EB1 Processing Time: Everything You Need to Know

EB1 Processing Time

 

The EB1 visa is a powerful option used by professionals from around the world to get a US green card.  One of the questions I get asked most frequently about the EB1 visa is: How long is the EB1 processing time? In this guide, I will explain the EB1 processing time from beginning to end. If you have any questions, please email me directly at Michael@AshooriLaw.com.

 

Overview:

 

1. EB1 Processing Time (Quick Answer)

2. Intro to EB1 Visa

3. EB1 Process Explained

4. Benefits of EB1 Visa

5. Conclusion

 

1. EB1 Processing Time (Quick Answer)

 

The EB1 visa is divided into 3 different categories: EB1A, EB1B, and EB1C. The EB1 processing time will depend on which of these 3 categories you are applying for. Additionally, the overall EB1 processing time will depend on other factors, including:

 

  • whether you select premium processing;
  • if you’re doing an adjustment of status, whether you file your I-140 at the same time as your I-485 (concurrent filing), or if you first wait for the I-140 to get approved, and then file your I-485;
  • which USCIS service center reviews your case (Nebraska Service Center/Texas Service Center)
  • whether an RFE is issued for your case.

 

These factors will be discussed in more detail below.

 

Here is a quick overview of the EB1 processing time by category:

 

EB1A (Extraordinary Ability) and EB1B (Outstanding Professors and Researchers)

 

I-140 Processing Time:

 

  • Standard Processing: average processing time of 5.5 to 6.5 months
  • Premium Processing: 15 calendar days

 

Adjustment of Status /Visa Processing Time:

 

  • Average processing time of 6 to 8 months

 

 

EB1C (Multinational Manager or Executive)

 

I-140 Processing Time:

 

  • Texas Service Center: average processing time of 7.5 to 9.5 months
  • Nebraska Service Center: average processing time of 12.5 to 16 months
  • Premium Processing: Not Available

 

Adjustment of Status /Visa Processing Time:

 

  • Average processing time of 6 to 8 months

 

You can check current USCIS processing times using the USCIS website, here.

 

Now that we’ve gone over the basics, let’s go over the details of the EB1 green card and the process of getting an EB1 green card.

 

 

2. Intro to EB1 Visa

 

The EB1 visa is broken into 3 separate categories EB1A, EB1B, and EB1C. Each of these subcategories has its own requirements for approval.

 

  • EB1A: The EB1A visa is reserved for people who have an extraordinary ability in either the sciences, arts, business, athletics, education, motion picture industry, or television industry. EB1A petitioners must demonstrate that they have an extraordinary ability in a particular field and that they will come to the US to work in that particular field. This category typically requires various evidence such as awards, publications, memberships in various organizations within the field, etc.

 

  • EB1B: The EB1B visa is reserved for outstanding professors and researchers. The EB1B visa has a lower standard for approval than the EB1A visa, however, it is only available to professors and researchers.

 

  • EB1C: The EB1C visa is reserved for multinational managers and executives. To qualify for an EB1C visa, you must have worked for 1 continuous year (full-time) for a foreign company as either a manager or executive. You must be coming to the United States to work for a US company as a manager or executive. The US company must have a qualifying relationship with a foreign company (they must one of the following relationships: parent/subsidiary, affiliate, or branch office).

 

Depending on which of these categories you apply for, your processing time will be different.

 

3. EB1 Process Explained

 

Applying for an EB1 green card is a 2-step process. The first step is to file an immigrant petition (Form I-140) with USCIS. Once the Form I-140 is approved, you have 2 options for how to proceed; you can either apply for an adjustment of status with USCIS or apply for an immigrant visa at a US consulate or embassy abroad.

 

Form I-140

 

  • The Form I-140 (also called the Immigrant Petition for Alien Worker) is the initial petition that must be filed for an EB1 green card.

 

  • For EB1A and EB1B petitions, the I-140 takes about 5.5 to 6.5 months to process with standard processing.

 

  • For EB1C petitions, the I-140 takes anywhere from 7.5 to 16 months to process depending on the USCIS service center reviewing the petition.

