EB-1A TIMELINES EXPLAINED

EB-1A processing time - how long does it take?

Contributor

Tukki

Reading time

7 mins read

Date published

Jan 29, 2026

The EB-1A visa allows individuals with extraordinary ability to obtain a green card, which paves the way for permanent residence in the US. But before you start your application, it’s important to know the processing timelines and stages involved.

Typically, the full EB-1A processing time varies depending on factors such us the time USCIS needs to review your case, if you've chosen premium or standard processing timelines, or if a Request for Evidence (RFE) was issued, as well as any post-approval steps.

With premium processing, USCIS guarantees a response on your I-140 petition within 15 business days. Without premium processing, the timeline is unpredictable and can range from several months to over a year depending on the service center and current backlogs.

The good news for most EB-1A applicants is that once your I-140 is approved, visa numbers are typically available immediately, meaning you can proceed directly to your green card without a long wait.

This guide explains the different processing options, what happens if you receive an RFE, and how the overall timeline works from petition to green card.

Calculate the timeline for your EB-1A Visa

EB-1A processing options: premium vs standard

When you file your EB-1A petition (Form I-140), you choose between two processing speeds. This choice significantly affects how long you’ll wait for a decision.

Processing type Timeline Cost Best for
Premium processing 15 business days $2,805* Applicants who need or wants a quick decision
Standard processing Several months to 1+ year No additional fee Applicants with flexible timelines

Please note that choosing premium processing does not guarantee an approval. It simply guarantees that USCIS will take action within 15 business days by approving, denying, or issuing an RFE or Notice of Intent to Deny (NOID). If an RFE or NOID is issued, the clock pauses and restarts once USCIS receives your response.

Standard processing times vary widely by service center and workload. The USCIS processing times page provides estimates, but be aware that those numbers change frequently and are not guarantees.

How premium processing works for EB-1A

Premium processing is available for all EB-1A petitions. You request it by filing Form I-907 with your I-140 or later to upgrade a pending case.

The current premium processing fee on January, 2026 is $2,805. However if you've filed your petition after March 1st of 2026, the premium processing fee will cost you $2,965.

Once USCIS receives the premium request, the 15-business-day clock begins. During that period, USCIS will:

  • Approve your petition
  • Deny your petition
  • Issue an RFE
  • Issue a Notice of Intent to Deny (NOID)

If you applied for premium processing and USCIS does not take action within 15 business days, you may request a refund of the premium processing fee. This, however, is very rare, as USCIS respects premium processing timelines.

EB-1A adjudications involve subjective evaluation of achievements, and in standard processing timelines this can lead USCIS to take considerable time before making a decision. That's why for many EB-1A applicants, premium processing is worth the cost, as they get a faster decision or early feedback if an RFE is issued. This help with planning and strategy of their immigration processes.

EB-1A video courseLearn how EB-1A visa works and how cases are evaluated, explained clearly by our legal team.
Watch EB-1A visa course

What happens if you receive an RFE?

A Request for Evidence simply means USCIS needs more information before taking a final decision on your case. It is not a denial and it can happen to anybody.

An RFE explains:

  • What evidence is missing or unclear
  • How to respond
  • The response deadline, typically 87 days

If you miss the deadline, USCIS will decide based on the existing record, which usually results in denial.

After you respond, USCIS resumes review. With premium processing, the 15-day clock restarts when your response is received. Without premium processing, there is no guaranteed post-RFE timeline.

Common EB-1A RFE issues include:

  • Insufficient proof of extraordinary ability
  • Weak connection between criteria and evidence
  • Lack of expert explanation for the impact of work
  • Questions about sustained national or international acclaim

A strong initial filing reduces RFE risk, but RFEs are common even in solid cases. Clear, targeted responses significantly improve approval chances.

Processing time by service center

EB-1A petitions are handled primarily by the Texas and Nebraska Service Centers. Processing times fluctuate between centers and over time.

USCIS assigns cases based on geographic jurisdiction. Applicants cannot choose a service center. Premium processing applies uniformly regardless of location and removes most center-based timing uncertainty.

For standard processing, review USCIS estimates before filing, but expect variability.

