EB-1 Processing Time in 2025

The EB-1 is the most prestigious employment-based green card available. Its main advantage is that the wait time is usually much shorter than other green cards. Because the processing time depends on many factors, including application volume, USCIS workload, country of origin, and documentation, it is essential to know what may cause delays for your EB-1.

Policy Update- On September 12, 2023 USCIS updated the manual to offer clarifying guidance on examples of evidence that may satisfy the relevant criteria for employment first-based preference applicants, as well as how USCIS officers evaluate the totality of the evidence for eligibility. See the complete details in this EB-1 policy update post.

EB-1 Processing Time and Steps

The EB-1 green card application involves various steps that will amount to the overall processing time, depending on the subcategory you are pursuing. Overall, the EB-1 processing time according to USCIS data is 7 months, but it can exceed this time due to processing center backlogs.

If you qualify for the EB-1A for extraordinary ability, you can self-petition for your visa, meaning you don’t need a job offer from a U.S. employer. You must first get an employer willing to sponsor your visa for the other two categories.

Whether you have a sponsoring employer or are self-petitioning, the next step will be filing the I-140. Filing times vary based on whether the applicant files hard copies or e-filing. In addition, the filing time is significantly reduced if the applicant chooses premium processing.

I-140 Petition for Immigrant Workers

For all EB-1 visa applications, the first step is for the petitioner to file an I-140 Petition for Immigrant Workers with supporting evidence. Processing times vary between the service centers processing the case:

Key information

• If filed by an employer, the I-140 petition must demonstrate the employer’s ability to pay you the agreed wage as of the priority date of the I-140.
• In most cases, the Priority Date is the date you submit your I-140 petition to USCIS. Alternatively, if you had an earlier I-140 approved, you might be able to use that earlier date for a new I-140 application.
• Premium processing is available, and there is no required interview for the I-140.
• If available, 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 where the worksite resides. Once your EB1 petition is approved and your priority date is current, it can take 20-30 months for your green card petition to be approved.

Note About Processing Centers

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 about the appropriate processing facility can be found on the USCIS website. This process will be prolonged if the applicant incurs any delays with applications or misfiling.

Case status checks are available for applicants online. The online application provides applicants with a better determinant for case-specific processing. For those who are visual learners, take a look at this short but helpful video!

Form I-485 Register Permanent Residence

Known as an Application to Register Permanent Residence or Adjust Status, the I-485 is the next line of action after the I-140 petition approval if the beneficiary is in the United States. This means you have been in the U.S. under a qualifying nonimmigrant status and are applying to adjust to permanent resident status without having to depart the U.S.

Only when the priority date becomes current can an I-485 petition be filed with USCIS. According to USCIS, 80% of cases are processed within 13 months, but as we’ll see later in this article, waiting for the priority date to be current can drastically change the overall processing time.

Recommended read: EB-1 Green Card vs NIW All Key Differences Explained

EB-1 Green Card Concurrent Filing

Concurrent filing is submitting both the I-140 and I-485 forms together to USCIS to be adjudicated simultaneously. It is one of the most practical ways to shorten the overall processing time for the EB-1 green card.

To be eligible for concurrent filing of your I-140 and I-485 forms, your priority date must be “current.” This means that a visa number is available, and you can file for an adjustment of status. With this opportunity, you will significantly reduce the overall processing time.

You can check the latest Visa Bulletin for updates. As of April 2025, most countries, including Mexico and the Philippines, have current ‘ priority dates, while India’s wait time is just over three years, and China’s is two years and four months.

EB-1 Green Card Consular Processing

If you are outside the U.S., the EB-1 green card process will be different. After USCIS approves your I-140 form, you will undergo NVC consular processing in your home country.

NVC Consular Processing steps:

1. Visa Application: Complete and submit a visa application (DS-260) and pay fees
2. Schedule your medical appointment: This is with a certified panel physician assigned by the Department of State (NVC)
3. Attend an interview: You will have a one-on-one interview at the U.S. embassy or consulate in your country of residence.
4. Travel Visa Issued: After a successful immigration interview, you will be issued a visa to travel to the U.S. and receive your green card in the mail after entry.