 

Premium Processing

 

For EB1A and EB1B petitions, USCIS offers an optional premium processing service for an additional fee of $1,225. If you select premium processing, USCIS will review and respond to your I-140 petition within 15 calendar days. Premium processing is currently not available for EB1C petitions.

 

Quick Note About RFEs

 

When reviewing your I-140, USCIS may sometimes issue a request for additional evidence (RFE). If an RFE is issued on your case, it can slow down the overall processing time. This is because it will take additional time for you to prepare a response to the RFE. It will also take time for USCIS to review your response and then issue a decision on your case. So receiving an RFE can increase the overall EB1 processing time by 3 to 6 months.

 

Adjustment of Status

 

  • An adjustment of status is available to people who are already lawfully present in the United States in a qualifying non-immigrant status (such as a B1/B2 visa).

 

  • Adjustment of status quite literally means adjusting from a non-immigrant status to immigrant status.

 

  • The adjustment of status is handled entirely within the United States

 

  • You apply for an adjustment of status by filing a Form I-485 with USCIS

 

  • The I-485 takes about 6 to 8 months to process on average.

 

  • You are usually given work authorization and travel permission 90 days after filing your Form I-485 with USCIS. Until receiving these documents, you should not leave the US.

 

Concurrent Filing

 

In certain situations, you may be eligible to file your Form I-140 and your Form I-485 (adjustment of status) at the same time (This is also referred to as concurrent filing). By filing both forms together, the overall EB1 processing time is shortened. This is because you do not have to first wait for the I-140 to get approved before filing the I-485.

 

In order to concurrently file your I-140 and I-485, the EB1 subcategory that you are applying for must be current. This is a somewhat complicated concept to explain. To oversimplify, sometimes high demand for certain visa categories leads to a waitlist for that category (this is referred to as visa retrogression). If the visa is current (no waitlist) then you can file the I-140 and the I-485 at the same time. If there is a waitlist, then you have to wait until your I-140 is approved and then wait for your visa to become current (get to the front of the line) before filing your I-485. Historically, all EB1 categories are usually current and are therefore eligible for concurrent filing. If you have any questions about concurrent filing, please email me directly at Michael@AshooriLaw.com.

 

Visa Processing

 

  • If you are outside of the US, you will likely have to do visa processing (also called consular processing). This is the process of applying for a visa at a US embassy or consulate abroad.

 

  • To do visa processing, you must file a Form DS-260 with the Department of State. The DS-260 is also called the Immigrant Visa Electronic Application.

 

  • The DS-260 takes about 6 to 8 months on average to process.

 

  • After you submit your DS-260, you will attend a visa interview at a US consulate or embassy abroad.

 

  • Following a successful interview, an immigrant visa will be affixed to your passport allowing entry to the US.

 

  • Visa processing is not eligible for concurrent filing. Your Form I-140 must be approved by USCIS before filing a DS-260.

 

4. Benefits of EB1 Visa

 

The EB1 visa has several benefits which make it a very attractive immigration option for working professionals.

 

Here are some of the benefits:

 

  • No Labor Certification Required: For many employment-based green cards, a US employer is required to apply for and get an approved labor certification through the Department of Labor. The labor certification process can be both time consuming and tedious. For an EB1 green card, your employer is not required to get an approved labor certification. In addition, for the EB1A visa, you are not even required to have an employer file your I-140 petition. Instead, you can self-petition.

 

  • Live and Work in the US: EB1 is an immigrant visa category. This means that successful applicants under this classification are eligible for a US permanent residence (a green card) for themselves, their spouse, and their unmarried children under 21 years old. As a green card holder, you can live and work anywhere in the US.

 

  • Premium Processing: EB1A and EB1B are both eligible for premium processing. Selecting this option can greatly reduce the EB1 processing time.

 

5. Conclusion

 

The EB1 visa is a great option to get a green card to the United States (if you can qualify under 1 of the 3 sub-categories. With an EB1 green card you can live and work in the United States, and get immigration benefits for your spouse and children. Also, due to various features such as premium processing and concurrent filing, the EB1 processing times can be very favorable.

