EB-1 Rules Changing 2026

Proposed Rule Details: The Urgent Call to Action

The United States Citizenship and Immigration Services (USCIS), under the Department of Homeland Security (DHS), will release a game-changing Notice of Proposed Rulemaking (NPRM) titled “Petition for Immigrant Worker Reforms” (RIN 1615-AC85) in January 2026. This marks the biggest update in years to EB-1, EB-2 (including National Interest Waiver or NIW), and EB-3 employment-based green card rules.

Modernizing Evidence & STEM Innovation

The rule modernizes evidence standards for modern STEM fields like artificial intelligence, biotechnology, and engineering. It may accept non-traditional proof such as patents, startup impact, or societal contributions—while turning scattered internal guidance into binding regulations for fair adjudication, stronger fraud detection, and credential verification.

The Burning Platform for Indian H-1B Holders

For Indian STEM professionals on H-1B visas with EB-2 petitions trapped in retrogression, this is a burning platform. Stricter thresholds loom for EB-1A extraordinary ability and EB-2 NIW after 2026, alongside rising denial rates and new H-1B restrictions. No changes apply yet, but the signal screams urgency—especially if you’ve waited 3-4+ years on EB-2 (priority dates before ~2021-2022). Porting your PD to an approved EB-1A unlocks immediate green card adjustment under India’s current EB-1 Final Action Date of February 15, 2022 (November 2025 Visa Bulletin), bypassing endless backlogs and future obstacles.
This report, crafted for your journey, uses the latest regulatory agendas, Visa Bulletin data, and expert insights to decode the proposal, its risks, and proven strategies to lock in your U.S. future before the window closes. As of October 26, 2025, with over a million in queues (mostly Indians and Chinese), act now—your expertise powers America’s lead; secure it today.

Employment-Based Green Cards for Indian STEM Professionals

EB-2 Backlogs & Per-Country Caps

Indian H-1B holders in STEM usually target EB-2 for advanced degrees or exceptional ability. Yet per-country caps (7% limit) create brutal delays—EB-2 Final Action for India sits at April 1, 2013, in the November 2025 Bulletin. Post-2013 PDs face 12+ year waits, H-1B renewal stress, and family risks like CSPA child aging out.
FY2025 offered ~165,000 slots, but India’s share vanished fast; EB-2 approvals fell to 54% in Q3 amid intense scrutiny. EB-3 mirrors this, with Final Action at August 22, 2013, and Dates for Filing at August 15, 2014—useful for PD-porting downgrades when strategic.

EB-2 NIW vs EB-1A: Key Differences

EB-2 NIW allows self-petitioning without labor certification for national interest work (e.g., semiconductor breakthroughs), granting job flexibility but no backlog relief—no line-jumping. EB-1A excels for extraordinary talent: self-petition, no job offer, with India’s Dates for Filing at April 15, 2023—often current for recent PDs, cutting waits sharply.
Recent USCIS updates, like October 2024 team award recognition, strengthen evidence, but gaps remain.

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
3. Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.