EB-1 Green Card Introduction

The Employment-Based First Preference (EB1) visa category is a popular choice for those seeking a green card in the United States due to its relatively shorter processing time. The processing time and steps for filing a successful EB-1 petition. It's critical to understand what might cause delays in your EB-1 green card processing time. In this guide, we'll explore the EB1 processing time, what factors affect it, and how you can expedite your application.

EB-1 Green Card Categories

The Employment-Based, First Preference immigrant visa category is reserved for foreign nationals of extraordinary ability in the sciences, arts, or business; outstanding professors and researchers; and certain executives and managers of multinational companies. The EB-1A subcategory is for aliens of extraordinary ability, the EB-1B subcategory is for outstanding professors and researchers, and the EB-1C subcategory is for executives and managers of multinational companies. Each subcategory has specific eligibility requirements, but all share the advantage of a faster processing time compared to other employment-based green card categories.

EB-1 Green Card Processing Time: Key Factors

The EB1 processing time varies depending on several factors:

Application volume: High demand for EB1 visas can lead to longer processing times.
USCIS workload: The workload at your designated U.S. Citizenship and Immigration Services (USCIS) office may affect the processing time.
Country of origin: Some countries face higher demand and longer wait times due to annual per-country limits.
Documentation: The accuracy and completeness of your application and supporting documents can impact the processing time.

EB-1 Green Card Processing Time

EB1 Green cards are experiencing significant delays in 2023.

As of April 2024, an EB-1 visa takes between 8 to 37 months to process. The I-140 stage can be expedited to 15 days. After the EB1 I-140 petition is approved, check the Visa Bulletin to find out if your priority date (“PD”) is current. Once your PD is current, expect around 20 to 35 months for your I-485 green card petition to be approved.

I-140 Processing Times for Each Types of EB-1

As of April 2024, EB1A I-140 petitions currently take 16.5 months on average at the Nebraska Service Center, and 19 months at the Texas Service Center. I-140 can be expedited to 15 days with premium processing.

As of April 2024, EB1B I-140 petitions currently take 8.5 months on average at the Nebraska Service Center, and 8 months at the Texas Service Center. I-140 can be expedited to 15 days with premium processing.

As of April 2024, EB1C I-140 petitions currently take 9.5 months on average at the Nebraska Service Center, and 8.5 months at the Texas Service Center. I-140 can be expedited to 45 days with premium processing.

Visa availability and Priority Date Stage:

This can range from immediate to several months, depending on your country of origin.

I-485 Adjustment of Status or Consular Processing Stage:

As of April 2024, the I-485 petition can take between 16 to 50 months to process.

It's important to note that these time frames are approximate and may change based on the factors mentioned above. Overall, the EB1 processing time can range from 8 to 37 months.

EB-1 Application Steps

STEP 1: I-140 Petition for Immigrant Workers

The petitioner must first submit an I-140 Petition for Immigrant Workers to the USCIS in order to apply for an EB-1 visa. Importantly, all EB1A petitions may be submitted by the applicants themselves. This means that you do not need an employer to sponsor the EB1A and can instead sponsor yourself. However, you may opt to have an employer sponsor you. If your petition is sponsored by an employer, your employer must show that they are financially viable to pay you the wage agreed on in your employment contract.

The I-140 Immigrant Petition and supporting evidence must be filed with the appropriate service center for applicants for the EB-1 classification. In many cases, the processing time for the I-140 can take several months. Various service centers where the immigration petition and supporting papers may be submitted have different turnaround times. If you wish to expedite the I-140 processing time, you may opt to pay an additional $2,500 to the USCIS to shorten the processing time to 15 days (For EB1A, EB1B, EB-2 PERM, EB-3 PERM cases) or 45 days (for EB2 NIW and EB1C cases).

The applicant’s intended place of employment will be used to determine where the documents should be sent. USCIS may return the papers to the applicant if the files are sent to the wrong address.

USCIS keeps track of the most up-to-date processing times for EB-1 visas. The government's time to process an EB-1 visa depends on the current government caseload.

After your I-140 is approved, the DOS Visa Bulletin can tell you whether the priority date for your visa category and your nationality is current.

STEP 2: Filing Form I-485 (If inside the US)

After the I-140 is adjudicated, the next step in the process is to file an I-485 form if you are already in the United States. The I-485 form is also known as the Application to Register Permanent Residence or Adjust Status. If you are outside of the country, you will need to go through consular processing and you do not file I-485.

The following supporting documents are required when filing the I-485 form:

A copy of the applicant’s passport, birth certificate, and I-94 records
Two passport sized photographs of the applicant
The approved I-140
If the applicant is married, a copy of the marriage certificate
If the applicant has children, a copy of the birth certificate for each child

The I-485 form must be filed with the USCIS Service Center which has jurisdiction over the applicant’s intended place of residence.

You must wait until the USCIS approves your priority date before submitting your I-485 petition. The I-485 form’s processing time also varies, with a dramatic increase in processing time starting in 2023. There is no way to expedite the I-485.

