Nowadays, a large number of people are heading toward the US, some for a visit and others for education and employment purposes. People study and settle down there by availing green cards. But getting a green card is not that easy as the immigrant needs to fulfill all the requirements for a specific type of green card.
One of those types is the EB1 green card which means an employment-based green card. If a person is having extraordinary abilities in any field like research, teaching, and being a multinational manager, then he can be said as eligible for the EB1 visa. If an immigrant is going for EB1 then he must know about the EB1 green card processing time as it depends on the type of green card.
EB-1 Green Card Processing Time Application Steps:
A petitioner should keep in mind that following all the steps appropriately, automatically reduces the waiting time. So first of all, the perks of qualifying for the EB-1 category are that the petitioner doesn’t need any sponsor as he can file the petition by himself. Secondly, the type of service center has a lot to do in processing time with which we file our form I-140.
Now the documents will be filed either by e-filing or by hard copies. After the I-140, here comes I-485 for the adjustment of status which takes about 6 months so concurrent filing is preferred for the speedy process.
I-140 Petition For Immigrant Workers:
The petitioners file form I-140 for their alien beneficiaries. Form I-140 is either filed by an applicant or the sponsor. It depends on the type of visa. The EB-1 and EB-2 qualifiers can file the form I-140 by themselves but other beneficiaries will need sponsors. It is filed to the USCIS to consider the beneficiary for an employment-based visa. Filing the form I-140 takes lesser time than other green cards and can still file for premium processing.
Form Fill up I-485:
Form I-485 is filed for many factors including employment, family, and asylum. We can say that the second name of form I-485 is the adjustment of status. It can take nearly 8 to 14 months. The best thing about form I-485 is that the applicant doesn’t have to return to the homeland for visa processing and can avail the opportunity to live in the US. Filing for I-485 costs about 1,140$.
EB-1 Green Card Concurrent Filing:
Concurrent filing means filing the forms I-140 and I-485 together so that it will take lesser time as compared to the separate filing. The individuals who are eligible for the EB-1, EB-2, and EB-3 categories can avail this opportunity. But the conditions are that the PERM date should be approved and the priority date is recent.
Concurrent filing has accelerated the whole process as the petitioner doesn’t have to wait for the I-140 approval for filing I-485 anymore. Not only this, the applicant can go for EAD(Employment Authorization Document) at the same time.
EB-1 Green Card Consular Processing:
If we are applying for the EB-1 green card from our own country rather than the US, then the processing will be through the US DOS(department of state) consulate which is referred to as consular processing. The consular processing although has the same eligibility criteria as the AOS they have differences in forms, expenses, and required documents. So the person should make sure that which one will be easy according to the situation. When the application has been approved, the DOS center will receive the petition from the US.
EB-1 Premium Processing:
If a petitioner doesn’t have enough time to wait for the EB-1 processing then there is another option. Premium processing ensures that the processing will be done within 15 calendar days. This service is available for all EB-1, EB-2, and EB-3 processes. All they have to do is requesting for premium processing when filing. If the USCIS has not processed the application in 15 calendar days, then they will have to return the premium processing fee. Within 15 days, they will send the denial or approval letter or a request for RFE and NOID proofs.
EB-1 A Premium Processing Time:
The premium processing service is also called an expedited service by which we don’t have to wait for so long. By this service, the applicant gets the approval or denial letter in just 15 days. The dues for the premium processing service are 1,410$ which are refunded on late processing. The other thing to note is that the person has to wait for the next 15 days if he gets the request for additional.
EB-1 Outside People With Extraordinary Abilities:
EB-1A is the kind of appreciation for the people who did a great job in their fields and have done an exceptional part in that field. They are experts with medals and awards granted for their remarkable works. But as the EB-1A is one of the categories of the EB-1 green card.
EB-1A green card is for the people who are exceptional in sports, science, business, education, motion pictures, and art. EB-1A is considered eminent over the other categories. So because of this remarkability, it is having a strict check and balance, for instance, proofs of the individual’s abilities.
The proofs include awards, achievements evidence, work published in any well-known publication or having a membership in any professional association, etc. Even if an individual is making a good figure salary, this is also an ability to qualify for the EB-1A green card.
EB-1 Professors And Researchers:
EB-1B green card is the 2nd one in remarkability and prestige made for commendable researchers and professors. This shows how the educational field is given much importance. The individual’s achievements must be internationally recognizable. The sole purpose of coming to the US and applying for a green card should be working in that particular field of individual excellence. The applicant should have at least three years of proficiency in their respective field and a strong grip.
