EB-1 Visa Processing Time

Processing time for EB-1 visa is much shorter than other green card applications as your petitioning employer does not need to go through the process to obtain a labor certification.

Every month the US Department of State publishes the visa bulletin to show which family-based and employment-based green cards applications can move forward to apply for the visa. Every fiscal year (1^st of October – 30^th of September), approximately 140,000 employment-based visas are available to qualified applicants and each country is limited to receive 7% of green card (which is 9,800). As a result, applicants from countries with high number of applications such as China and India may need to wait awhile to submit their application.

When reading the visa bulletin, the most important word you need to become familiar with is “priority date”. Since labor certification is not necessary, the date you or the employer filed the Form I-140 petition with USCIS will become your priority date. If you see a “Current (C)” in the box where your column meets your row, that means there is no quota backlog and you can now file your Form I-485.

If in case there is a date, that is the “cut-off date”. To check when you can file your application, you will need to compare this date with your priority date. If your priority date is on or before the cut-off date, this means that you can file your application now but if your priority date is after the cut-off date you will need to keep waiting.

Another important word that you must be aware of is the “final action date”. This date is a cut-off date that controls visa number available for this month. If it shows “Current (C)” on the chart, then your pending application is eligible for approval. If your priority date is before the final action, this means your pending application is ready for approval.

Visa Bulletin – September 2020

Chart A – Final Action Dates for Employment-Based Preference Cases:

This chart shows which of the priority dates are now at the front of line for approval

	World	China	El Salvador, Guatemala, Honduras	India	Mexico	Philippines	Vietnam
1st	Current	01 Mar 18	Current	01 Mar 18	Current	Current	Current
2nd	Current	15 Jan 16	Current	08 Jul 09	Current	Current	Current
3rd	01 Apr 19	15 Feb 17	01 Apr 19	01 Oct 09	01 Apr 19	01 Apr 19	01 Apr 19
Other Workers	01 Apr 19	01 Aug 08	01 Apr 19	01 Oct 09	01 Apr 19	01 Apr 19	01 Apr 19
4th	Current	Current	01 Apr 17	Current	15 Jun 18	Current	Current
Certain Religious Workers	Current	Current	01 Apr 17	Current	15 Jun 18	Current	Current
5th Non-Regional Center (C5 and T5)	Current	15 Aug 15	Current	Current	Current	Current	01 Aug 17
5th Regional Center (I5 and R5)	Current	15 Aug 15	Current	Current	Current	Current	01 Aug 17