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 for 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.
EB-1 Processing Time and Steps
The EB-1 green card application involves various steps that contribute to the overall processing time, depending on the subcategory you are pursuing. Overall, the EB-1 processing time according to USCIS data is ~8 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. The median processing time for this stage is around 8 months
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.
Note About Processing Centers
Case status checks are available for applicants online. The online application provides applicants with a better determination 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 10 months. However, VisaNation attorneys advise clients to be aware that waiting for your priority date to be current can drastically increase the overall processing time if applicable to your case.
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. VisaNation attorneys advise that this method 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, 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.
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:
- Visa Application: Complete and submit a visa application (DS-260) and pay fees
- Schedule your medical appointment: This is with a certified panel physician assigned by the Department of State (NVC)
- Attend an interview: You will have a one-on-one interview at the U.S. embassy or consulate in your country of residence.
- 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.
VisaNation Tip:
While the overall processing time for these steps is largely dictated by appointment availability and workload at the embassy or consulate, your preparedness and ability to upload documents and required evidence is key to speeding up the process.
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 10 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 to 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 $2,805 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.
RFE and EB-1 Delays
One of the ways that your EB-1 processing time can be increased or delayed is because of 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. Our attorneys advise you to share your EB-1 RFE with a qualified specialist 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. 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!
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.
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:
|
|
Total EB-1 Applications Received |
Visas Approved |
Visas Denied |
Application pending |
Approval Rate |
Denial Rate |
Decision Pending |
|
First Preference (EB1) |
41,166 |
31,341 |
5,370 |
4,455 |
76% |
13% |
10.8% |
|
Extraordinary Ability |
20,166 |
12,231 |
4,703 |
3,232 |
60.6% |
23.3% |
16.% |
|
Outstanding Professior or Researcher |
5,443 |
4,606 |
95 |
742 |
84.6% |
1.8% |
13.6% |
|
Multi-National Executive or Manager |
15,557 |
14,504 |
572 |
481 |
93.2% |
3.7% |
3.09% |
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).
How an 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.