EB1 Processing Time: Everything You Need to Know
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.
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Donnie Ramlal
1677009911
The entire team at Ashoori law has done a fantastic job of securing our E2 status here in USA . Every step of the process was very transparent and professional. They have treated us like family at the same time and have helped us secure an... opportunity to live the American dream . Special thanks to Michael , Ehsan , Rebecca , Patricia and others who have worked on our case .If you are looking for a law firm to attend to all your immigration needs , no matter what your situation is , look no more . Rest assured Michael Ashoori law have your best interests at heart . It’s a one stop shop , they handle everything for you 💯 %read more
uanderson duarte
1677000716
Well experienced , reliable and fast team , Ashoori Law team guided me efficiently in getting me and my family E2 Visa.
Vlado Kolistrkoski
1676563057
My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more
saha kabgani
1676487618
So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more
KAY QIAO
1676013472
Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more
Felix Evans
1675895179
Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm
Leila Rafiei
1675888317
Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!
Michelle M Kang
1675473942
I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more
Adeel ad
1675369694
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more
Ani Mikirdichian
1675115376
Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!
Ruth Ngakae
1675111500
Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more
Ever Zalazar
1675095317
Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more
Sahan Kaushal (Kawwa)
1675059855
I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more
Shota Leladze
1674871442
The team is helpful! I've have the answers on all of my questions I've ever asked to them!
Leah H
1674833566
Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more
Abdulakim Abrahim
1674829940
Please help me I am from Ethiopia thanks
AN
1674746245
I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more
Anne Summanen
1674700602
My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more
Pragadeesh Suresh Babu
1674687597
Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!
Antoni Matte
1674652577
With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.
Brahim Bougrayne
1674620459
Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law
Adriana HERNANDEZ BERMUDEZ
1674529670
Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more
Escheyder Acosta
1674504347
My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more
Yoonmo Sang
1674433283
I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.
Akash Giri
1674155687
I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more
Raja Zulqarnain Haider
1673727230
We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more
Phongmanas S
1673551512
Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more
Lords Child 777
1673482463
Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more
Siranush Vardanyan
1673366640
My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more
Samantha Jacobs
1673240791
Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more
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.