The first thing to know about the processing time for any visa is that there are often several factors that cause it to vary widely. The first is the caseload of the service center that is processing your petition—the busier the center, the longer it will take to process. The second factor is the complexity of your case. If the USCIS issues an RFE or a NOID, it will cause delays in your processing.

Thirdly, you will need to factor in your priority date and how long it will take to become current, which varies based on your country of origin. Fortunately, unlike the other employment-based green cards, you do not have to add the PERM processing time into your overall timeline.For H1B Visa Process Visit UT Evaluators

I-140 Processing Time

The first step to getting an EB-1 is filing an I-140 petition with the USCIS. This is the step that is the most susceptible to delays based on the first two factors mentioned above. The service center’s caseload and the complexity of your case will influence how long it takes to process the petition. On average, however, it takes about six months to process.

If a six month average is too long for you, you can opt to pay an extra fee for premium processing, which will expedite your petition’s processing time down to just 15 calendar days. This does not increase your chances of getting approved and it is not available for the EB-1C.

The I-140 can also be delayed depending on this next aspect of the EB-1 processing time, the status of your priority date.

Priority Dates

Your EB-1 green card priority date is the day that the USCIS obtains your I-140. You will need to check the Department of State’s monthly visa bulletin for the latest posted final action dates, which are separated according to the beneficiary’s country of origin. Once the final action date for your country matches or passes your EB-1 priority date, your priority date will be considered current and you can move onto the last phase.

It is important to note that the time it takes for priority dates to become current can sometimes be as long as several years for some countries. H1B Visa Process Check here

The more people that apply for the EB-1 from your country, the longer it will take. Even if you use premium processing to expedite your petition, you will still need to wait for your priority date to be current before moving forward. In many cases, the date will automatically be current (denoted by a “C” on the visa bulletin). This means that you can move on as soon as your I-140 is approved.

Adjustment of Status vs Consular Processing

This last phase of your EB-1 processing time will depend on which option you choose between adjustment of status and consular processing.

Adjustment of status involves filing an I-485 application to have your status “adjusted” from nonimmigrant to immigrant status. For this reason, you must have a valid nonimmigrant status at the time of your I-140 approval (such as an H-1B or O-1 visa) and you must be in the U.S. The I-485 takes about six months to process and premium processing is not available.

Consular processing is available for those with a valid nonimmigrant visa status and is mandatory for those that do not have a nonimmigrant status. You must make an appointment with the U.S. Consulate or Embassy in your home country, which may be scheduled out several weeks or several months in advance depending on how busy the consulate is.

Once there, you will take part in a one-on-one interview with a consular officer to determine whether or not your case merits an EB-1 green card. Consular processing has the potential to take less time than the I-485, and so can be an attractive option for those who are pressed for time.

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