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The EB-1 visa is widely regarded as the most prestigious employment-based green card route in the United States, but prestige comes with scrutiny. Whether you're applying under the EB-1A (Extraordinary Ability), EB-1B (Outstanding Researcher or Professor), or EB-1C (Multinational Manager or Executive) category, one question every applicant asks first is: What are my chances?
Understanding the EB1 approval rate before you apply is not just useful — it's essential. It helps you set realistic expectations, identify weaknesses in your profile, and make strategic decisions about timing, evidence, and legal support.
This article breaks down the latest EB1a approval rates with 2025–26 USCIS data, explains what endorsement and approval actually require, highlights the most common reasons for rejection, and provides practical guidance on strengthen
The EB1 approval rate varies significantly depending on which EB-1 subcategory you're applying under, and whether you file with or without a premium processing request.
According to USCIS data, the overall EB-1 approval rate has historically hovered between 70–85%, but this aggregate figure masks important differences between categories.
Approval Rates by Category (2024–26)
USCIS adjudication data for FY2024 reveals a clear pattern: approval rates vary significantly depending on which EB-1 subcategory you apply under.
The EB-1A (Extraordinary Ability) route is the most demanding. As a self-petition with no employer sponsor, it places the full evidentiary burden on the applicant — and the numbers reflect this. Approximately 18,500 petitions were approved against 5,800 denials, placing the approval rate at around 76%.
The EB-1B (Outstanding Researcher or Professor) category performs considerably stronger, with roughly 6,200 approvals and 1,100 denials — an approval rate of approximately 85%. The structured sponsorship model and well-defined academic criteria make this a more predictable route for eligible candidates.
The EB-1C (Multinational Manager or Executive) category mirrors that performance, with around 9,400 approvals and 1,600 denials, also landing at roughly 85%.
Taken together, all three subcategories produced approximately 34,100 approvals out of 42,600 decisions in FY2024 — an overall EB-1 approval rate of around 80%.
What Endorsers Look For
Unlike UK visa routes requiring endorsement from a designated body, the EB-1A is self-petitioned directly with USCIS. However, EB-1B requires a sponsoring university or research institution, and the strength of that sponsor's documentation significantly affects outcomes.
For EB-1A, USCIS adjudicators look for evidence satisfying at least 3 of 10 regulatory criteria, followed by a "final merits determination" assessing whether the totality of evidence demonstrates extraordinary ability. The criteria include:
What Endorsement / Approval Requires
The EB-1A petition (filed on Form I-140) must be accompanied by a comprehensive evidence package demonstrating that you are "one of that small percentage who have risen to the very top of the field of endeavour."
USCIS applies a two-part test:
Part 1 — Meeting the criteria threshold: You must satisfy at least 3 of the 10 criteria listed above, or provide evidence of a one-time achievement (such as a major internationally recognised award like a Nobel Prize or Olympic medal).
Part 2 — Final merits determination: Even if you meet the threshold, USCIS evaluates whether the totality of evidence establishes extraordinary ability. A petition with just enough evidence to meet 3 criteria technically will not always succeed if the quality of that evidence is poor.
Choosing the Right Endorsing Body for Your Profile
For EB-1B applicants, the choice of sponsoring institution matters enormously. Top-tier research universities with established USCIS petition histories and strong internal immigration teams tend to produce better-documented petitions. If your institution lacks in-house expertise, working with an experienced immigration firm to supplement the sponsor's package is strongly advisable.
EB-1A applicants effectively "endorse themselves" through the quality of their evidence compilation. The strategic framing of your evidence, how criteria are argued, what documentation is selected, and how the final merits case is built is where experienced legal guidance makes the most measurable difference.
Reapplication After Refusal
If your I-140 is denied, you have two primary options: file a Motion to Reopen or Reconsider (MTR) with USCIS, or submit a new petition with strengthened evidence. A denial does not permanently bar future applications. See our full section on reapplying below.
Tech Nomads Endorsement Success Rate
At Tech Nomads, our EB-1 petition approval rate consistently exceeds the USCIS national average. This reflects the rigorous case assessment we conduct before filing — if we identify significant gaps, we advise clients to build their profile further before submitting rather than risk a denial. Learn more on our EB-1 Visa service page.
Understanding why petitions fail is as important as knowing what makes them succeed. The most common reasons USCIS denies EB-1A petitions include:
1. Failing to meet the 3-criterion threshold:
Applicants sometimes conflate related criteria or present evidence that USCIS does not accept as satisfying a specific criterion. For example, listing publications without demonstrating peer review, or claiming a "judging" role without formal documentation.
2. Weak final merits determination:
Meeting the threshold is necessary but not sufficient. USCIS regularly denies petitions where the criteria are technically met, but the evidence does not collectively demonstrate top-of-the-field standing. A researcher with 3 modest citations and one invited talk may tick boxes without persuading adjudicators.
3. Insufficient documentation:
Missing letters from credible experts, absence of comparative salary data, or publication records without citation impact data are common evidentiary gaps.
4. Field-specific adjudication inconsistency:
Certain fields — particularly entrepreneurship, business, and emerging tech; face more subjective adjudication. What constitutes "extraordinary ability" in AI research differs from what it means in ballet or competitive sports. Petitions that fail to educate the adjudicator about field-specific achievement norms are vulnerable.
5. RFE responses that don't address the concern:
A Request for Evidence (RFE) is not a denial — it is an opportunity. Petitions that fail after an RFE typically submitted incomplete responses, misunderstood the USCIS concern, or did not add substantive new evidence.
The eb1a approval rate USCIS data consistently shows that represented applicants — those working with experienced immigration attorneys; achieve materially higher success rates than pro se filers, particularly for EB-1A.
