB-2 NIW often turns into a “queue within a queue”, making EB-1A and temporary statuses such as O-1 especially important in the overall strategy.
EB-2 NIW in 2025: when it still makes sense and when other routes may be stronger
Scenarios where EB-2 NIW remains a rational choice
- Rest of World with stable status in the U.S. If you hold H-1B, O-1, L-1 or another status that can realistically be maintained for another 2–3 years, NIW is still a strong way to lock in a priority date and reduce dependency on a particular employer.
- Profiles with clear national-interest narrative. Professionals in healthcare, critical infrastructure, energy, cybersecurity, AI safety and similar fields can show that their work delivers tangible, long-term benefits for the United States. For them, even a long horizon is often justified by the flexibility NIW provides.
- Candidates “between” EB-2 NIW and EB-1A. If the EB-1A profile needs another major award, publication or high-impact project, it may make sense to launch NIW now while continuing to build towards EB-1A in parallel.
When the current NIW timeline makes a single-track strategy too risky
- Status is running out. If your F-1/OPT, J-1 or another nonimmigrant status is nearing its limit and extension is uncertain, relying on a long NIW-only horizon is risky; you should simultaneously evaluate options such as O-1, H-1B, L-1 or other tools.
- India/China with heavily retrogressed EB-2 dates. Even after I-140 approval, you may wait years for your priority date to become current. In such cases, EB-1A or employer-sponsored routes can play a larger role than NIW alone.
- Already strong EB-1A profile. If your record already aligns with EB-1A criteria, focusing on the faster category can be more effective than waiting for an NIW decision in an environment of tightening approval rates.
For most applicants from countries outside India and China, EB-2 NIW remains a core structural route to permanent residence: Visa Bulletin dates are still manageable, and NIW offers substantially more flexibility than PERM with respect to employer and project changes.
The decisive factor is the quality of the national-interest narrative and evidence. With rising demand, USCIS is more likely to approve ten strong cases than twenty borderline ones. Clear positioning, independent expert letters and robust documentation of impact are critical.
For India and China, EB-2 NIW often becomes a two-stage long game: first you wait for I-140 adjudication, then for Visa Bulletin dates to catch up. Because of this, many candidates treat NIW as one track in a broader multi-track strategy.
A typical 2025 configuration is NIW + EB-1A + PERM. The candidate develops achievements toward EB-1A, the employer pursues PERM, and NIW serves as an additional avenue and bargaining chip for long-term work in the United States.
Where O-1, EB-1A and E-2 → EB-2/NIW fit into the picture
O-1 effectively functions as a flexible temporary platform for people with significant achievements who are still building a full immigrant case. It allows them to live and work in the U.S. while strengthening the record for EB-2 NIW and EB-1A.
EB-1A is, for strong candidates, the main alternative to NIW. With a well-prepared file, EB-1A timelines and approval rates may be more favorable than NIW, and long-term impact of Visa Bulletin retrogression can be softer. However, the bar is higher: a weak EB-1A filing risks denials or prolonged RFEs.
E-2 → EB-2/NIW is relevant for nationals of treaty countries. E-2 allows founders and investors to build a live track record of U.S. business and national-interest impact, later converting that record into a stronger NIW or EB-1A case. In that scenario, longer NIW timelines are less painful because the person is already in the U.S. in lawful status.
FAQ “panic breaker”: how to work with EB-2 NIW in a backlog environment
Should I file an EB-2 NIW petition in 2025 or wait for “better times”? +
Historical practice shows that conditions for employment-based immigration change regularly: fees are adjusted, evidentiary standards evolve, processing times fluctuate. There is no guarantee that a later year will be more favourable in terms of timing or requirements.
If your profile is already strong enough for NIW, filing in the near term usually protects your priority date and secures your place in the queue under current rules. If the case is clearly underdeveloped, it is often more sensible to invest time into strengthening evidence (independent recognition, impact, national-interest narrative) and then file with a more robust package.