The overall processing time for these steps will depend on the appointment availability and workload at the embassy or consulate, and your preparedness.

EB-1 Subcategories

This first preference level is broken down into three subcategories:

EB-1A: For Foreign Nationals who can demonstrate that they have an Extraordinary Ability

To qualify for the EB-1A green card, you must show extraordinary ability in:

• Science
• Art
• Athletics
• Business
• Education
• Television
• or motion picture industries.

It is the most prestigious of the three subcategories, and requires substantial evidence demonstrating sustained acclaim and recognition as an individual at the very top of the qualifying field, such as:

• Publications in major media
• Membership in professional associations
• and awards for your extraordinary achievements.

Did you know that there are less common or “unusual” criteria that can be used to satisfy at least 3 of the 10 listed criteria for demonstrating “extraordinary ability? Read our guide on Unusual Criteria for EB-1A Petitions.

EB-1B: For Outstanding Researchers and Professors

Regarding prestige and requirements, the EB-1B green card is next to the EB-1A. You must demonstrate international recognition for your outstanding achievements in your academic field and have at least three years of experience researching and teaching in that field. Your reason for coming to the United States must also be to teach or research in the same or similar position at an institution of higher education or research. Alternatively, a private employer with sufficient ties to research and education may be a suitable employer.

EB-1C: For Multinational Executives and Managers

To be eligible for an EB-1C green card, you must have been employed by a foreign organization full-time for at least one full year in the three years preceding your qualified entry into the U.S. Also, the U.S. organization you will work for must have a qualifying working relationship with the foreign organization for at least one year and be ready to employ you in an executive or managerial role in the U.S.

Keep in mind that the processing time for all three of these subcategories is ostensibly the same. However, based on your eligibility level for the green card you are pursuing, the approval process may take more or less time. Your immigration attorney can better assess your particular situation.

As with most employment-based immigration cases, the processing time to obtain an EB-1 green card typically depends on the applicant’s ability to complete the required documentation accurately. Unfortunately, a common mistake is filling out the documentation incorrectly or submitting it to the wrong location.

This will extend your EB-1 processing time and could risk filing past due dates. The processing time depends significantly on how quickly the government (USCIS) can process the applicant’s material. However, you can speak with your green card attorney to determine whether or not EB-1C premium processing can help you speed up your case. This was previously not an option for EB-1C multinational executives and managers but is now available for this classification.

As we’ll discuss, premium processing does not increase your chances of getting approval. It only expedites the adjudication process. To receive the most accurate information, please get in touch with an EB-1 green card lawyer at VisaNation Law Group or an experienced immigration law 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.

EB-1 Advantages

While qualifying for an EB-1 can be difficult and requires above-average qualifications, the benefits are well worth it. There are several privileges you receive with an approved EB-1 immigrant visa, including:

* Decreased waiting times for priority dates
* EB-1A does not require an employer to sponsor them, meaning they can self-sponsor
* Ability to live, travel, and work in the U.S. with a concurrent green card application

It is important to note that these advantages also tend to accompany increased scrutiny of your case. To ensure that you have the best chance for approval in the fastest way possible, consult with your immigration attorney.

You may want to consider a lower preference level if you do not qualify for an EB-1 green card. While the waiting time might be longer, they allow you to live, work, and travel in and out of the U.S. and apply for visas and green cards for family members.

Recommended read: EB-1 Cost Complete Guide.

How Do Priority Dates Work for EB-1 Visa?

For most green cards, the priority date is the most significant factor in processing time. Most green cards are subject to the priority date system, so it is essential to be familiar with it before beginning your EB-1 journey.

Your EB-1 priority date is personal to your case and the date the USCIS receives your EB-1 petition. This date does not change and should be written down.

