EB-1 Approval Rate: What the Numbers Reveal and What It Means For You

The EB-1 visa is often viewed as the gold standard for employment-based immigration to the U.S., and for good reason. Not only does the EB-1 often offer a faster path to a Green Card vs. other visa options, but it also offers more flexibility. EB-1 applications don’t require PERM labor certification (which can take 2+ years), and the EB-1A category allows for self-petitioning, which means applicants don’t need a U.S.-based job offer in order to pursue permanent residency.

But just how hard is it to get approved for an EB-1? And, as an applicant, what can you do to increase your chances of approval?

Let’s take a look at everything you need to know about the EB-1 approval rate, including current and past approval rates for the EB-1 category, common reasons for EB-1 denials, and tips for strengthening your petition and increasing your chances for success:

What Is the Current EB-1 Approval Rate in 2025?

According to data from U.S. Citizenship and Immigration Services (USCIS), the EB-1 approval rate for the full fiscal year 2025 is 81.2%.

In Q4 2025 (July through September)—the most recent quarter of data available—the EB-1 approval rate dropped to 73.9%, a decline from the 79.7% recorded in Q3.

Here’s a look at the USCIS data for the overall EB-1 approval rate in FY 2025:

Current EB-1 Approval Rate by Subcategory

The Q4 decline was driven primarily by EB-1A petitions, which saw an approval rate of just 53.4% in Q4 compared to 66.9% for the full year. EB-1B and EB-1C petitions continued to maintain approval rates above 96%.

Current EB-1 Approval Rate vs. Past Approval Rate Data

EB-1 approval rates for fiscal years 2020 through 2023 fluctuated, ranging from a low of ~65.6% (in 2023) to a high of ~83.9% (in 2022). Between 2024 and 2025 (through Q3), the EB-1 approval rate increased by over 7 points.

Here’s how the 2025 EB-1 approval rate compares to past years:

Why Is the EB-1 Approval Rate Relatively High?

EB-1 has a relatively high success rate compared to other visa categories for several reasons, including:

• It requires strong qualifications. The EB-1 category has a high bar for entry and requires applicants to prove that they meet the EB-1 eligibility criteria (for example, EB-1A applicants will need to prove their extraordinary ability in their field). These strict requirements generally deter non-qualified applicants from submitting petitions, which means that most of the petitions that are submitted are from qualified candidates, increasing the likelihood of approval.
• It demands significant documentation. As mentioned, applicants will need to provide proof they meet the EB-1 eligibility criteria. And to do so, they’ll need to gather a ton of documentation to back up their claim (for example, major awards, press coverage, letters of recommendation, and/or high salary data). This requires a lot of time and energy, not to mention available proof, all of which can weed out less qualified candidates before they submit a petition. 
• Clear eligibility criteria. USCIS offers clear guidance on what criteria applicants need to meet and what kind of evidence they need to submit. Knowing how their application will be reviewed can help applicants ensure that their petition meets all the necessary standards, reducing the risk of incomplete petitions and denials. 

Potential Reasons for EB-1 Denials and RFEs

It’s important to keep in mind that just because EB-1 approval rates are relatively high, it doesn’t mean that every petition will be approved. Many petitions also receive RFEs (requests for evidence) that can prolong the application process and/or are denied.

While circumstances around EB-1 petition RFEs or denials will vary, potential issues may include:

• Failure to meet minimum eligibility criteria. As mentioned, the EB-1 category has strict eligibility criteria. If the applicant doesn’t clearly meet at least three of the outlined criteria, USCIS will likely issue an RFE or denial.
• Insufficient documentation. Meeting the eligibility criteria isn’t enough to get an EB-1 petition approved; applicants need to prove they meet the eligibility criteria by submitting evidence that backs up their claim. But if their documentation is lacking (for example, vague or generalized letters of recommendation or missing/incomplete evidence), it can lead to the petition getting delayed or rejected.
• Lack of context. USCIS reviewers aren’t experts in every field. As such, they won’t necessarily recognize the importance of every applicant’s abilities in and/or contributions to their field. So, not only do applicants need to provide evidence of their extraordinary ability or achievements, they also need to offer context and explain why they matter. Otherwise, reviewers may not fully understand the strength of the application, increasing the risk of RFE or denial.

