EB-1 Visa Processing Times: How Long Does It Take in August 2026?

How long does EB-1 processing take in August 2026?

As of August 2026, USCIS takes 15.5 to 30 months to complete 80% of EB-1 petitions. Where a case falls in that range depends mostly on the category: petitions for outstanding professors and researchers are moving much faster than those for extraordinary ability or multinational executives.

Form I-140 processing times for EB-1 petitions, per the USCIS Processing Times tool. Figures show how long USCIS takes to complete 80% of cases.

The I-140 petition is the first step in the EB-1 Green Card process. What happens next depends on where the applicant lives.

Those already in the U.S. file Form I-485 to adjust status, which currently takes 8.5 to 38 months. Those abroad instead complete Green Card consular processing at a U.S. embassy or consulate. Applicants filing Form I-485 can sometimes shorten the wait by filing both forms at once, a strategy called concurrent filing.

🔎 Want to see how long USCIS takes to process most immigration forms and petitions? Check out our processing times guide for a complete breakdown.

How long does each EB-1 category take?

The three EB-1 categories (EB-1A, EB-1B, and EB-1C) share one I-140 petition, but are adjudicated by USCIS at very different speeds.

How long does the EB-1A take?

Out of the three EB-1 subcategories, standard processing for the EB-1A can take as long as 30 months for 80% of applicants. However, foreign nationals can file Form I-140 on their own, without the need to wait for an employer sponsor or job offer.

How long does the EB-1B take?

The EB-1B takes 15.5 months to process, as of August 2026. It has the shortest average wait time for regular I-140 processing, but keep in mind that a U.S. university or research employer must file the petition on the applicant's behalf.

How long does the EB-1C take?

Most EB-1C petitions take 26.5 months to complete with standard processing. The sponsoring U.S. employer files the petition, and the applicant must have worked for a related company abroad for at least one of the past three years.

How has EB-1 processing time changed month over month?

Between December 2025 and August 2026, EB-1 processing times have changed dramatically by category.

Within the past eight months, the average standard processing for an EB-1A I-140 decision has jumped by approximately a year. EB-1C wait times have crept up by 6 months, but the EB-1B has moved in the opposite direction. For outstanding professors and researchers, regular processing times have decreased by 3 months over the same period of time.

Historical Form I-140 processing times by EB-1 category, from official USCIS monthly snapshots. Each figure shows the time within which 80% of cases were completed that month.

The biggest takeaway from this data, according to Manifest immigration attorney Ana Gabriela Urizar, is that applicants should not hesitate to file Form I-140 as soon as they are ready. “We don’t know if these standard wait times are going to get longer, given that the EB-1 backlogs continue to increase per fiscal year quarter,” she says. “An EB-1A petition filed with premium processing in August 2026 gets a response roughly 29 months sooner than one filed without it.”

What is the full EB-1 timeline from start to Green Card?

The full EB-1 timeline includes evidence gathering, filing Form I-140, waiting for your priority date to become current, and then the final Green Card application. Each stage has its own wait time, though your own case may take shorter or longer.

Phase 1: Case preparation

Before filing, EB-1 applicants must prepare the evidence needed to fill out Form I-140. How long this takes varies a lot by case, mostly on how many documents are already on hand. “A well-organized, thoroughly documented petition moves faster through USCIS review,” says Manifest immigration attorney Urizar. “Working with an experienced EB-1 lawyer at this stage can also shorten the preparation timeline itself.”

Phase 2: I-140 processing

After filing, USCIS review currently takes 15.5 to 30 months with regular processing, or 15 or 45 business days with premium processing.

Phase 3: Waiting for your priority date to become current

An approved I-140 does not by itself grant a Green Card. Before these applicants can apply to become permanent residents, they must wait for their priority date to become current.

The EB-1 category has the shortest wait times in the Visa Bulletin, which dictates when someone can pursue an adjustment of status (AOS) or Green Card consular processing. However, applicants from India and China face backlogs due to per-country annual limits.

Want to see when you can file for your EB-1 Green Card? Check out our priority date calculator, or visit our EB-1 India or EB-1 China priority date guides.

Phase 4: The Green Card application

Once their priority date becomes current, EB-1 applicants can file for permanent residence through an adjustment of status (AOS) or Green Card consular processing. They don’t need to wait for the I-140 to be approved first. For applicants currently based in the U.S., this process currently takes 8.5 to 38 months for employment-based cases.

Applicants abroad instead apply for an immigrant visa at a U.S. embassy or consulate using Form DS-260, and this step takes several months to adjudicate.

Is premium processing worth it for the EB-1 visa?

Premium processing is usually worth it for EB-1 applicants who need certainty on a deadline, since it turns a wait of 15.5 to 30 months into a response within 15 or 45 business days. The tradeoff is the cost: USCIS raised the premium processing fee for Form I-140 from $2,805 to $2,965 effective March 1, 2026 (Federal Register, January 12, 2026).