Does premium processing for EB-2 NIW truly speed things up? +
Premium processing expedites only the I-140 stage. USCIS commits to issue a decision (approval, denial or RFE) within 45 calendar days. This significantly reduces uncertainty around the petition itself and clarifies your next steps.
At the same time, premium processing does not affect:
- movement of EB-2 dates in the Visa Bulletin;
- processing of Form I-485 or consular immigrant visa stages;
- overall annual numerical limits for EB-2.
In practice, premium is best viewed as a tool for time management at the I-140 step, not as a shortcut to a green card. It is especially useful if you anticipate changes of status, employer, or country of residence and need clarity on the underlying immigrant petition.
Can EB-2 NIW be combined with EB-1A, PERM-based EB-2 / EB-3 and O-1 status? +
In general, parallel immigrant and nonimmigrant tracks are permissible, provided that each petition and status independently meets the legal requirements. A single applicant may have multiple pending I-140s and hold a nonimmigrant status (for example H-1B or O-1) at the same time.
Typical 2025 configurations include:
- EB-2 NIW + EB-1A. NIW secures the priority date and provides a “safety net”, while EB-1A is pursued as a potentially faster, but more demanding category.
- EB-2 NIW + PERM → EB-2 / EB-3. The employer follows the PERM route, and the applicant pursues NIW in parallel to reduce dependency on a single employer.
- O-1 + EB-2 NIW / EB-1A. O-1 serves as a flexible working platform in the U.S. while immigrant petitions are prepared and filed.
The exact combination of tracks should be coordinated carefully: timing, intent issues and status changes need to be aligned. Because of this, an individual strategy with experienced counsel is strongly recommended for multi-track planning.
What if my NIW petition has been pending longer than the timeframe shown by USCIS? +
The first step is to compare your I-140 receipt date with the current processing-time figure for the relevant service center on the USCIS website. If your case is significantly older than the “80% of cases” benchmark, it may qualify for a service request.
In practice, applicants and attorneys may consider:
- an online service request through a USCIS account;
- assistance from a congressional office or the CIS Ombudsman in cases of clear, prolonged delay;
- for exceptionally long and unexplained delays, an assessment of possible litigation strategies, including a mandamus action.
Any “forceful” step should be weighed carefully: it is important to evaluate potential effects on the relationship with USCIS and on other pending or future petitions before taking action.
- By late 2025, EB-2 NIW I-140 processing times around 18–20 months and a backlog in the tens of thousands of cases have become the new normal.
- For most Rest-of-World applicants, NIW remains a solid route, provided that the underlying profile and status planning can support a 2–3-year horizon.
- For India and China, EB-1A, PERM-based strategies and combined tracks often play a central role, with NIW serving as one of several parallel options.
- Premium processing is valuable for controlling timing at the I-140 stage, but it does not solve Visa Bulletin backlogs or annual quota limits.
- The more complex the environment becomes, the more value there is in data-driven analysis of USCIS statistics and an individual, scenario-based plan instead of one-size-fits-all recipes.
Primary data and analytical sources
This overview is based on official USCIS publications and public analytical materials tracking EB-2 NIW trends in 2023–2025:
- USCIS — Case Processing Times (Form I-140, EB-2 NIW)
- USCIS — Form I-140, Immigrant Petition for Alien Workers (form description and related data)
- USCIS — Form I-140 Data FY2025 Q3 (receipts, approvals, denials and pending inventory)
- USCIS — Employment-Based Immigration: Second Preference EB-2 (including NIW)
- Manifest Law — updated EB-2 NIW processing time and premium-processing analysis
- Independent analysis of EB-2 NIW approval rates and backlog based on USCIS FY2025 Q3 data
- Reddit r/EB2_NIW — practitioner discussion of the jump in NIW processing times to ~19.5 months
These sources provide a quantitative background for the trends discussed above. Any individual case, however, should be evaluated on its own facts, taking into account personal circumstances, risk tolerance and long-term professional plans in the United States.
