How Hard Is it To Get an EB-1 Visa?

The EB-1 visa has the highest eligibility standards of all employment-based green cards. Applicants need to compile extensive proof of their extraordinary ability and records of outstanding achievements. Without legal guidance to make your documentation as effective as possible, it’s challenging to obtain an EB-1 visa.

Can an EB-1 Petition Be Rejected?

Yes, USCIS rejects many EB-1 petitions. In Q3 of 2025, there were 1,866 EB-1 denials. This can happen due to filing errors or if a USCIS reviewer decides that the petition doesn’t meet all of the EB-1 criteria.

What Is the Denial Rate for EB-1A in 2025?

The denial rate for an EB-1A visa fluctuates. Based on available data from Q1, Q2, and Q3 in 2025, the total denial rate is 11.5%. In 2024, the denial rate for EB-1A I-140 was around 12%.

Is EB-1 Faster than EB-2?

Yes, an EB-1 is generally faster than an EB-2. Although the petition processing times for these filings are similar, backlogs are more common in the EB-2 category. Petitions to adjust status to get a Green Card may also suffer from Green Card backlogs and depend on an applicant’s priority date. At present, the Visa Bulletin shows that the EB-1 category is often “Current,” while the EB-2 category has long backlogs, making EB-1 faster overall.

How Long Does EB-1 Take?

With premium processing, an I-140 petition can receive adjudication within 15 business days. For non-premium filings, an EB-1A visa currently takes around 18 months to process.

Decoding the EB-1 Approval Rate: A Strategic Guide for HR Leaders

Reaching the top of any profession is a challenge. Proving that achievement to the United States Citizens and Immigration Services (USCIS) is another.

The EB-1 visa is for people who are outstanding in their field, offering them the ability to live and work in the U.S. — with a direct pathway to permanent residency. The catch is that the USCIS requires extensive proof of excellence during the application process, and not everyone gets approved.

For HR teams looking to hire and retain top talent, understanding the EB-1 approval rate helps gauge how realistic visa sponsorship is and what potential outcomes to plan for. Here’s a breakdown of 2025 EB-1 approval statistics, top factors that influence outcomes, and how applicants can overcome common pitfalls in their applications.

Current EB-1 Approval Rate and Recent Trends

USCIS releases quarterly data on each immigrant petition, detailing the total number of applicants, approved or denied figures, and cases pending.

In the 3rd quarter of 2025, there were 62,186 EB-1 visa petitions sent to USCIS. Of these, 34,794 were approved, 6,864 were denied, and the remaining 20,528 are pending. Based on the petitions that reached adjudication (41,658), there was an 83.48% EB-1 approval rate on reviewed cases. The EB-1 approval rate has dropped from Q1 of 2025, where it was 88.5%

When including all the petitions that are still pending, the EB-1 approval rate becomes 55.95%.

EB-1 Approval Rate by Subcategory

There are three subcategories in the EB-1 visa category, each of which has different requirements.

Based on Q3 of the 2025 fiscal year, here are the approval rates of each category:

EB-1A Approval Rate, Extraordinary Ability (E11): 66.6%
EB-1B Approval Rate, Outstanding Professors and Researchers (E12): 97.2%
EB-1C Approval Rate, Multinational Executives and Managers (E13): 97.6%

Below is a table with the raw data for the EB-1 categories from Q3 2025:

	Received	Approved	Denied
First Preference EB1	12,540	7,316	1,866
Alien of Extraordinary Ability (E11)	7,471	3,527	1,769
Outstanding Professor or Researcher (E12)	1,338	1,155	33
Multi-national Executive or Manager (E13)	3,731	2,634	64

Factors Influencing EB-1 High Approval Rate

The EB-1 visa category has a high standard of requirements, meaning that the majority of applicants are strong candidates.

Here are some of the main factors that contribute to the EB-1 approval rate:

Quality of evidence: To seem as qualified as possible, applicants should provide comprehensive documentation with detailed supporting evidence. Building a strong case begins with selecting the most impressive or persuasive pieces of evidence.
Strategic application: The EB-1 visa category is tailored to individuals who have reached the top of their field — whether in business, the sciences, the arts, education, or athletics. EB-1B and EB-1C applicants may have an easier time proving their competency due to published academic papers and previous job roles. As a result, these subcategories tend to have a higher approval rate.
Strong legal representation: Expert legal representation from an immigration law firm streamlines the process of gathering the correct documents and compiling strong EB-1 visa petitions. This makes your petition as comprehensive and precise as possible, helping improve your USCIS approval.

3 Common Reasons for EB-1 Denials and RFEs

Understanding the most common reasons for EB-1 denials and Requests for Evidence (RFEs) lets you take proactive steps to avoid these pitfalls. Here are common reasons for denial and strategies to overcome them:

Failure to meet eligibility criteria: Outline the eligibility criteria an applicant is targeting and clarify how their evidence applies. For example, the EB-1A has 10 unique eligibility criteria that an applicant must meet at least three of, unless they can provide evidence of a one-time major international award.
Insufficient documentation: Applicants may receive an RFE if the documentation they’ve submitted doesn’t meet the outlined criteria. Make sure all evidence is credible, explainable, and thorough.
Final Merits Determination: One of the leading causes of EB-1 visa denials in 2025 is failure at the final merits determination. Even applicants who meet multiple EB-1 criteria can still be denied if USCIS concludes that the totality of evidence does not prove they are among the top individuals in their field.At the final merits stage, USCIS evaluates whether the evidence collectively demonstrates:

Sustained national or international acclaim
Distinction above peers in the same field
Clear, compelling proof of extraordinary ability

An experienced law firm works with applicants to craft a strong personal narrative and cohesive case story arc, tying together achievements, impact, and recognition into a clear demonstration of extraordinary ability. By contextualizing evidence and clearly explaining the significance of an applicant’s work to USCIS, Ellis helps reduce the risk of denials at the final merits stage.

How Applicants Can Improve EB-1A Success Rate

To build an effective case, you have to compile the right supporting documents, select adequate forms of evidence, and show how you meet USCIS requirements. Here are some practical tips that applicants can use to improve their EB-1 success rate:

Gather comprehensive documentation of achievements
Have any professional credentials verified by industry leaders
Gather letters of recommendation
Partner with an experienced legal immigration firm

While it’s impossible to guarantee an EB-1A visa approval, following these recommendations can help you create the strongest possible case. It also helps to work with a modern immigration law firm like Ellis. Ellis offers visa-specific support with a 99.4% approval rate.

Build a Winning Case for Your Top Talent

A successful EB-1 visa petition requires extensive preparation, thorough organization, and strategic planning. Reading through and understanding the eligibility criteria is important, but so is being able to prove beyond all reasonable doubt that an applicant meets these requirements.

Working with a law firm like Ellis allows applicants to craft the strongest possible petitions, improving their chance at joining the ~83% of individuals that receive a successful response. By guiding you through the petition process and helping you make strategic case-building decisions, Ellis gives you all the tools and support you need to file successful EB-1 petitions.

Consult with an expert today.