News & Reports - August 2026

USCIS Employment‑Based Adjustment of Status Inventory

The August 2026 report, based on May 2026 USCIS data - translated from raw government data into plain language for EB‑1A, EB‑2 NIW, and O‑1 self‑petitioners and everyone tracking their I‑485.

Data as of May 6, 2026 | Published August 10, 2026
Source: USCIS / CLAIMS 3 & ELIS
EB‑1A · EB‑2 NIW · O‑1 · I‑140 Holders

Inventory Snapshot - May 2026

Total pending available I‑485 applications as of May 6, 2026
EB‑1 · All Countries
45,614
Total available I‑485s in EB‑1 - includes EB‑1A extraordinary ability filers
EB‑2 · All Countries
42,567
Total available I‑485s in EB‑2 - includes NIW self-petitioners across all nationalities
EB‑3 · All Countries
19,436
Total available I‑485s in EB‑3 third preference category
India EB‑2 · Full Backlog
28,179
Available + awaiting - the most congested single-country queue in U.S. immigration
Before You Dive In
How to Read This Report
1
Find Your Country
Your “country of chargeability” is your country of birth, not citizenship. Data is split into: Rest of World, India, China, Mexico, and Philippines - each has a separate annual visa limit.
2
Find Your Category
EB‑1 = First Preference (includes EB‑1A extraordinary ability). EB‑2 = Second Preference (includes EB‑2 NIW). EB‑3 = Third Preference. Match to one based on your petition type.
3
Find Your Priority Year
Your priority date is typically when your I‑140 was filed. Find that year’s column - the number is how many people are ahead of you with that same filing year.
4
Understand the Two Statuses
“Available” = visa numbers released, cases can be approved now. “Awaiting Availability” = filed, but the priority date isn’t current yet - cannot yet be approved.
Quick Reference - Key Terms
D
SuppressedFewer than 10 cases - withheld for privacy. Not zero.
I-485
Adjustment of StatusGreen card application filed in the U.S. This whole report counts I‑485s only.
I-140
Immigrant PetitionThe underlying petition that establishes your priority date.
NIW
National Interest WaiverSelf-petition under EB‑2. No job offer required. What most MyEB2NIW clients pursue.
AC21
Job PortabilityChange employers after 180 days I‑485 pending while keeping your priority date.
ROW
Rest of WorldAll countries except India, China, Mexico, Philippines - those four have separate caps.
Important: This report covers USCIS inventory only - I‑485 applications already filed. It does not include the State Department consular pipeline, pending I‑140 petitions, or DOL PERM backlogs. The true queue is larger.
Analysis
Dr. Ozi's Read on the May 2026 USCIS Data
O
Dr. Ozi
Founder, MyEB2NIW LLC

The May 2026 data tells a story of two very different immigration experiences depending on where you were born. For India-born EB-2 applicants, the situation has shifted but not improved: the 2015 cohort has largely cleared, and the queue is now concentrated almost entirely in 2013 and 2014 priority dates, with over 11,400 cases awaiting availability in 2014 alone. That is still a decade-long structural wait, and no petition strategy changes that reality.

What has changed meaningfully is that the India EB-1 queue continues to hold in the 2022 and 2023 vintages, with 7,344 and 1,981 cases respectively. For India-born applicants who can demonstrate extraordinary ability, EB-1A remains the clearest path around the EB-2 backlog. If you are preparing a petition and you are India-born, this data is your strongest argument for why you should be talking to us about EB-1A before you file anything under EB-2.

For Rest of World applicants, the 2024 cohort is now the largest in the EB-2 queue at 17,660 cases, and the 2025 cohort has grown to 5,176. If you filed in 2024 or 2025, you are competing with the largest group of filers in the system right now. That does not mean long waits - ROW dates remain broadly current - but it does mean processing time matters more than ever. China EB-1 filers should pay particular attention: 2024 dates have moved to awaiting availability, which is an early signal of retrogression pressure building in that category.

EB‑1 + EB‑2 Pending Queue by Country & Year

Explore how many cases are in each priority date vintage for each country of chargeability.

Pending Available I‑485 Applications by Priority Date Year
Each bar shows how many pending cases have priority dates in that year. Larger = more people in line from that vintage.

What This Means For Your Situation

Tailored takeaways by applicant type - your situation may overlap more than one category.

EB‑1A Self-Petitioners · All Countries

EB‑1 is current for most nationalities - no wait for a visa number once your I‑140 is approved. ROW EB‑1 peaks in 2024–2025, meaning competition is heaviest among recent filers.