The Department of State releases a monthly visa bulletin listing the “final action dates” for each green card and country of origin. The final action date moves monthly according to how many people from each country apply for the same green card. Because each green card has an annual limit, the relative number of petitions will determine if the final action date goes forward, stands still, or retrogresses (moves backward).

For example, if the number of Indian petitions for the EB-1 is lower than the annual limit, then the final action date will move forward. If the number of petitions is equal to the limit, then the date will not move. If there are more petitions than the limit allows, then the final action date will retrogress.

You need to monitor these bulletins to see how your priority date matches the final action date in your category. This can take anywhere from no time to upwards of a few years with EB-1 Visas. Applicants from countries with large populations, such as China and India, should expect a more extended EB-1 priority date waiting time.

In contrast, due to less demand, most countries benefit from current priority dates. With a current priority date, you can move to the next step, filing for adjustment. When current, a visa will become available, and you can move on to the next step of the EB-1 process, which is the green card application and approval.

It is important to note that there is no difference between the EB-1A, EB-1B, or EB-1C final action dates, as the Department of State makes no distinction and gives one final action date for all EB-1 green cards.

Remember that premium processing may benefit you if your EB-1A or EB-1B priority date is current, since these green cards allow this option. Keep reading to learn more about how premium processing can speed up your EB-1 processing time.

Why Is the EB-1 Processing Time Longer for India?

This is a question we often get, as it can often seem that foreign nationals from India are forced to wait much longer than applicants from other countries. Some suspect that there are hidden nationalistic or discriminatory agendas at play, but the reality is much simpler.

A limited number of green cards can be issued to a particular country for a specific category in one year. For employment-based green cards, there are only 140,000 issued annually. This leaves fewer than 30,000 for any one chargeability area (country or group of countries) and is further broken down based on the type of green card.

Because of this, countries with tens of thousands of applicants pursuing green cards in the United States will regularly exceed the annual limit. In contrast, countries with far fewer applicants will be less likely to reach the limit.

Suppose the limit is exceeded for a particular green card category and country (for example, the EB-1 for India). In that case, the final action date will either not see any movement or retrogress, causing much longer waiting times for applicants from those countries. This is a backlog, which is currently building up in the EB-1 category. Other countries (for example, Japan) have far fewer applicants, so the annual limit is never reached for any particular green card category, causing their dates to move forward more rapidly or remain current.

Therefore, India’s overall green card processing time will likely be longer than other countries if they continue to oversubscribe their green card categories. There may be legislation in the future that expands or eliminates the limit, but for now, the limit remains the same, which means that applicants from India will have longer EB-1 processing times. The above example also applies to China, which has a similar but less severe backlog issue.

Adjustment of Status vs. Consular Processing

Adjustment of Status

Once your priority date is current, two options may be available depending on whether you are in the U.S. under a valid nonimmigrant status or outside the U.S., likely in your home country or current country of residence.

If you already live in the country through a nonimmigrant visa, you can apply for an adjustment of status. With an adjustment of status, you can file an I-485 application. If filed separately, this form will add about 13 months to your EB-1 processing time; premium processing is unavailable. However, a current priority date enables concurrent filing, meaning the I-140 and I-485 will be processed simultaneously.

If approved, your nonimmigrant status will be “adjusted” to immigrant status, and your green card will be issued in the mail soon afterward.

Consular Processing

If you are not in the U.S. or under a valid non-immigrant status, then you will not be able to adjust your status and must go through consular processing. This involves an appointment with a designated U.S. Consulate or Embassy in your home country.

At that appointment, you must participate in a one-on-one interview with a consular officer who will ask you questions to determine whether or not your EB-1 case is legitimate. If you pass this interview, your EB-1 green card will be attached in your passport and sent back to you in the mail.

EB-1 Premium Processing

Premium processing shortens the processing time to 15 business days or less. However, there is an additional $2,815 fee for selecting this option. Depending on your case, it may be wise to choose this option. Remember that this service does not increase your chances of having your petition approved. It only decreases the amount of time it takes for the USCIS to come to a decision.

