EB-1 Processing Time

EB-1 Processing Times

EB1 Processing Time_ SGM Law GroupAs with most employment-based immigration cases, the processing time to obtain an EB1 Green Card typically depends on the applicant’s ability to complete the required documentation accurately. Unfortunately, a lot of documentation can be filled out incorrectly or submitted to the wrong location.

This will extend EB-1 processing time and could risk filing past due dates. The processing time also greatly depends on how quickly the government (USCIS) is able to process the applicant’s material. The following is an outline of EB1 processing times. To receive the most accurate information it’s advised to contact one of our EB1 green card lawyers or an immigration professional.

If you are considering applying for an employment green card, be sure to check out the comparison of EB-1 and EB-2 categories.

Applicants for the EB-1 category shall file an I-140 Immigrant Petition and supporting evidence with the appropriate service center. Processing times vary between the different service centers where the immigration petition and supporting documents may be filed.

Filing times vary based on whether the applicant shall be filing hard copies or whether the application shall be e-filed and ultimately whether the applicant will be requesting premium processing.

E-filing the application and supporting documents will allow USCIS to automatically reroute the documents to the appropriate service center based on the applicant’s intended state of employment.

On average, the Nebraska Service Center (NSC) and the Texas Service Center (TSC) have similar processing times; however, the NSC is known for delayed processing times.

Unfortunately, applicants cannot choose service centers as USCIS has predetermined filing locations dependent on the applicant’s intended state of employment and the jurisdiction of the service centers. Information pertaining to the appropriate processing facility can be found at the USCIS website.

The USCIS reports the most current EB-1 processing times. Generally, the government processing time for the EB-1 Visa is about 8 months. Once the EB-1 has been approved, the government takes about 6 months to issue permanent residence.

These times are only available if the EB-1 category is current. Applicants can check category status at the DOS Visa Bulletin. If the EB-1 category is not current, there will be an extended amount of time to receive visa numbers.  Again, these times are just estimates.

If the applicant incurs any delays with applications or misfiling, this process will be prolonged. Case status checks are available for applicants online. The online application provides applicants a better determinant for case specific processing.

EB-1 Advantages

There are a number of privileges you receive while on an EB-1 immigrant visa including:

  • Ability to live and work in the U.S.
  • Ability to travel freely in or out of the U.S.
  • Option to apply for dependent visas for your spouse or unmarried children

Labor Certification

A labor certification is required in many visa cases by the Department of Labor (DOL) to ensure that there are no U.S. workers who are willing and able to fill the position. Labor certifications are not required for the EB1 visa but are necessary for EB2 and EB3 visa applications unless the EB2 applicant is applying for an NIW.

Have you received a PERM Labor Certificate Audit?  Consult one of our EB1 lawyers to learn more about the proper procedures for responding.

EB1 Premium Processing

Receiving an approval for your Extraordinary Ability petition via form I-140 can take up to six months from the time of filing with USCIS. Since this processing time may vary depending on the regional service center’s caseload you might want to consider premium processing.

This service shortens the processing decision down to 15 calendar days. However, there is an additional $1,225 fee for selecting this option. Depending on your case, it may be wise to select this option.

Which EB1 Visas Qualify? 

EB1 visas that are allowed to receive premium processing services include extraordinary abilities as well as the outstanding professors and researchers visa.

It’s necessary to note that multinational executives and managers are not able to receive premium processing and the NIW visa (EB2) cannot receive premium processing. To get a better indication whether or not your case qualifies for premium processing it’s best to contact an EB1 green card lawyer.

How Our EB1 Green Card Lawyers Can Help

  • Our Fort Lauderdale immigration lawyers specialize in employment based cases. We thoroughly evaluate your qualifications and the supplementary documentation to determine whether you satisfy the requirements for EB-1 Extraordinary Ability Green Card.
  • Want the best chance of acquiring a green card? Our EB-1 Lawyers can help you come up with a great strategy to highlight your specific qualifications and accomplishments.
  • Don’t worry about preparing a petition, we’ll take care of all the details on your behalf. We’ll make sure it methodically demonstrates that your professional background and experience meet the criteria for EB-1 green card.
  • Our immigration lawyers have extensive experience in EB-1 cases and offer extensive consultations. We ensure that all the required and supplementary documentation is complete and free of errors so that no unnecessary delays will occur.

EB1 Related Pages