Tips to Improve Your EB-1 Approval Odds

Here are practical strategies to boost your chances of approval for any EB-1 category:

1. Know (And Meet!) The Criteria

As mentioned, USCIS offers clear guidance on EB-1 eligibility criteria, including what kind of evidence is acceptable in proving extraordinary ability and/or extraordinary achievement in your field. To increase the chances of getting EB-1 approval, make sure to directly address (and provide evidence and supporting documentation for) as many of these evidentiary categories as possible in your petition.

2. Gather Letters of Recommendation

Strong letters of recommendation for respected, esteemed, and/or well-known individuals in your field can go a long way in strengthening your EB-1 application. Aim to include at least three (and up to 10) letters of recommendation with your EB-1 petition. And remember, your colleagues, mentors, or other potential letter writers are likely busy, so make sure to reach out well in advance of your intended EB-1 petition submission date to give them plenty of time to get their letters written and back to you.

3. Create a Compelling Narrative

Again, while you’re intimately familiar with your field and your achievements in and contributions to it, the USCIS representative reviewing your petition may not be. Make sure to frame your experience and showcase your abilities in a way that’s easy to understand for people outside of your field.

In other words, don’t just tell the reviewer you’re extraordinary; paint the picture with a compelling narrative. The more convincing your story, the higher the likelihood that your petition will be approved.

Henry Lindpere, Senior Counsel at Manifest Law, explains: “The biggest weakness I see in EB-1A petitions is that they are written without really thinking about the reader. The USCIS officer reading the case is not a subject matter expert from the same industry. They do not understand the vocabulary and, most importantly, do not share the same assumptions. To craft a strong petition, the self-petitioner must look at their own case critically and not assume that everything they say makes sense, because to an unfamiliar reader, it often doesn’t. That is where an experienced attorney can add tremendous value.”

4. Work With an Immigration Attorney

The EB-1 petitioning process can be complex, especially if you’re attempting to navigate the process on your own. There are so many rules, regulations, and requirements to stay on top of—and if you miss anything, you could risk your application being denied.

An experienced immigration attorney can help make all things EB-1 feel more accessible, answering questions, offering support and legal advice, and walking you through every step of the application process. An experienced EB-1 attorney can also help you structure your petition in a way that speaks to USCIS standards, helps you stand out from other applicants, and increases your chances of approval.

Increase Your Chance of EB-1 Approval With Manifest Law

EB-1 visas have a relatively high approval rate. But again, that doesn’t mean approval is a given; it all comes down to the strength of your petition.

Meeting USCIS eligibility criteria (and proving it in your petition), assembling detailed recommendation letters, and the way you tell your story in your petition can all dramatically improve your chances of approval, as can working with an experienced EB-1 visa lawyer.

At Manifest Law, our immigration lawyers have helped thousands of creative professionals secure EB-1 approval. Our team knows the ins and outs of the entire application and approval process and can help you build a compelling petition with a high chance of success.

Ready to build a strong EB-1 petition? Schedule a consultation today to learn more about how Manifest Law can help!

Frequently Asked Questions

How long does it take to get an EB-1 Green Card?

The EB-1 visa process is broken down into two steps: Immigrant Visa Petition Approval (via Form I-140) and actually obtaining permanent residency via a Green Card. Getting your EB-1 petition approved can take as little as 15 business days with Premium Processing. However, getting your actual Green Card is a much longer process, taking an average of 1.5 to 2 years. (Processing time can vary based on a variety of factors, including service center, current wait times, and country-specific backlogs.)

What is an RFE, and how can I avoid one?

Receiving a Request for Evidence (RFE) means USCIS needs more information to make a decision about your petition. You can reduce the chance of an RFE by submitting clear, well-supported documentation upfront, which an immigration attorney can help you organize. However, it is important to note that even with well-crafted petitions, there is a chance that USCIS issues an RFE, especially during periods where they receive an overwhelming number of filings and do not have the resources to review all of them in a timely manner. This is what happened in early 2025.

Do I need an employer to apply for EB-1?

EB-1A applicants can self-petition, which means they don’t need a U.S. employer or job offer to submit an application. They can submit the case entirely on their own, although recommendation letters from current employers do help the case. EB-1B and EB-1C require employer sponsorship, which means the petition can only be filed by the company sponsoring you.