This annual refresh reviews whether priority date timing improved in the employment-based categories and what that means for professionals planning their next step. Compared with last month and last year, movement is modestly positive for many categories, with notable differences by country of chargeability.
- What moved: Gradual forward movement in EB-2 (including NIW) and selective gains in EB-3; EB-1 remains favorable for most chargeability areas.
- What stalled: Some Final Action Dates (FAD) remain tight for India and China, especially in high-demand categories.
- Who benefits: U.S.-based applicants may benefit from Dates for Filing (DFF)-based AOS windows when authorized; abroad applicants track embassy scheduling aligned to FAD.
Top risks: Retrogression remains possible later in the fiscal year if demand spikes; early, complete filings help mitigate delays.
How the Visa Bulletin Works (Short & Clear)
Final Action Dates (FAD): When a green card can be approved.
Dates for Filing (DFF): When an applicant may submit an AOS package; approval waits until FAD becomes current.
AOS vs Consular: AOS timing depends on USCIS’s monthly choice of DFF or FAD; consular processing follows State Department scheduling tied to the bulletin.
What Changed This Month (October 2025 vs. September 2025)
EB-1 (including EB-1A & EB-1C)
Trend: EB-1 remains strong for most areas. China shows incremental relief; India is flatter on EB-1 final action dates.
Implication: For many candidates, EB-1A remains the fastest route when evidence meets the standard. EB-1C depends on robust corporate documentation.
Next step: If your EB-1A or EB-1C priority date falls within DFF, prepare I-485 packets to capture the filing window.
EB-2 (Focus on NIW)
Trend: Forward movement month-over-month in several chargeability areas.
Implication: Strong profiles (advanced degree / exceptional ability + national-interest plan) can often file NIW earlier via DFF, gaining EAD/AP benefits.
Next step: Compile a clear NIW plan (problem, solution, U.S. impact), citations, patents, and leadership evidence.
EB-3 (Skilled / Professional)
Trend: Mixed progress.
Implication: In some areas, EB-3 may move faster than EB-2, enabling “upgrade/downgrade” strategy discussions.
Next step: Review PERM role classification and consider parallel EB-2 NIW or EB-1A paths.
EB-1C (Managers / Executives)
Trend: Mirroring EB-1 generally. When DFF is open, many L-1A managers can file AOS even if FAD isn’t yet current.
Next step: Prepare org charts, payroll records, and managerial documentation.
Year-Over-Year Check (October 2025 vs. October 2024)
Relative to October 2024, EB-2 and parts of EB-3 show gradual forward movement, while EB-1 remains favorable for most non-oversubscribed countries.
Strategy takeaway:
Use a dual-track approach — file EB-2 NIW when within DFF to secure AOS benefits, while building EB-1A-level evidence for potential faster movement.
AOS vs Consular: Which Path Fits You?
When AOS Makes Sense (Inside U.S.):
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You maintain valid status (F-1, H-1B, J-1 after waiver).
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PD is within DFF when USCIS authorizes it.
When Consular May Be Faster (Outside U.S.):
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You reside abroad or cannot maintain status; embassy scheduling depends on FAD and local post capacity.
Mini Decision Framework:
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Check both charts (DFF + FAD).
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Confirm USCIS’s chart selection.
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Choose sequencing: concurrent I-140/I-485 if eligible.
Risk Watch: Retrogression & Demand Spikes
Why it happens: Visa numbers are capped; if usage exceeds supply, cut-offs retrogress.
Mitigation checklist:
✔ Prepare I-485 and medicals early.
✔ Monitor monthly bulletins and USCIS chart selections.
✔ Use cross-chargeability if spouse’s country is advantageous.
✔ File concurrently when possible for EAD/AP benefits.
EB-2 NIW vs EB-1A: Which Is Smarter Right Now?
EB-1A: Sustained acclaim — top percentage in your field.
EB-2 NIW: Advanced degree/exceptional ability + national interest plan.
Scenarios:
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Researcher: File NIW now; build EB-1A evidence.
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Engineer: NIW for earlier filing; EB-1A when industry influence grows.
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Startup Founder: NIW with commercialization roadmap; EB-1A once traction proves sustained acclaim.
Timing & Family Strategy (EB-1C / L-1)
Dependents: AOS provides EAD & Advance Parole for spouses/children.
Travel: Post-filing travel needs Advance Parole (unless maintaining H/L status).
Preparation: Have all corporate and civil documents ready.
Action Plan (Quick Recap)
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Verify your priority date on Visa Bulletin October 2025.
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If within DFF → prepare I-485 and supporting docs.
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Draft your NIW plan or strengthen EB-1A evidence.
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Evaluate AOS vs Consular paths.
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Consider dual-track if possible.
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Set monthly alerts for new bulletins.
✅ Take the Next Step with Kameli Law
If your EB-1, EB-2 NIW, or EB-3 priority date is getting close, don’t wait until the next retrogression.
Our attorneys can help you file strategically and on time.