India EB‑1 has a notable 2023 cohort (2,743 cases) and 5,478 awaiting availability. For India-born applicants, EB‑1A avoids the EB‑2 backlog entirely.

EB‑2 NIW · Rest of World Filers

ROW EB‑2 has a significant 2023 cohort (11,941 cases) and 17,086 with 2024 priority dates in the available queue. If you filed in 2023 or 2024, you are in the most populated vintage.

The 2025 cohort is smaller (2,204 cases) - recent filers may advance more quickly. Processing time, not queue depth, is your main variable.

India-Born EB‑2 NIW Filers · Critical

India EB‑2 has its own USCIS sheet going back to 2006. Cases from 2013–2014 are still pending - a structural, decade-plus wait tied to the per-country cap, not petition quality.

8,954 cases in 2014–2015 are still awaiting availability. Evaluate EB‑1A qualification before filing EB‑2 - it is almost always the faster path.

I‑140 Holders · AC21 Portability

If your I‑485 has been pending 180+ days, you can change employers under AC21 while preserving your original priority date. For India EB‑2 filers, that priority date is often your most valuable asset.

Use this inventory to quantify what’s ahead of you, then combine it with the Visa Bulletin for the full picture.

China-Born EB‑1 Filers

China EB‑1’s largest available cohort is 2023 (1,435 cases), with 3,012 awaiting. Dates have stayed relatively current, but the growing 2023 cohort signals retrogression risk ahead.

China EB‑2 cleared through 2021 - a meaningful position advantage for 2021 filers.

Mexico & Philippines Filers

Manageable queues in EB‑1 and EB‑2, concentrated in 2024–2025. Mexico EB‑2 has an unusual 2023 spike (575 cases). Philippines EB‑1 is very thin - minimal wait expected.

EB‑3 is more congested in both - Philippines EB‑3 carries 649 cases in 2023 alone.

Month-by-Month Queue Data

Raw USCIS data broken out by priority date month and year. Select your country, category, and visa status.

MonthPrior Yrs2017201820192020202120222023202420252026Row Total

“D” = suppressed by USCIS (fewer than 10 cases). “-” = zero. Row Total excludes suppressed cells.

India EB‑2 Deep Dive - The Decade-Long Backlog

The only category with a dedicated USCIS sheet going back to 2006 - a structural backlog built into the per-country annual cap.

Why This Chart Looks the Way It Does

India EB‑2 receives the same per-country annual visa allocation as every other country, but generates far more petitions. No amount of preparation or petition strength can overcome a per-country cap. The 2014 cohort is now the largest active backlog with over 11,400 cases awaiting availability. Cases from 2013 are still processing. Some of these applicants filed their I-485 a decade ago.

India EB‑2: Pending Available Cases by Priority Date Year (2006–2025)
Available (green) = cases USCIS can approve now. Awaiting (gold) = filed but priority date not yet current. Note the 2014 awaiting spike: over 11,400 cases still waiting.

Key Terms Glossary

Precise definitions for the USCIS terminology used throughout this report.

Priority Date
The date your I‑140 was filed (or PERM accepted by DOL). This single date determines your entire position in the green card queue.
I‑485 (Adjustment of Status)
The green card application filed while remaining in the U.S. This report counts I‑485s only - not consular cases processed abroad.
Available
Cases whose priority date is current in the Visa Bulletin - a visa number has been allocated and USCIS can actively process the application.
Awaiting Availability
Filed but priority date not yet current. Applicants may have filed on a “filing date” basis but cannot yet receive final approval.
Country of Chargeability
Determined by country of birth, not citizenship. An India-born applicant with French citizenship is still charged to the India quota.
“D” (Suppressed)
USCIS withholds exact counts below 10 for privacy. “D” is not zero - a small nonzero number of cases exist in that cell.
EB‑1A - Extraordinary Ability
Self-petition with no employer sponsor, no job offer, and no labor certification. Generally current for most countries - the fastest path for India-born applicants.
EB‑2 NIW
National Interest Waiver under EB‑2. Self-petition - no job offer or labor certification required. Governed by the Matter of Dhanasar three-prong test.
AC21 Portability
Allows I‑485 filers (pending 180+ days) to change employers while keeping their original priority date, for the same or similar occupational classification.
ROW (Rest of World)
All countries except India, China, Mexico, and Philippines. Those four have separate per-country annual caps; everyone else is grouped as ROW.

Ready to Build Your Case?

We’ll help you understand your options - EB‑2 NIW, EB‑1A, or building toward either - based on where you actually stand in this data.