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What is the success rate of EB1?

Published in Immigration Visa Success Rate 3 mins read

The success rate for the EB-1A (Extraordinary Ability) visa, a subcategory of the EB-1 (Employment-Based First Preference) visa, is generally around 70%.

Understanding the EB-1 Visa Category

The EB-1 visa category is designated for priority workers and is highly sought after due to its potential for a faster path to a green card compared to other employment-based categories. It encompasses three distinct subcategories, each with specific requirements:

  • EB-1A: Extraordinary Ability

    • This subcategory is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, demonstrated by sustained national or international acclaim.
    • Key Feature: The EB-1A visa is unique because it does not require a job offer or employer sponsorship. Individuals can self-petition for this visa.
    • Criteria: While offering significant advantages, the criteria for meeting EB-1A requirements are considerably more stringent than those for many other visa categories, contributing to its generally high, yet specific, approval rate of approximately 70%. Applicants must typically meet at least three of the ten listed criteria or provide evidence of a one-time achievement of major, internationally recognized award.
  • EB-1B: Outstanding Professors and Researchers

    • This category is for professors and researchers who are recognized internationally for their outstanding academic achievements in a particular academic field.
    • Requirement: It generally requires an offer of employment from a U.S. university or research institution.
  • EB-1C: Multinational Managers or Executives

    • This subcategory is for managers or executives who have been employed abroad by a qualifying entity for at least one year within the three years preceding the petition, and are seeking to enter the U.S. to continue employment with the same employer in a managerial or executive capacity.

Key Characteristics of EB-1A Visas

To summarize the EB-1A visa's notable features regarding its success rate and requirements:

Feature Description
Approval Rate (EB-1A) Approximately 70%
Job Offer Required No
Employer Sponsorship Not required; allows for self-petitioning
Criteria Difficulty Higher and more stringent than many other visa categories

Factors Influencing EB-1A Success

The high approval rate of 70% for EB-1A petitions reflects the demanding nature of its eligibility criteria. Key factors that contribute to a successful EB-1A petition include:

  • Strength of Evidence: Applicants must provide substantial and compelling documentation to prove extraordinary ability, such as:
    • Major internationally recognized awards (e.g., Nobel Prize, Pulitzer Prize, Oscar).
    • Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance.
    • Authorship of scholarly articles in professional journals or major media.
    • High salary or other remuneration for services.
    • Critical role in organizations with a distinguished reputation.
  • Adherence to USCIS Criteria: Successfully demonstrating that at least three of the ten specific criteria outlined by USCIS are met.
  • Quality of Petition: A meticulously prepared and well-organized petition that clearly articulates how the applicant meets the requirements is crucial for a favorable outcome.