The EB-1 visa is an employment-based immigrant visa for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives or managers. It is one of the fastest ways to get a green card. EB-1 Visa Processing Time
EB-1 Visa Processing Time
The processing time for an EB-1 visa depends on multiple factors:
Form I-140 (Immigrant Petition for Alien Worker) EB-1 Visa Processing Time
- Premium Processing: 15 calendar days (if eligible, for an additional $2,805 fee).
- Regular Processing: 6 to 12 months (varies by USCIS Service Center).
Adjustment of Status (Form I-485) or Consular EB-1 Visa Processing Time
- Adjustment of Status (within the U.S.): 8 to 14 months.
- Consular Processing (outside the U.S.): 4 to 6 months.
What Are the Current Wait EB-1 Visa Processing Time ?
- The processing time for an EB-1 visa depends on your category and country of origin.
- On average, it takes 6 months to 2 years.
- Some applicants can use premium EB-1 Visa Processing Time up the petition approval to 15 calendar days (Form I-140 only).
How Hard Is It to Get an EB-1 Visa?
- The EB-1 visa is very difficult to get because it requires strong proof of achievements.
- Only people with exceptional qualifications and a proven track record in their field qualify.
- Applicants must meet strict requirements set by USCIS.
Who Is Eligible for an EB-1 Visa?
- EB-1A (Extraordinary Ability): People with exceptional skills in science, arts, education, business, or athletics.
- EB-1B (Outstanding Professors & Researchers): Academics with international recognition and at least three years of experience.
- EB-1C (Multinational Executives & Managers): High-level executives transferred to a U.S. office from a multinational company.
Is EB-2 NIW Faster Than EB-1?
- The EB-1 visa is usually faster because it does not require Labor Certification (PERM).
- The EB-2 National Interest Waiver (NIW) can take 2 to 5 years, while EB-1 applicants can get a green card within 1-2 years if priority dates are current.
EB-1 Visa Requirements
- Must meet at least 3 out of 10 criteria for extraordinary ability (e.g., awards, publications, high salary, media recognition).
- Professors must show international recognition and a permanent job offer.
- Executives must have worked at least 1 year in a qualifying company before transfer.
What Is the Success Rate of EB-1?
- The approval rate for EB-1 varies but is around 80-90% for well-prepared cases.
- EB-1A has the lowest approval rate because it requires high achievements.
- EB-1B and EB-1C have higher approval rates if the employer meets the requirements.
Can Family Members Come with an EB-1 Visa Holder?
- Yes, spouses and unmarried children under 21 can apply for EB-1 dependent visas (E- 14 or E-15).
- Spouses can apply for work authorization (EAD) to work in the U.S.
Does EB-1 Require a Job Offer?
- EB-1A applicants do not need a job offer and can self-petition.
- EB-1B and EB-1C require a U.S. employer to sponsor the petition.
What Happens If My EB-1 Visa Is Denied?
- You can file a motion to reconsider if there was a mistake in the decision.
- You can reapply with stronger evidence or try a different visa category.
What Are the Benefits of an EB-1 Visa?
- No labor certification required, making it faster than EB-2 and EB-3.
- Pathway to U.S. citizenship after holding a green card for 5 years.
- Premium processing available for faster petition approval.
Conclusion
The EB-1 visa is a great option for highly skilled individuals looking for a faster green card process. However, it requires strong evidence of achievements. Understanding the categories, eligibility, and EB-1 Visa Processing Time can help applicants prepare for a successful application.