However, keep in mind that the priority dates are not always current. If a backlog builds substantially (sometimes it can be years), getting premium processing will not decrease your waiting time. The USCIS may postpone adjudicating your petition until it gets closer to your priority date becoming current.

EB-1C Premium Processing Important Update

On May 24, 2022, USCIS announced that it would be extending the premium processing option to both EB-2 (with a National Interest Waiver) and the EB-1C for multinational executives or managers.

Also, USCIS stated that the usual 15 days allotted for premium processing was extended to 45 days for the EB-1C and EB-2 NIW (National Interest Waiver). It is still just 15 business days for all other applicable categories.

EB-1 Approval Rates

USCIS regularly publishes its approval rates for the various employment-based immigration categories. Below is a comprehensive chart showing how many petitions were received versus how many were approved or denied:

In 2024, USCIS received 41,166 I-140 petitions for the EB-1 category and approved 31,341 of them, resulting in an overall EB-1 green card approval rate of 76%.

EB-1A Approval Rate

Fortunately, USCIS publishes its I-140 petition approvals by category.

In 2024, USCIS received 20,166 I-140 petitions for the EB-1A category and approved 12,231 of them, resulting in an approval rate of 60.6%.

EB-1B Approval Rate

In 2024, USCIS received 5,443 I-140 petitions for the EB-1B category and approved 4,606 of them, resulting in an approval rate of 84.6%.

EB-1C Approval Rate

Lastly, we have the EB-1C.

In 2024, USCIS received 15,557 I-140 petitions for the EB-1C category and approved 14,504 of them, resulting in an approval rate of 93.2%.

Data source: https://www.uscis.gov/sites/default/files/document/data/i140_fy2024_q4.xlsx

PERM Labor Certification

A PERM Labor Certification is required in many visa cases by the Department of Labor (DOL) to ensure that no U.S. workers are willing and able to fill the position. However, labor certifications are not required for the EB-1 visa but are necessary for EB-2 and EB-3 visa applications unless the EB-2 applicant applies for an NIW (National Interest Waiver).

Have you received a PERM Labor Certificate Audit? Consult the green card lawyers at VisaNation Law Group to learn more about the proper response procedures.

EB-1 Processing Time Delays: RFE

One of the ways that your EB-1 processing time can be increased or delayed is through a USCIS Request for Evidence (or RFE). This happens when the officer evaluating your petition believes there is missing evidence in your petition. This can be as simple as a missing passport copy or more complicated, like proof of extraordinary ability for the EB-1A.

The USCIS will give you a list of evidence that is requested, as well as a window of time in which to respond. The first thing you should do is take your EB-1 RFE to your attorney to ensure that your response is adequate and timely. If not, there is a significant chance that your EB-1 petition will be rejected.

The USCIS may also send you a Notice of Intent to Deny (or NOID) if the situation is more serious than an RFE. With the latter, not responding with all of the required evidence may still result in a favorable outcome. However, not responding to a NOID precisely as requested will almost certainly result in denial. Both NOIDs and RFEs should be brought to an immigration attorney as soon as possible to ensure the best and most timely response to the USCIS.

Check out this L-1A to EB-1 Green Card Guide!

How a EB-1 Green Card Lawyer Can Help

The immigration lawyers at VisaNation Law Group specialize in employment-based cases. They thoroughly evaluate your qualifications and the supplementary documentation to determine whether you satisfy EB-1 Extraordinary Ability Green Card requirements.

Want the best chance of acquiring a green card? VisaNation Law Group’s EB-1 lawyers have filed hundreds of successful petitions and can help you develop a great strategy highlighting your qualifications and accomplishments.

They can take care of all the details on your behalf and ensure that your petition methodically demonstrates that your professional background and experience meet the criteria for an EB-1 green card.

VisaNation Law Group’s immigration lawyers have extensive experience in EB-1 cases and offer extensive consultations. They’ll ensure that all the required and supplementary documentation is complete and error-free to avoid unnecessary delays.