Two limits are worth understanding before paying the fee. Premium processing guarantees a response, not an approval, and the response can be a Request for Evidence rather than a decision. It also speeds up only the I-140 stage: the I-485 or consular process stage and any priority wait move at their own pace. Our premium processing guide covers the fees and timelines for every eligible form.

Whether the fee makes sense depends on the case, according to Urizar. “Applicants facing a hard deadline, such as an expiring work visa, often find it worthwhile if EB-1 visa costs are not a constraint,” she says. “Petitioners with flexible timelines and tighter budgets may prefer regular processing, especially in the faster EB-1B category.”

How to check your EB-1 processing time

To estimate how long a pending or planned petition might take, use the official USCIS Processing Times tool and fill out each field as below:

• Form: Form I-140 (Immigrant Petition for Alien Workers)
• Form Category: either Extraordinary ability (E11), Outstanding professor or researcher (E12), or Multinational executive or manager (E13)
• Service Center: USCIS now publishes I-140 processing times under a single office called Service Center Operations (SCOPS), so select that option. Your receipt notice (Form I-797) shows where your individual case is pending.

The tool also shows when USCIS will accept a case inquiry. As of August 2026, petitioners can submit an “outside normal processing time” inquiry once an EB-1A case has been pending more than 33 months, an EB-1B more than 19.5 months, or an EB-1C more than 28 months.

What can delay an EB-1 petition?

For EB-1 petitions, the biggest causes of delay are usually Requests for Evidence (RFE), case complexity, and USCIS workload.

Manifest immigration attorney Urizar says that if your case receives an RFE, your application can get stalled by several weeks or even months. “Even if you filed for premium processing, USCIS will not make a decision in your I-140 petition until they receive your response and review its contents,” she says. “Weak or disorganized evidence makes an RFE more likely, so my suggestion is always to consult with an attorney that understands EB-1 adjudication trends before filing.”

Service center backlogs and staffing also shift wait times from month to month, which is why the published range moves so much.

⛔ An RFE is not a denial, but it can add months to your timeline. See what triggers EB-1A RFEs and how to respond.

Start your EB-1 process with confidence

If you’re unsure about how the EB-1 application process works or how long it may take, consider consulting with an immigration attorney. On top of providing legal advice, they can help you better understand the process, avoid unnecessary delays, and ensure that your petition is as strong as it can be before filing.

At Manifest Law, we have a team of legal counsel dedicated to working on complex EB-1 petitions. Founded by immigrants and advised by former USCIS staff, our team is here to make your entire EB-1 journey as smooth as possible, and we’re committed to making your dreams of permanent residency in the U.S. a reality.

Ready to get started? Request a consultation with one of our EB-1 lawyers today and take the first step toward securing your EB-1 Green Card.

FAQs about EB-1 visa processing time

Is processing time different for EB-1A vs. EB-1B visas?

Yes, and the gap is wide in August 2026: EB-1A petitions take 30 months with regular processing, while EB-1B petitions take 15.5 months. Both categories use Form I-140 and both qualify for premium processing with a 15 business day response. The strength and complexity of the evidence in a specific case can still push an individual petition outside the published range.

Does premium processing speed up the whole Green Card process?

No. Premium processing shortens only the Form I-140 review, from 15.5 to 30 months down to 15 or 45 business days for a $2,965 fee. The adjustment of status or consular processing stage still takes its normal time, and applicants born in India or China still wait for their priority date to become current before a Green Card can be approved.

Why are EB-1A processing times increasing in 2026?

USCIS data shows EB-1A processing times rose from 18 months in December 2025 to 30 months in August 2026, while EB-1B times improved over the same period. USCIS does not publish reasons for the shift.

Can I file for an EB-1 visa without a lawyer?

Yes, it is possible to file for an EB-1 visa without a lawyer. You or your employer can submit Form I-140 to petition for EB-1 status. However, because of the complexity of the EB-1 requirements and the importance of a well-supported application, many applicants choose to work with an experienced immigration attorney to increase their chances of approval and minimize the potential for delays or denials.

Can an EB-1 visa lead to a Green Card?

Yes, the EB-1 is an immigrant petition, meaning it leads directly to permanent residency. Once someone’s priority date is current, the applicant can choose to file for adjustment of status in the United States (Form I-485) or wait for the I-140 to be approved first, even though it is not a requirement. If the applicant is outside the United States, they need to apply for an immigrant visa at a U.S. embassy or consulate abroad (Form DS-260). Employment-based adjustment of status currently takes 8.5 to 38 months.

What about EB-1 processing for dependents?

A spouse and unmarried children under 21 get their Green Cards through the same approved I-140, so they do not need separate petitions. Each family member does need their own I-485 or DS-260, depending on whether they apply from inside the U.S. or through a consulate abroad. Families can also split the two paths, with some members adjusting status in the U.S. while others process abroad.

Do EB-1 applicants from India or China wait longer?

Yes. Applicants born in India or mainland China face an extra wait after I-140 approval because EB-1 demand from those countries exceeds the annual per-country visa limits. Per the August 2026 Visa Bulletin, the EB-1 final action date is October 15, 2022 for India and July 1, 2023 for China.