 

Some complex concepts were discussed in this guide. If you have any questions about any of the information covered in this guide, or if you need help with your EB1 green card, please feel free to email me directly at Michael@AshooriLaw.com.

 

Resources:

 

 

 

 

 

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23:31 01 Sep 22
Ehsan Mari is very patient and respectful while working with him . I highly recommend him for Immigration related services
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22:32 29 Aug 22
Highly recommend law firm.Thanks to Ashoori Law firm.I have used their service for my E2 visa as well as E2 change of status as i needed both of them.I just got my E2 change of status approved.Great service by the Michael Ashoori and his team.... Very professional ,easy going and helpful. If you are looking for one, this is the place. I will be using their service for my E2 visa also and later on with future applications also.read more
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23:20 25 Aug 22
I had some immigration questions regarding my application, so I booked a free consultation time with their office. I received a call an hour later from Mr. Ehsan, a consultant of the office. He helped me with all my questions patiently and I have to... say that he was so professional and knowledgeable.I want to thank him for the time and consideration.read more
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05:54 23 Aug 22
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17:42 18 Aug 22
I would like to Thank Ashoori Law team specially to Jeser I really appreciated the updates and follow ups. I highly recommend this firm.
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17:52 17 Aug 22
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Mahesh Lal Rawat
14:56 14 Aug 22
महेश लाल जिला फतेहपुर भारत
Sweta Bharodia
18:23 12 Aug 22
Michael Ashoori and his team were very helpful and guided us through each and everything in getting our E2 visa. I highly recommend Ashoori Law firm.Initially when were looking for E2 visa lawyer, we had been in contact with many lawyers, but we... are fortunate we made a correct decision by making Ashoori Law firm as our lawyer. For any visa application documentation is very important. Ashoori Law team gave us a very clear and easy to understand step by step application process, which made it very easy for me to collect the relevant documents and submit. Starting from setting up a new company for the business till getting visa, Ashoori law firm has been always there, they have always answered to all our questions to the best of their abilities. We are very satisfied by choosing Ashoori Law firm as our lawyer.They are very approachable and will answer all your questions quickly. Special thanks to Lahaina, Chris, Elaine and all the team members with whom we interacted during the visa application process.Sincerely,Sweta Bharodia.read more
Michael - David
12:45 11 Aug 22
It is my pleasure to testify to my extremely positive experience working with the Ashoori Law Team in regards to the recent renewal of my O-1 Visa. This Visa renewal was complex as it involved factors such as a patent I hold, the relationship with... the company that I am working with, as well as an arts and entertainment component. The members of the team were professional and attentive and were able to secure the renewal within a surprisingly short amount of time. I would highly recommend their services for anyone who is seeking the right immigration solution particularly where the petition has a business component.Sincerely,Michael-Davidread more
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17:47 10 Aug 22
Ashoori Law made sponsoring an employee's visa very easy and free of stress. They explained everything in detail and were very prompt with their responses and action items. It was a very fast and smooth process that was not outrageously expensive. I... would definitely recommend them and use them again.read more
mubashir ahmed
01:56 10 Aug 22
Thank you so much Michael Ashoori for all your help regarding my wife's work Authorization as an E2- dependent. We truly appreciate your honesty and making this whole process very easy and straight forward for us from the time of the application... till getting the EAD card. Your whole team was exceptional in providing the great advice. Thank you for responding to our emails and phone calls promptly. Our special thanks to James and Lahaina, both were very active and efficient. This was our first experience with any immigration lawyer, and it was very pleasant.We highly recommend Michael Ashoori Law office for any immigration services.read more
Ritesh Chutani
19:11 09 Aug 22
Michael has been very helpful with my reentry permit application. He has been very prompt in answering all the questions I had. He explained how I should go ahead with my application and has supported all along in last few months since the... application process started. I highly recommend his services.read more