EB-1 Green Card Concurrent Filing

The procedure of filing both I-140 and I-485 forms at the same time is known as concurrent filing. The EB-1 green card can be processed more quickly if you file for permanent residency concurrently with the I-140 form.

Your priority date must be “current” in order to qualify for concurrent filing of your I-140 and I-485 applications. This means a visa number is available for your specific nationality, and you can apply for an adjustment of status.

EB-1 Green Card Consular Processing

If you're outside the United States, things will be a bit more complicated. You'll have to go through consular processing to apply for an immigrant visa after your I-140 based on EB1 has been approved by the USCIS. To apply for an immigrant visa, you need to submit an application using form DS-260 and go through an in-peron interview with the U.S. embassy or consulate in your country of residence. After passing your immigration interview, you will receive a visa to visit the United States as a lawful permanent resident.

There are a few steps you need to go through if you want to get your visa processed through the consular process. This includes applying for a visa, getting a medical examination, and going to an interview. The processing time for all of these will be determined by the work volume at your consulate and your level of preparedness.

EB-1 Allows Self-petition

If you qualify for the EB-1A extraordinary ability visa, you may self-petition without a job offer from a U.S. employer. In order to be eligible for the other two categories, you must first acquire an employer who is willing to sponsor your visa. The next step will be to submit the I-140, whether you're sponsored by a company or self-petitioning.

Requirements for EB-1A Extraordinary Ability:

To qualify for EB-1A, an applicant must either show a one-time major internationally recognized award, such as the Nobel Prize, Oscar, or Grammy award, OR, an applicant can show evidence of meeting three out of the ten listed criteria in order to demonstrate national or international acclaim:

Receipt of a lesser nationally or internationally recognized award;
Membership in associations in the field which demand outstanding achievement of their members;
Published materials about the applicant in professional or major trade publications or major media evidence;
- (may submit evidence of news report and articles written of the foreign nationals to support the major media evidence);
Judged the work of others, either individually or as part of a committee or panel;
Original scientific, scholarly, artistic, or business contributions of major significant to the field;
Authorship of scholarly articles in professional or major trade publications;
Work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
- (May submit expert opinion letters to support the distinguished organizations evidence);
Command a higher salary compared to others in the field;
Commercial success in the performing arts;

Requirements for EB-1B Outstanding Professors or Researchers:

To qualify for EB-1B outstanding professors or researchers, you must have at least three years of experience in teaching or research in your particular academic field, be on a tenure tracking teaching, and must demonstrate international acclaim for outstanding accomplishments in your academic field. Additionally, you will need to fulfill at least two of the six criteria set by the USCIS and provide evidence of a job offer from a U.S. employer. The criteria include:

Evidence of receipt of major prizes or awards for outstanding achievement
Evidence of membership in associations that require their members to demonstrate outstanding achievement
Evidence of published material in professional publications written by others about your the applicant’s work in the academic field
Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or related academic field
Evidence of original scientific or scholarly research contributions in the field
Evidence of authorship of scholarly books or articles in the field (in scholarly journals with international circulation)

Requirements for EB-1C Multinational Executives or Managers:

If you are planning to work in the U.S. in a multinational corporation at a managerial or executive capacity, the EB-1C visa might be the right choice for you. The EB-1C visa requires that you have been employed outside the United States for a minimum of 1 year in the past 3 years immediately prior to the visa application. In addition, the employer that’s sponsoring the EB-1C visa must have been doing business for at least 1 year, and have a qualifying relationship with the company where you worked abroad (e.g. affiliate or subsidiary relationship), and you must work in a managerial or executive capacity.

How much does the EB-1 visa cost?

The government filing fees as of April 2024 for filing Form I-140 is $715. Attorney’s fees for the EB-1 visa vary depending on the complexity of your case.

After your I-140 is approved, there will be additional filings required to obtain a green card. These include I-485, I-131, and I-765.

EB-1 visa Filing Fees

The fees for filing for EB-1A from within the United States are as follows:

· I-140 basic filing fee: $715

· I-485, I-765, I-131 fee: $1,440

· Biometrics fee (if applicable): $85

· Premium processing fee (optional): $2,805

For filing outside of the United States:

· I-140 basic filing fee: $715

· DS-260 fee: $325

· Affidavit of Support fee: $120

· Biometrics fee (if applicable): $85

· Premium processing fee (optional): $2,805

What happens after my I-140 is approved?

Once USCIS approves your I-140 petition, you will receive a paper receipt notice I-797 Notice of Action. If you selected premium processing, you will first receive this notice in the email. Typically, it takes between 1 to 3 weeks to receive this notice.

After the I-140 is approved, you will be need to wait for the visa bulletin to become Current. Once it’s current, you are ready for the “green card” phase. During the green card phase, your attorney will file for either Adjustment of Status if you are in the United States, or file for consular processing if you are residing abroad.

Occasionally, an attorney may file the green card petition concurrently with the I-140. This will depend on the facts of your case, its category, and other factors.

Last Updated: 04.08.2024