Full EB-1A timeline: from I-140 approval to green card

The I-140 petition process is the first step, but an EB-1A approval does not mean you automatically get a green card.

After your petition has been approved, is time to complete the green card stage.

For most countries, EB-1A visas are current, meaning you can proceed immediately to adjustment of status (in the U.S.) or consular processing (abroad).

The typical full timeline for EB-1A processing time looks like this:

Step 1: I-140

  • Premium processing: 15 business days
  • Standard processing: months to 1+ year

Step 2: Green card stage

  • Adjustment of status (I-485): about 12–18 months
  • Consular processing: often 6–12 months to interview

Step 3: Green card issued

  • After I-485 approval or immigrant visa issuance

For most applicants, the full process takes 1–2 years with premium processing and longer without it. If you're looking for a faster road to a green card, we recommend you to evaluate your visa options according to your profile using our Visa Match tool.

Visa backlog for India and China

A visa backlog occurs when more applicants apply for immigrant visas than the number available each year. In the EB-1A category this means that even after your petition has been approved, you might need to wait before moving forward with the green card process.

The annual per-country limit is 7% of available employment-based green cards, but the demand from India and China exceeds this cap.

Applicants born in India or China, face EB-1 backlogs due to per-country limits. Unfortunately, these backlogs can add several years after I-140 approval, which is why is important you keep these time constraints in mind when planning your immigration to the US.

We recommend you to check the monthly Visa Bulletin to see current cutoff dates. Filing early is still valuable because your priority date determines your place in line.

During the wait, applicants typically maintain another status such as H-1B or O-1 and may be able to file adjustment of status once dates approach current.

Factors that affect EB-1A processing time

Several factors influence overall timing:

  • Petition quality: Strong, well-documented petitions are less likely to receive RFEs and generally move faster.
  • Service center workload: Processing times vary by USCIS service center and can change as workloads fluctuate.
  • RFE response timing: Responding to an RFE can add weeks or months, especially if the full response period is used.
  • USCIS policy changes: Updates in adjudication standards or priorities may affect processing speed.
  • Country of birth: Applicants born in India or China often face longer waits due to EB-1 visa backlogs.

WE CAN HELP

Need more clarity?

Find quick answers to frequent visa questions from our legal experts

Does being published in major media help in O-1 or EB-1A applications?

Yes. Evidence of press coverage—especially in reputable, independent outlets—is strong proof of recognition in your field. However, not all articles are born equal, and some are far more relevant than others. The article should be mostly about you and your work, have a listed author, and date.

How much documentation do I need to file a visa petition for an EB-1A or O-1A visa?

In US immigration processes, your claims must be more likely than not to be true. This means if something appears more true than false, USCIS should accept it as true. To meet this standard, the visa petitioner should provide documents that convincingly support the claim’s validity.

For instance, to prove you received VC funding, you could provide signed SAFE agreements with a VC, a published article about your funding round, and documentation about the relevance of the VC.

Keep in mind that theory and practice do not always perfectly align. It’s crucial you speak to an experienced legal team to avoid spending time and money on documentation that does not support your case.

How many criteria do I need to meet for each visa?

Both visas require meeting at least 3 criteria from their respective lists.

  • O-1A has 8 criteria.
  • EB-1A has 10 criteria (two additional ones apply to performing arts).

For EB-1A, meeting 3 criteria is only the first step, and it is generally recommended to apply with more than just the minimum.

USCIS also conducts a final merits determination to assess whether your overall profile shows that you are truly at the top of your field. The quality of evidence matters more than the number of criteria claimed.

Is the EB-1A cost similar to other immigrant visas?

Yes. Government filing fees for EB-1A petitions are generally comparable to other employment-based immigrant visas.

However, the total cost can vary significantly depending on legal fees, the complexity of the case, and whether optional services—such as premium processing—are used.

Does EB-1A have a visa backlog?

For most countries, EB-1A does not have a visa backlog and visas are immediately available.

However, applicants born in India and China typically face multi-year backlogs due to high demand.

Other blogs for every step of your visa journey

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EB-1A eligibility criteria - how can I strengthen my application?

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H-1B Premium Processing Fee - How much does it cost?

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