Junko Iizuka
22:43 28 Jul 22
From the bottom of my heart, I would like to express my gratitude to the Ashoori Law team, especially Kelly Raposa. Much of my time & energy was needed to go to the hospital daily to take care of my very sick mom. Thanks to Kelly’s genuine kindness... & willingness to answer even the smallest of questions, I was able to focus more of my time & energy on my mom, & was able to be by her side during her last final week. I would highly recommend this firm to anyone - from the moment I started working with them, it was evident that they deeply care about all their clients.read more
Travis Steinke
20:23 27 Jul 22
The team at Ashoori law were helpful throughout the entire visa experience. Would, and have, recommend to anyone looking into the E2 visa route. Thank you!
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14:35 27 Jul 22
Great attorney and very impressed with the professionalism. Highly recommend this place for E2 visa needs.
Osaid Abuelnasr
01:23 22 Jul 22
I have worked with many immigration attorneys for my personal and business needs. I have never had the pleasure of working with someone as helpful, genuine and professional as Ashoori Law.The attorney which handled both of my cases was Rebecca... McCarthy. She’s diligent, fast and an all around amazing attorney. She left no questions unanswered and was always on top of my case. Huge thanks to her and Michael for all their help and care.One thing I really liked about working with Ashoori Law is Michael was always available to answer any questions should no one else be able to answer them. He did not shy away from getting on the phone with me when I needed to speak to him. Unlike other firms where you feel the need to talk to 5 paralegals before getting real attention. I will definitely recommend my family and friends to Ashoori Law.read more
James Harvey
19:56 21 Jul 22
Michael and his team were extremely helpful throughout my whole visa application process.There was no other firm like it in terms of the effort that was put in to initially bring me on board, with there being numerous calls with me to answer my... queries first, and hear their recommendations on the best approach / visa for me, before giving them the go ahead to start my applicationTheir process was clear and easy, I was introduced to all team members who were working on my case. There was no limit of time from them with answering any questions or concerns that I had, which was huge for me as completing a visa application seemed like a daunting task initiallyFor anyone looking for this type of service I would highly recommend Michael and his team at AshooriA special thank you to James as well, who would of been my primary contact and helped tremendously.read more
Mary Kambai Chimbali
18:23 14 Jul 22
Ashoori law worked really fast. I’ve already had one of my cases approved. They made the process very easy for us and gave us confidence that things are getting done correctly. And they’ve kept us up to date with email and the online tracker along... the way.read more
Matt Mulholand
18:15 14 Jul 22
Ashoori Law has a very convenient online user portal which makes uploading documents very easy. They maintain good contact via email and staff can be reached by phone easily.
Jime Caballero
00:17 14 Jul 22
I'm so grateful of how helpful Ashoori was with my visa process. They did an excellent job!!
Dev Pawar
22:16 13 Jul 22
Nice to work with and they got the job done. Will certainly recommend them for all your immigration needs.
Mohamed Hegazy
16:09 12 Jul 22
totally satisfied with the results, I contacted the law firm to apply for E2. They got it done in time. They are professional and know what they are doing. The team was on top of the case. They reply to all the emails and at all the time. I was able... to schedule a call with them whenever I needed information. Highly recommended!.read more
ker smith
09:38 12 Jul 22
I would definitely recommend this law firm and their entire team to anyone who need immigration representation. They get the job done plus very affordable
Manisha Patel
20:38 08 Jul 22
Michael and his team is excellent at providing timely services and their turnaround time is very quick. I worked with Christina Missey for my immigration petition and she thoroughly reviewed every SINGLE documents of mine and guided me through... journey. She is the best. Appreciate the above and beyond efforts of Ashoori law firmread more
Emilio D'Angelo
17:03 05 Jul 22
I’ve worked with a lot of attorneys along my immigration journey but none have come close to the ease, organization, results of Ashoori Law!I’ll definitely be referring any of my fellow ex-pats over to the extremely capable team at Ashoori... Law.Thank you guys for just a stress free process!read more
