Process and timeline of the EB-1A green card
EB-1A: Current USCIS processing times for Extraordinary Ability applications and government fees.
Current USCIS processing times for Extraordinary Ability applications are approximately 16-20 months from the time it is filed. This is just an estimate, as processing times can fluctuate greatly depending on USCIS caseload and resources. USCIS regularly updates its website, with information on actual processing timelines. To avoid lengthy wait times, applicants have the option to premium process their application for an additional fee. If you choose to file the application with premium processing, USICS has 15 business days to issue a decision.
After carefully examining a petition, USCIS may then take one of the following actions:
- Approve the case. If your petition is approved, USCIS will send you a Form I-797 as an approval notice in the mail.
- Send a Request for Additional Evidence (RFE) or Notice of Intent to Deny (NOID).
The USCIS officer examining your case may ask you to submit further information to back up particular claims made in your application if the officer determines that there is not enough evidence to support approval. USCIS typically gives applicants up to 84 days to reply to both an RFE and a NOID.
- Reject your application; no RFE or NOID is required. If an application is clearly deficient, USCIS may opt to deny your application. If this happens directly, you can ask USCIS to reconsider or reopen their case or file an appeal with an appeals board.
The applicant will file form I-140 Immigrant Petition for Alien Worker. The cost is $700.Premium processing is available for the EB-1A Immigrant Visa category for an additional fee of $2500.
If the applicant is already in the U.S. and their priority date is currently based on the current visa bulletin found here, then they can submit the form I-485 Application for Adjustment of Status at the same time or once the I-140 has been approved. USCIS requires a filing fee of $1,140 for the I-485 application for the primary applicant. Any more members of the family cost $750.
The applicant may also use consular processing if they are outside of the U.S. The processing charge for consular visas for employment-based green cards is $325.
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