Must-Know Facts About the EB-1 Green Card Process
Must-Know Facts About the EB-1 Green Card
The EB-1 green card process involves multiple steps, with an average processing time of about seven months for applicants eligible for concurrent filing, according to USCIS data. Among its three subcategories, the EB-1A (Extraordinary Ability) allows for self-petitioning, while the EB-1B (Outstanding Professors and Researchers) and EB-1C (Multinational Executives and Managers) require employer sponsorship.
The process begins with the Form I-140 Immigrant Petition for Alien Workers, and the timeline varies depending on the USCIS service center and whether premium processing is selected. The EB-1 is widely considered the most prestigious employment-based green card because wait times are generally shorter than other categories. However, factors such as workload, application volume, country of origin, and documentation accuracy can cause delays.
Policy Update
On September 12, 2023, USCIS issued new guidance clarifying acceptable types of evidence for EB-1 petitions. The update also explains how USCIS officers evaluate the totality of the evidence to determine eligibility. You can review the full details in the official EB-1 policy update.
EB-1 Green Card Processing Time and Steps
While USCIS data suggests a 7-month average, actual processing times vary significantly depending on the subcategory, service center, and applicant circumstances. Delays can occur due to case backlogs or application errors.
- EB-1A (Extraordinary Ability): Allows self-petition; no U.S. employer is required.
- EB-1B and EB-1C: Require employer sponsorship.
Whether self-petitioning or employer-sponsored, the first major step is filing Form I-140. Applicants may file online or by hard copy, and premium processing is available to expedite decisions.
I-140 Petition for Immigrant Workers
The I-140 is the first required petition for all EB-1 applicants. Below are average processing times as reported by USCIS service centers:
Visa Type | Service Center | Average Processing Time |
EB-1A Extraordinary Ability | Nebraska | 14 months |
EB-1A Extraordinary Ability | Texas | 14.5 months |
EB-1B Outstanding Professor/Researcher | Nebraska | 15.5 months |
EB-1B Outstanding Professor/Researcher | Texas | 12.5 months |
EB-1C Multinational Executive/Manager | Nebraska | 14 months |
EB-1C Multinational Executive/Manager | Texas | 10 months |
Key Considerations
- If employer-sponsored, the petition must prove the employer’s ability to pay the offered wage.
- The priority date is usually the I-140 submission date, though previously approved I-140s may allow retention of an earlier date.
- Premium processing can significantly reduce wait times, though it does not guarantee approval.
- E-filing helps USCIS reroute cases to the correct service center more efficiently.
Once the I-140 is approved and the priority date is current, the green card approval timeline typically ranges from 20–30 months.
Notes on Processing Centers
The Nebraska (NSC) and Texas (TSC) centers handle most EB-1 petitions. While both have similar timelines, the Nebraska Service Center is known for longer delays. Applicants cannot choose their service center, as USCIS determines the appropriate location based on jurisdiction and employment state.
Applicants can monitor progress through the USCIS online case status tool for up-to-date case-specific timelines.
Form I-485: Application to Register Permanent Residence
For applicants already in the U.S. under valid nonimmigrant status, the Form I-485 is the next step after I-140 approval. This application adjusts status to permanent residence.
- The I-485 can only be filed once the priority date is current.
- USCIS reports that 80% of I-485 applications are processed within 13 months, though actual wait times depend heavily on visa availability.
EB-1 Green Card Concurrent Filing
Concurrent filing allows applicants to submit Form I-140 and Form I-485 together if the priority date is current. This is one of the fastest strategies to shorten overall EB-1 processing times.
- Applicants must confirm current visa numbers through the Visa Bulletin.
- As of April 2025, most countries (including Mexico and the Philippines) have current priority dates, while India faces an average wait of three years and China about two years and four months.
EB-1 Green Card Consular Processing
Applicants residing outside the U.S. complete the process through NVC consular processing in their home country after I-140 approval.
Steps include:
- Submitting Form DS-260 and paying required fees.
- Scheduling a medical exam with a designated physician.
- Attending a consular interview at a U.S. embassy or consulate.
- Receiving a visa to travel to the U.S., after which the green card is mailed post-entry.
Processing timelines vary depending on consular appointment availability and documentation accuracy.
EB-1 Subcategories Explained
EB-1A: Extraordinary Ability
Reserved for applicants who can prove they are among the very top of their field in science, art, business, education, athletics, television, or film. Evidence may include:
- Internationally recognized awards
- Publications in top journals or media
- Membership in elite professional associations
EB-1B: Outstanding Professors and Researchers
Applicants must demonstrate international recognition in their academic discipline, at least three years of teaching or research experience, and a U.S. job offer to teach or conduct research at a qualifying institution.
EB-1C: Multinational Executives and Managers
Requires at least one year of full-time employment abroad in the last three years at a foreign company related to the U.S. employer. Applicants must prove an executive or managerial role in the U.S. company.
Final Notes on EB-1 Processing
While EB-1 processing times are generally shorter than other employment-based green cards, mistakes in filing or delays in documentation can significantly extend the timeline. Choosing premium processing may help speed adjudication, though it does not influence approval chances.
For the most accurate guidance tailored to your case, consult with the immigration attorneys at Green Card Link, who have extensive experience navigating EB-1 petitions and maximizing approval success.