Casa Guzmania
18:11 01 Jul 22
We worked with Ashoori Law to apply for E2 status, and it was approved on the first attempt with no request for additional information or any pushback! Big kudos to Christina and Lahaina, who were incredibly responsive, supportive, and patient... throughout the process. We highly recommend Ashoori Law for any immigration process, and we can confidently say that they are experts in E2 applications.read more
Salman Rauf
16:18 29 Jun 22
Excellent team and services.Always responded to my concerns whenever i wrote to them. Would highly recommend for Immigration servicing.
Lung Lee
00:40 28 Jun 22
Great work! Professional, always willing to help and quick response.As a newcomer to the U.S., they settled me a lot of questions.They professionally advise which kind of visa is most suitable for you. And, guide you step by step throughout the... application process. Finally, I got the approval of my visa with no RFE.I'd like to special thank to Lahaina for her caring. Also, Rohit's referral to such a great team.I do highly recommend Ashoori Law to all immigrant and non-immigrant applicants to the U.S.read more
Omolola Baidoo
00:34 28 Jun 22
I had an awesome experience with this law firm. My papers was processed promptly. My phone calls was responded to promptly. No regrets. Money well spent.I will definitely recommend Ashoori law firm to friends and families who needs their services.... Thanks for everything.read more
Anja Kahn
17:28 27 Jun 22
My I-140 for the EB2 NIW has been approved!! Thank you Michael and Lahaina of Ashoori Law, and thank you USCIS!Prior to meeting Michael Ashoori, I had frustratingly worked with 3 other immigration law firms over the previous 6 years to ensure my... business, my children and I were always in authorized and lawful status. With these firms I felt not quite versed on the in-depth immigration picture, not sure of the chances of success of any particular route, uncomfortably wondering if the advise and steering was the right path for me and my family for the long term, or was it short term fixes thereby requiring further filings in the future. I paid some pretty hefty fees too, and often was left wondering if the option I was being recommended was the best option for me or was it the most lucrative for the law firm.Michael was a breadth of fresh air!Whilst researching my queries online I found Ashoori Law through the videos Michael posts - the videos were focused, informative, and dealt with pretty much the whole picture in respect of the topic he spoke on. The tone was chatty and Michael came across as very approachable, conveying the law in terms I could understand, without losing the detail. After watching the first video, I searched for more and binge watched all I could find before reaching out to Michael!During my initial consultation I felt so reassured by not only Michael's extensive immigration law knowledge, but also the way he explained options. Everything he said made so much sense, was applicable to my circumstances, and he laid out my options clearly, giving honest evaluation as to the process, the timeline, and chances of success. He didn't do it piecemeal or in isolation, he looked at the full picture as to how my application would affect my family in the long term - definitely an important factor when kids risk being aged out at 21. Michael looked at my background and was confident that I could be successful in the EB2 NIW category. His analysis of how I met the requirements and what I would need to do to evidence my experience, knowledge and expertise gave me the confidence to proceed in the belief I merited the category.The team at Ashoori Law handled the whole process so smoothly and efficiently, with full disclosure at every stage, and it was a speedy filing - under 30 days!!Ashoori Law have a fantastic online portal, where the whole application is managed - you can monitor step by step what is required, there are user friendly forms for information gathering, and easy uploading of evidence documents. Messaging is handled securely through the portal, enabling the whole application history to be in one place, readily accessible for any future query.Having filed, Ashoori Law didn't go silent on me! With the delays in processing at USCIS due to Covid and post Covid challenges, Michael and Lahaina were always happy to have an update discussion and keep me reassured - and sane!I leave this review because Michael's evaluation of what was required for success in my immigration journey has made a phenomenal difference to my life, for which I am forever going to be grateful. I leave this review as an experienced immigration applicant who has tried some of the most well known firms in the country - firms that promised the world, charged the earth, and generally failed in the objective they were contracted for. Michael delivered on his promise. Thank you Michael.read more
