- EB-1 category receives 28.6% of all employment-based immigrant visas annually – This priority allocation translates to approximately 40,040 visas per year, providing the fastest path to permanent residency for highly skilled professionals
- Approval rates vary significantly by subcategory – EB-1B approvals exceed 80%, EB-1C ranges 70-80%, while EB-1A has declined from 70.50% to 60.65% between fiscal years 2023 and 2024
- Annual visa numbers can retrogress based on demand – Applicants should monitor the monthly Visa Bulletin for current availability; petitions can be adjudicated even when visa numbers are temporarily unavailable
- Expert legal guidance dramatically improves outcomes – With tightening adjudication standards and a 99%+ approval rate, Alma's immigration services deliver comprehensive petition support with guaranteed 2-week document preparation turnaround
- Premium processing costs $2,805 but doesn't overcome numerical limits – Fast adjudication helps, but annual visa caps remain the primary bottleneck for qualified applicants
Critical data compiled from USCIS adjudications, State Department visa bulletins, and Congressional immigration research
EB-1 Visa Allocation and Annual Limits
- The EB-1 category receives 28.6% of the yearly worldwide employment-based immigrant visa allocation. Under the Immigration and Nationality Act, EB-1 visas receive 28.6% of the annual employment-based quota. This preferential allocation reflects the category's priority status for individuals with extraordinary abilities, outstanding researchers, and multinational executives.
- Approximately 40,040 EB-1 visas become available each fiscal year, plus unused numbers from other categories. The numerical limit stands at roughly 40,040 visas annually, with potential for additional numbers if fourth and fifth preference categories don't use their full allocation. This base allocation provides substantial opportunity for qualified applicants, though demand often exceeds supply. Understanding these numerical constraints helps applicants time their filings strategically with immigration attorneys like those at Alma.
- Visa availability for EB-1 can retrogress during a fiscal year based on demand. The State Department manages visa number availability through the monthly Visa Bulletin, which indicates when categories become oversubscribed and priority dates retrogress. Applicants should monitor the Visa Bulletin regularly for current availability updates. Importantly, petitions can be adjudicated even when visa numbers are temporarily unavailable, allowing applicants to secure their priority date while waiting for numbers to become available. USCIS may adjudicate the I-140 while the Visa Bulletin is retrogressed; the immigrant visa or adjustment cannot be finalized until the Final Action Date is current.
- The EB-1, EB-2, and EB-3 categories combined account for 86% of all employment-based green cards available annually. Congressional Research Service analysis confirms that these three categories sum to 120,120 visas and represent 86% of the 140,000 total employment-based allocations. The EB-1 category's share within this dominant group underscores its importance in the overall employment immigration system. Applicants should understand how EB-1 compares to alternative paths like EB-2 NIW when evaluating options.
EB-1 Approval Rates by Subcategory
- EB-1A approval rates for extraordinary ability cases dropped from 70.50% in FY 2023 to 60.65% in FY 2024. USCIS adjudication data shows EB-1A approval rates declined by nearly 10 percentage points year-over-year. This tightening standard reflects more stringent evidence requirements and heightened scrutiny of extraordinary ability claims. The declining approval rate emphasizes the critical importance of comprehensive petition preparation and expert legal representation to meet evolving adjudication standards.
- EB-1B approval rates for outstanding professors and researchers often exceed 80%. The EB-1B subcategory maintains approval rates above 80% due to more objective, defined criteria including published research, citations, and academic positions. This higher success rate stems from clear benchmarks that academic institutions and researchers can readily document. Research professionals benefit from the category's recognition of scholarly achievements that are quantifiable and verifiable.
- EB-1C approval rates for multinational executives and managers typically range between 70-80%. Corporate transfers under EB-1C show approval rates of 70-80%, reflecting established relationships between U.S. and foreign company entities. The relatively high approval rate results from clear corporate documentation of managerial roles and organizational structures. Companies using Alma's business immigration platform can leverage these favorable odds with streamlined case management and compliance tracking.
Employment-Based Immigration Volume and Trends
- Employment-based immigrants and their family members numbered 196,760 in FY 2023, representing 16.8% of all lawful permanent resident recipients. The latest statistics show employment-based immigration constituted 16.8% of total green card issuances. This proportion demonstrates that employment pathways remain a significant but minority component of overall U.S. immigration. The data contextualizes EB-1 within the broader immigration landscape.
- Annual employment-based immigration has fluctuated from a low of 81,727 in FY 2003 to a peak of 270,280 in FY 2022. Historical trends reveal substantial variation in annual volumes, with recent years seeing dramatically higher numbers. The FY 2022 peak resulted from pandemic-related processing backlogs and unused family-based numbers rolling over to employment categories. Understanding these fluctuations helps applicants anticipate potential processing variations and visa availability changes.
Processing Times and Premium Processing
- Premium processing is available for EB-1 petitions for an additional $2,805 fee. USCIS offers expedited 15-day processing for a $2,805 premium fee, though this only accelerates the I-140 adjudication stage. While premium processing provides faster petition decisions, it cannot overcome annual numerical limitations or priority date backlogs. Applicants should understand that premium processing addresses adjudication time, not overall green card timeline, particularly for countries with retrogression.