EB-1 Visa: Advantages, Priority Dates, Processing Times, and Approval Rates
Key Advantages of the EB-1 Visa
Qualifying for an EB-1 visa can be highly competitive since it requires exceptional qualifications. However, the benefits of obtaining this visa are substantial. Some of the most notable advantages include:
- Faster priority date availability, resulting in shorter wait times compared to other green card categories.
- Self-sponsorship eligibility under EB-1A, eliminating the need for employer sponsorship.
- Freedom to live, travel, and work in the United States, often with the ability to file a concurrent green card application.
It is important to remember that these benefits also come with increased scrutiny by USCIS. To maximize your chances of success, it is recommended to work with experienced immigration attorneys at Green Card Link.
If you are not eligible for an EB-1 green card, you may still qualify under a lower preference category, such as EB-2 or EB-3. While these categories may involve longer wait times, they still provide the opportunity to live, work, and travel in the U.S. and to petition for family members.
Understanding EB-1 Priority Dates
For most employment-based green cards, the priority date determines how quickly an application moves forward. Your EB-1 priority date is the day USCIS receives your I-140 petition. This date never changes and is unique to your case.
The U.S. Department of State issues a monthly Visa Bulletin that sets “final action dates” for each green card category by country of origin. These dates shift monthly depending on demand and the number of visas issued.
- If applications from your country fall below the annual cap, the final action date will move forward.
- If they match the cap, the date remains the same.
- If applications exceed the cap, the date will retrogress (move backward), creating a backlog.
Applicants from high-demand countries such as India and China often face longer waits. In contrast, applicants from countries with fewer petitions generally benefit from current priority dates, meaning they can proceed immediately to the next stage of the process.
Importantly, there is no distinction between EB-1A, EB-1B, and EB-1C when it comes to final action dates—USCIS uses a single priority date system for all EB-1 categories.
Why EB-1 Processing Times Are Longer for India
One of the most common questions is why Indian applicants face significantly longer EB-1 green card waits. The reason is tied to strict annual country caps:
- USCIS can issue 140,000 employment-based green cards per year, but no more than ~30,000 to applicants from a single country.
- India and China consistently exceed these caps due to high demand, creating long backlogs.
- Countries with fewer applicants, such as Japan, rarely reach their caps and therefore move through the system much faster.
Unless Congress changes the law to eliminate or expand per-country limits, Indian nationals (and to a lesser degree, Chinese nationals) will continue to experience longer EB-1 waiting times.
Adjustment of Status vs. Consular Processing
Once your priority date is current, you can proceed with one of two options:
Adjustment of Status (AOS)
If you are already in the U.S. under a valid visa, you may file Form I-485 to adjust your status to permanent residency. Concurrent filing (filing Form I-140 and I-485 together) is possible when the priority date is current. However, premium processing is not available for the adjustment stage.
Consular Processing
If you are abroad or not maintaining valid status in the U.S., you must go through consular processing at a U.S. Embassy or Consulate. This process includes a one-on-one interview with a consular officer. If successful, your green card visa will be affixed to your passport and returned to you.
EB-1 Premium Processing
Premium processing allows applicants to receive a USCIS decision within 15 business days for an additional fee of $2,815.
- Available for EB-1A and EB-1B petitions (15 days).
- Extended to EB-1C and EB-2 NIW petitions (45 days).
Note: Premium processing speeds up USCIS adjudication but does not impact priority date availability. If a backlog exists, premium processing cannot shorten the waiting period.
EB-1 Approval Rates (2024 Data)
USCIS approval rates vary by EB-1 subcategory. According to official USCIS data for FY2024:
- Overall EB-1 Approval Rate: 76% (31,341 approved out of 41,166 petitions).
- EB-1A (Extraordinary Ability): 60.6% approval.
- EB-1B (Outstanding Professors/Researchers): 84.6% approval.
- EB-1C (Multinational Managers/Executives): 93.2% approval.
This data highlights that EB-1C cases have the highest approval rate, while EB-1A requires the most rigorous documentation and evidence.
PERM Labor Certification and EB-1
Unlike EB-2 and EB-3 applicants, EB-1 petitioners do not need a PERM Labor Certification. This exemption makes EB-1 one of the fastest and most efficient employment-based green card options.
How RFEs and NOIDs Can Delay Your EB-1 Processing
USCIS may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if they find your petition incomplete or lacking sufficient documentation.
- An RFE typically asks for missing evidence such as proof of publications, awards, or employment verification.
- A NOID is more serious and indicates USCIS intends to deny unless you provide compelling evidence.
Responding to RFEs and NOIDs requires careful legal strategy. Immigration attorneys at Green Card Link can prepare strong responses to ensure your case remains on track.
How Immigration Attorneys at Green Card Link Can Help with EB-1 Petitions
The EB-1 visa process is complex, requiring precise evidence of extraordinary ability, academic achievement, or multinational executive experience. The immigration attorneys at Green Card Link have extensive experience handling EB-1A, EB-1B, and EB-1C cases.
They will:
- Evaluate your qualifications and create a tailored EB-1 strategy.
- Prepare and organize strong documentary evidence to meet USCIS criteria.
- Anticipate challenges, respond to RFEs or NOIDs, and avoid costly delays.
- Guide you through adjustment of status or consular processing until you receive your green card.
By partnering with Green Card Link, you gain trusted legal representation to maximize your chances of EB-1 approval.