How to Strengthen Your Application
Whether you're preparing a first-time petition or rebuilding after a denial, the following strategies consistently improve outcomes:
Build your evidence portfolio before filing: The EB-1A is won or lost on documentation. Solicit expert opinion letters from recognised figures in your field well in advance. Compile citation data, media coverage, award documentation, and salary benchmarking with the same rigour you would apply to a business case.
Frame criteria strategically: Each criterion should be argued explicitly, not assumed. For example, if claiming the "judging" criterion, submit formal invitations, the event programme, your evaluative comments, and confirmation of the outcome — not just a letter saying you participated.
Address the final merits proactively: Don't wait for an RFE to present your holistic case. Your petition cover letter should explicitly argue why the totality of evidence demonstrates extraordinary ability, drawing connections across criteria.
Use expert opinion letters wisely: Letters from genuinely prominent figures in your field carry significant weight. Generic letters that simply restate your CV add little value. The best letters specifically address USCIS criteria and make explicit comparative statements about your standing relative to peers.
Don't file prematurely: The EB1a approval rate for under-evidenced petitions is dramatically lower. If your profile has gaps, building it for 6–12 months before filing is almost always the right strategy.
For applicants eligible across multiple EB-1 categories, or weighing EB-1 against alternative routes, category selection can significantly affect both approval odds and timelines.
EB-1A vs EB-1B: If you are a researcher who could qualify under either, EB-1A offers the significant advantage of self-petition — no employer sponsorship required. However, it carries a higher evidentiary burden. EB-1B requires an employer but benefits from a slightly higher historical approval rate and more structured adjudication criteria.
EB-1A vs O-1A: Many applicants who aren't yet ready for EB-1A pursue an O-1A visa first. The O-1A uses nearly identical criteria and provides US work authorisation while the applicant builds their EB-1A-level profile. It is also a useful indicator: a strong O-1A approval suggests EB-1A readiness.
EB-1 vs EB-2 NIW: The EB-2 NIW (National Interest Waiver) is a self-petition route with a lower evidentiary threshold than EB-1A, designed for applicants whose work is in the US national interest. Approval rates for EB-2 NIW tend to be higher, and it represents a viable alternative or fallback for EB-1A applicants who don't yet meet the extraordinary ability standard. See the USCIS EB-2 page for official eligibility details.
Priority dates and visa availability also affect strategy. EB-1 is generally current for most nationalities (except India and China, which face significant backlogs), while EB-2 NIW backlogs can stretch years for high-demand nationalities. Factoring priority date projections into your category choice is essential.
An EB-1 denial is not the end of the road. The path forward depends on why the petition was denied and what new evidence or arguments can be introduced.
Motion to Reopen (MTR): Filed with USCIS, an MTR asks the agency to reconsider based on new facts or evidence not available at the time of the original decision. This is most effective when the denial rested on a factual error or when you can now provide documentation that was previously missing.
Motion to Reconsider (MTC): An MTC argues that USCIS made a legal error in applying its own policy — for example, applying the wrong evidentiary standard or failing to give proper weight to expert opinion letters. These are harder to win but appropriate when the denial contains a legal flaw.
New petition: Filing a fresh I-140 with substantially strengthened evidence is often the most practical route, particularly if 12+ months have passed since the denial and your profile has materially improved. There is no limit on how many times you can apply.
Appeal to the Administrative Appeals Office (AAO): The AAO reviews EB-1 denials and has issued significant precedent decisions shaping how USCIS adjudicates extraordinary ability cases. An AAO appeal can take 12–24 months, but it may be appropriate in cases involving novel legal arguments.
Whichever route you take, a careful analysis of the denial notice — ideally with experienced immigration counsel is the essential first step. For background on the permanent residency pathway, see our EB-1 Green Card guide.
What is the current eb1a approval rate?
Based on the most recent USCIS data (FY2024), the EB-1A approval rate is approximately 76%. This figure varies year to year and by applicant nationality.
Does hiring an immigration lawyer improve my approval chances?
Yes, materially. Represented applicants consistently achieve higher approval rates, particularly for EB-1A self-petitions, where the quality of evidence framing and legal argumentation directly determines outcomes.
How long does EB-1A adjudication take?
Standard processing currently runs 8–24 months, depending on USCIS workload. Premium Processing guarantees a decision within 15 business days for an additional government fee.
Can I apply for EB-1A if I've been denied an O-1A?
Yes, though a prior O-1A denial may signal that your profile needs further development before an EB-1A petition is viable. The standards are comparable; a strong EB-1A case typically meets or exceeds O-1A requirements.
What happens if I get an RFE?
A Request for Evidence is an opportunity, not a denial. You typically have 87 days to respond. A well-constructed RFE response addressing every USCIS concern with new documentation can and frequently does result in approval.
Tech Nomads is a global mobility platform specialising in international relocation for talented professionals and teams. Established in 2018, Tech Nomads has built a track record of successfully guiding individuals through complex USA visa processes, including the EB-1, with personalised strategies tailored to each client's profile, timeline, and goals.
What sets Tech Nomads apart:
Tech Nomads Club
Tech Nomads Club is a curated global community for highly skilled professionals.
We host free, application-based events, including expert panel talks, start-up pitch days, members-only networking, informal meetups, and fireside conversations with industry leaders.
Membership is free but selective — open to those building across borders and seeking meaningful growth through connection, knowledge, and community.
We also produce a regular podcast that shares real stories, insights, and voices from inside the Club.
Book a Consultation
Ready to find out whether the EB-1 Visa is the right route for your profile?
The Tech Nomads team offers personalised consultations for professionals considering the EB-1A extraordinary ability petition. You will get a clear picture of where your profile stands against the USCIS criteria, what evidence would strengthen your case, and what a realistic timeline and process looks like for your specific situation.
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