- Most prospective employment-based immigrants adjust status while already residing in the United States. Department of Homeland Security data indicates that most EB immigrants adjust status domestically rather than processing through consular posts abroad. This pattern reflects the reality that many EB-1 applicants are already working in the U.S. on temporary visas like H-1B, O-1A, or L-1A status. Adjustment of status provides continuity of employment and U.S. residence during green card processing.
Request for Evidence Rates and Documentation Requirements
- Comprehensive documentation and expert petition preparation significantly impact approval likelihood. The declining EB-1A approval rates from 70.50% to 60.65% suggest increased scrutiny and documentation requirements. Stronger initial evidence packages reduce RFE likelihood and improve overall approval chances. Alma's immigration attorneys specialize in comprehensive petition development, with up to 3 free consultation calls per matter ensuring thorough evidence collection and presentation.
- EB-1 applications require meeting specific criteria for extraordinary ability, outstanding research, or executive experience. Each EB-1 subcategory has distinct evidentiary standards, with EB-1A requiring documentation of sustained national or international acclaim. Meeting these criteria demands careful evidence selection, expert letters, and persuasive presentation. The difference between approval and denial often lies in petition quality rather than underlying qualifications.
Strategic Advantages of Expert Legal Representation
The statistics reveal a complex landscape where approval rates vary by category, processing times depend on country of birth, and annual limits create unpredictable visa availability. In this environment, working with experienced immigration counsel becomes critical.
Alma's immigration legal services offer several advantages aligned with the statistical realities:
- 99%+ approval rate backed by seasoned attorneys who understand evolving adjudication standards
- Guaranteed 2-week document preparation turnaround to enable early fiscal year filing before visa retrogression
- Transparent flat-rate pricing at $10,000 for EB-1 applications, with no hidden administrative charges
- Comprehensive RFE response support included in Growth and Enterprise business plans
- Real-time case tracking through platform dashboards that provide full transparency on petition status
For entrepreneurs and founders, STEM professionals, academics and researchers, and executives, the EB-1 category offers the fastest employment-based path to permanent residency—when properly prepared and strategically timed.
Companies managing multiple EB-1 cases benefit from Alma's business immigration platform, which provides compliance tracking, automated amendment alerts, and audit-ready records for HR teams. With built-in trackers, proactive alerts, and HRIS integration with systems like Workday, ADP, and BambooHR, employers maintain complete oversight of their immigration portfolio.
Alternative Pathways and Combination Strategies
Given the tightening EB-1A approval rates and country-specific backlogs, many applicants pursue dual strategies. For those who qualify for both EB-1 and EB-2 NIW, filing concurrent petitions provides backup options and potential priority date advantages. Alma offers reduced pricing of $7,000 for EB-1 or EB-2 NIW applications when the applicant has an approved O-1 visa, recognizing the overlapping evidence requirements.
Recent graduates on OPT or STEM OPT extensions may transition to EB-1 through employer sponsorship or self-petition if they have developed extraordinary achievements early in their careers. The statistics show that while challenging, successful EB-1 petitions remain achievable with proper preparation and compelling evidence.
Frequently Asked Questions
EB-1 approval rates vary significantly by subcategory. EB-1A approvals stand at 60.65% for FY 2024, down from 70.50% the previous year. EB-1B maintains rates above 80%, while EB-1C typically ranges between 70-80%. The variation underscores the importance of category selection based on individual qualifications and the value of expert legal counsel to maximize approval chances.
Premium processing guarantees I-140 petition adjudication within 15 days for a $2,805 fee. However, total timeline to permanent residency depends on priority date movement and final adjustment of status or consular processing. For applicants from countries without backlogs, total timeline may be 1-2 years. For Chinese and Indian nationals, priority date backlogs extend total timelines to 2-3+ years beyond petition approval.
EB-1B for outstanding professors and researchers demonstrates the highest approval rates exceeding 80%. The category's success stems from objective criteria including published research, citations, academic positions, and peer recognition. EB-1C follows with 70-80% approval rates, while EB-1A extraordinary ability cases have the most stringent standards with 60.65% approval in FY 2024.
Both EB-1 and EB-2 follow similar I-140 processing timelines, though EB-1 has historically enjoyed faster priority date movement and better visa availability. The key distinction lies in numerical allocation—EB-1 receives 28.6% of employment-based visas versus EB-2's 28.6% (which must be shared with EB-2 NIW, EB-2 PERM, and all dependents). For applicants qualifying for both categories, filing concurrent petitions through dual EB categories preserves the earliest possible priority date.
The potential for visa number retrogression during the fiscal year demonstrates the importance of early filing. Optimal strategy involves submitting petitions early in the fiscal year (October-November) to secure the earliest possible priority dates. Alma's guaranteed 2-week document preparation turnaround enables rapid case filing to maximize visa availability. Applicants should monitor the monthly Visa Bulletin for current availability and retrogression updates.
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