Like the EB-1A’s conditions, we have some criteria for qualifying EB-1B.
First of all, the individual has done a significant part in the scientific or academic field. His works have achieved prominence worldwide, which made him get medals, Nobel prizes, or awards.
Being a member of any organization or association requires being proficient to be a part of that. Moreover, if the individual’s written works, like books and articles, are published in well-known academic journals, it means that he is efficient enough to qualify EB-1B.
Multinational Executives and Managers:
The third category of the EB-1 is the EB-1C designed for individuals working in any organization in the US. The individuals should be efficient enough to work as the executive manager. The individuals must have working experience of at least 1 year with the foreign organization.
As he is the executive, he should be able to make significant decisions without anyone’s help; he should supervise the whole team. Moreover, the Processing time of the EB-1C and other categories depend on the individual’s abilities and eligibility.
Which EB-1 Visas Qualify?
By qualifying, it means qualifying for the premium processing. Sometimes, we don’t have enough time to wait for the processing; premium processing helps out in this case which is not applicable for all categories.
For instance, only EB-1A and EB-1B applicants can qualify for the premium processing. This is why executives and managers have to wait for a longer time than the other ones. Still, if a person is unsure how to qualify for premium processing or which category qualifies, he can contact an EB-1 lawyer.
PERM Labor Certification For foreign Nationalities:
The purpose of regulating the PERM labor certification is to ensure that there is no US citizen qualifying for that particular post. In this case, the employer has to run the post ads for about 30 days and take interviews. But still, if no one qualifies, the applicant shall be approved.
The department of Labor takes charge of this process. The PERM certification is required for EB-1 and EB-2 but not for the EB-3 visa.
EB-1 Processing Time Delays, RFE:
The processing time depends on our eligibility and the way we apply, for instance, giving the appropriate information. If we receive RFE, our processing time can be increased. RFE means the request for evidence. This means that the documents and other proofs of our achievements that we submitted were not enough, and something is lacking. So after getting RFE, the applicant should go to the attorney for guidance about how much time he has to submit the required evidence.
The applicant needs to be extra efficient here as it is the last chance after which the application will be rejected. NOID is a serious form of RFE that should be responded to soon as possible. In short, if a person wants to speed up the process, he must respond and submit all the requirements.
Priority Dates Work For EB-1 Visa?
Priority dates do have an impact on the processing time of the EB-1 visa so ut can’t be disregarded. Every month the priority dates are listed by the department of state. These are final dates according to the type of green card and the country from where the application is being filed. So this date is too important and is unchangeable. It is the date when the USCIS receives the person’s petition. The final date can stop, go back and continue according to the specific set limits. As soon as the final action date has gone, an applicant can go forward.
EB-1 Green Card Processing Time 2022 India:
EB-1 green card processing time is about 8 months in 2022 in India. As soon as the person gets the approval letter from the EB-1, then it further takes a few months. Getting permanent residence after approval can take almost 6 months. In addition to these estimates, we can check the DOS visa bulletin. According to the visa bulletin 2022, the applicants from India can file for the EB-1, keeping in mind the final action dates of the particular month.
Applicants can check their application status through case status checks online. As we can see that the EB-1 category is listed as current, which means there will be no time extension.
People Also Ask.
How long does it take to get I-140 approved in EB-1?
If a person is filing for I-140 based on extraordinary qualities then he will file by the EB-1. Getting the EB-1 approved takes about 6 months which can exceed if there is a caseload on that particular region’s service. In this condition, premium processing will help.
Is there an interview for EB-1 green card?
Having a look at past circumstances, we will come to know that a large number of applicants got their interviews waived. Although the majority of those applicants were EB-1 changes in the political administration can not be ignored so it is better to get ready for the interview.
Is EB-1 faster than EB-2?
Yes, the EB-1 processing time is faster than EB-2. EB-2 takes about 18 months to get approved which is more than EB-1. The reason for this difference is the requirement of PERM which is necessary for the EB-2 and priority dates are current in EB-1 making it faster.
Can EB-1 be rejected?
Yes, it can also be rejected if the requirements are not fulfilled appropriately. But the rejection rate of the EB-1 is lower than the other categories. Its rejection rate is 50%. Moreover, the denial rate of the EB-1 B is just 9%.
EB-1 is the appreciation for people with extraordinary abilities like researchers, professors, and multinational managers. Besides this, EB-1 green card processing time is less than other categories which are 8 months, and even lesser when using premium service.