Kely Aliny Neves
12:30 27 Jun 22
Foram ótimos profissionais, sempre prestativos e tudo deu certo sem desafios. Recomendo!
Ramneek Lamba
02:28 23 Jun 22
I would highly recommend Ashoori law to anyone who is looking for a professional advice on immigration. Right from the beginning they explained me the procedure in detail. Lahaina was super helpful at all stages of the process. They respond quickly... and professionally. Anyone looking for immigration advice will not be disappointed. Thanks again!read more
Tommy T Chai8.
06:44 21 Jun 22
Thank you very much for this advice.I thing that next month i will submit this document. 🌷🌷
Rahila Samreen
02:07 17 Jun 22
Michael Ashoori is an excellent immigration lawyer. He has a great team. His team response is so quick. My daughter is also doing her immigration case with him. And definitely I will appoint for my son next. He is a very trustworthy lawyer and you... will never feel that your money is wasted. I definitely recommend to everyone. Thanks to Michael Ashoori that you assisted me every time .read more
Marina
00:45 17 Jun 22
Very great! Love, love, love Ashoori Law and his team. They make you feel like family. This is the team that will definitely get the job done. Very friendly and professional!
Vivek Sharma
00:54 16 Jun 22
The team at Ashoori Law did a wonderful job in helping me get my H-1B Visa approved on time. Special thanks to Lahaina and James who were always communicative throughout the process and ensured all information and documents were in place before... submitting the petition. I would highly recommend their services.read more
Erika Fifield
18:41 15 Jun 22
The Ashoori Law team was awesome in providing my company with employer sponsored visa services. They guided us through the entire process, were very professional and were able to file and get us the needed approval in a timely manner. As an HR... manager, I highly recommend Ashoori Law for your business or individual immigration needs. James, Milena, and the entire team were very helpful and made the process very simple with quick results!read more
Ross Hitchins
06:36 10 Jun 22
Our E2 visa request was professionally handled to a successful outcome. I would recommend this Law company for anyone who is trying to obtain a US visa. Good Job! Thanks Steve Hitchins
Romard Palmer
15:05 08 Jun 22
I had the opportunity to work with Ashoori Law to apply for my Re-entry permit. i must say it was seamless, all the work was handle by the staff at Ashoori Law. The service they provided was extraordinary, the staff are very knowledgeable and... provides timely feedback and is willing to spend countless hours on phone calls to explain any situation/issues you might have. I highly recommend this firm for any legal matters regarding immigration services. I will be using them for all my future needs moving forward. It was a great pleasure working with Ashoori Law, I look forward to work with them again.read more
Sandeep Kaur Pannu
02:02 08 Jun 22
I have watched all your videos, they are always great…. I read your blog online and it was very informative and after reading the blog I felt, you and your teams knows in depth about immigration that’s how I approached you guys for EAD. And it all... turned out so great!Thank you for getting us EAD approval in hand! So all five stars from our side.Thank you!read more
Kevin Kovacs
21:03 07 Jun 22
The Ashoori Law team has done a tremendous job representing me and successfully putting together my application. They are very knowledgable, organized, thorough, and straightforward. The team knows what it takes to get cases approved. Ashoori Law... has earned my trust and I will engage them in future cases. Highly recommend!read more
Juan perez don
01:10 02 Jun 22
Hola! Gracias por la asesoría, mi caso salió exitoso, mi cambio de status fue aprobado Gracias por la asesoría y el acompañamiento.
Malwa Truckline
03:04 01 Jun 22
We would like to thank Micheal and Team to work on a our case.which really went smoothly and made easy by them.we highly recommend Ashoori Law Firm and it was pleasure doing business with them.
Jarson Laguerta
21:04 31 May 22
I would highly recommend Ashoori Law office for the fast and reliable visa process. The staff are also accommodating , on point and on time, they're are very fast when it comes to processing my visa.
sunaina rayamajhi
22:42 27 May 22
Applied my marriage based green card from here and everyone was really friendly. Whenever i had any questions they were available to answer it. I really loved the service here. I will definitely recommend this place to family or friends if they ever... need any immigration service.read more
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Michael Ashoori Headshot

Michael Ashoori, Esq.

U.S. Immigration Lawyer

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.