The EB-1 green card approval rate depends on the subcategory. Based on U.S. Citizenship and Immigration Services (USCIS) Form I-140 data, EB-1A was approved in 32.2% of decided cases in the third quarter of fiscal year 2026 (April to June 2026), against 93.0% for EB-1B and 97.4% for EB-1C. The rate is approvals divided by approvals plus denials, with pending cases excluded, so it describes decided petitions, not your individual odds.
Key Takeaways
- The EB-1 green card approval rate is three numbers, one per subcategory.
- EB-1A fell to 32.2% from April to June 2026.
- EB-1B and EB-1C stayed above 93%.
- Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
The EB-1 Green Card Approval Rate Is A Family Of Numbers
The EB-1 green card approval rate only makes sense when you know the subcategory, time period, and calculation method behind it. Figures like 32.2 percent, 47.5 percent, and 66.9 percent can all be accurate while describing different slices of the same category.
Three Figures, Three Periods
The 66.9 percent figure is the full fiscal year 2025 EB-1A rate. The fiscal year 2026 quarters break down as 47.5 percent (October to December 2025), 41.8 percent (January to March 2026), and 32.2 percent (April to June 2026).
These are sequential snapshots of a category in decline. The more practical question is which subcategory you would file under, because the subcategory gap is far larger than any year-over-year shift.
EB-1 Green Card Approval Rate By Category
The subcategory split matters more than the year-to-year change. EB-1A self-petitioners sit far below employer-filed EB-1B and EB-1C, which remain above 93 percent. The comparison below uses approvals divided by approvals plus denials, with pending cases excluded.
Approval Rates by Subcategory, Fiscal Year 2026
| Subcategory | April to June 2026 | October 2025 to June 2026 |
|---|---|---|
| EB-1A | 32.2% (1,348 of 4,180) | 40.7% (5,237 of 12,876) |
| EB-1B | 93.0% (1,408 of 1,514) | 93.8% (4,284 of 4,565) |
| EB-1C | 97.4% (3,658 of 3,754) | 97.2% (9,426 of 9,701) |
| All EB-1 | Not reported | 69.8% |
Source: USCIS Form I-140 by Fiscal Year, Quarter and Case Status. Rate equals approvals divided by approvals plus denials, with pending cases excluded.
Why the Combined EB-1 Rate Misleads
EB-1A self-petitioners face materially different odds than employer-sponsored EB-1B researchers or EB-1C managers. About 93 percent of all EB-1 denials from October 2025 to June 2026 were EB-1A petitions, so the combined EB-1 green card approval rate of roughly 70 percent hides a subcategory story.
EB-1A Approval Rate 2026 by Quarter
The EB-1A decline happened quarter by quarter. Each fiscal year 2026 quarter came in lower than the one before it.
| Period | EB-1A approval rate |
|---|---|
| Fiscal year 2025 (October 2024 to September 2025) | 66.9% |
| October to December 2025 | 47.5% |
| January to March 2026 | 41.8% |
| April to June 2026 | 32.2% |
Source: USCIS Form I-140 data, approvals divided by approvals plus denials.
Why The EB-1A Approval Rate Dropped
The EB-1A standard in statute and regulation remains the same. The shift comes from how rigorously USCIS applies the second step of the review framework established in Kazarian v. USCIS and described in the USCIS Policy Manual.
The Two-Step Review
Step one is a count: the petitioner must meet at least three of the ten regulatory criteria. Step two is the final merits determination, where USCIS weighs the totality of the evidence to decide whether the record shows sustained national or international acclaim.
What the USCIS Policy Manual Says
The USCIS Policy Manual is explicit that meeting the criteria “in the first step alone does not establish” eligibility, and that the petitioner must be “one of that small percentage who have risen to the very top of the field of endeavor”.
What This Means in Practice
Meeting three criteria is the entry point, and USCIS now weighs the whole record instead of treating a checklist as sufficient. Evidence that is technically qualifying but thin at the margins can become part of the reasoning for a denial.
For more on what happens after a denial, see EB-1 Green Card Denial Reasons and What to Do Next.
Why You See 32 Percent, 47 Percent, And 66 Percent For The Same Category
Period is only half the explanation. Even within a single quarter, the denominator you choose changes the EB-1 green card approval rate, because USCIS Form I-140 reports publish four counts per period: petitions received, approved, denied, and pending, and no official rate.
Every percentage you see is a calculated figure. Three common methods produce three different numbers from the same underlying data.
Approvals Divided By Decisions
This method divides approvals by approvals plus denials, with pending cases excluded. It best reflects adjudication outcomes, and it is the method behind the EB-1A rates in this article.
Approvals Divided By Receipts
This method divides approvals by petitions received. It mixes petitions filed in one period with decisions made in another, since USCIS often decides a petition months or years after filing.
Approvals Divided By Approvals Plus Denials Plus Pending
This method treats unresolved cases as nonapprovals. Pending cases are petitions still open at the end of a period, so this approach pulls the figure below the decisions-only result.
Different Time Windows
Mixing fiscal years compounds the gap. The 66.9 percent, 47.5 percent, and 32.2 percent figures cover different periods. Two sources can both be accurate and still mislead if they use different denominators or different time windows.
Blended Subcategories
Blending subcategories into one EB-1 figure adds a third layer of confusion. All EB-1 subcategories combined produced a 69.8 percent approval rate from October 2025 to June 2026, while EB-1A was at 40.7 percent and EB-1C at 97.2 percent over the same period.
How Your Profile Shapes EB-1 Difficulty
The EB-1 green card approval rate is an aggregate. It pools every petition decided in a quarter, from the strongest to the weakest, and reports a single percentage. That number never describes any individual petition’s probability of approval.
Two Very Different Records
The practical difference between profiles is large. A researcher with a strong citation record, patents, and peer recognition from outside their institution presents a very different record than a founder with a few press mentions and marginal criteria.
The USCIS Policy Manual asks whether the record as a whole shows sustained national or international acclaim. Evidence framing matters as much as evidence quality: the same credential set, framed differently, can produce different outcomes at the final merits stage.
EB-1 vs EB-2 NIW vs O-1: Turning The Data Into A Plan
These three paths serve overlapping but distinct populations. Clear structural differences help you see which path fits your profile.
EB-1A: Self-Petition, Career-Long Acclaim
EB-1A is a self-petition green card requiring sustained national or international acclaim across at least three of ten regulatory criteria. No employer or job offer is required.
The EB-1A rate has fallen sharply, yet USCIS still approved 1,348 EB-1A petitions from April to June 2026, so strong petitions continue to succeed. For India-born applicants, EB-1 also carries a shorter visa backlog than EB-2.
EB-2 NIW: Self-Petition, Proposed Endeavor
EB-2 NIW (National Interest Waiver) is also a self-petition green card, but it evaluates a specific proposed endeavor rather than a career-long record of acclaim. See how a National Interest Waiver self-petition works.
The standard comes from Matter of Dhanasar: substantial merit and national importance, being well positioned to advance the endeavor, and a benefit to the United States from waiving the job offer requirement.
EB-2 NIW Approval Rate
EB-2 NIW approval rates bottomed at 35.7 percent from July to September 2025 and recovered to 55.3 percent from April to June 2026, now above EB-1A. Read more on the EB-2 NIW approval rate and EB-1 vs EB-2 NIW Requirements: Which Green Card Fits You?
O-1: Temporary Work Visa
O-1 is a nonimmigrant work visa, not a green card. It uses an extraordinary ability evidence framework similar to EB-1A, but it is a temporary status and requires a U.S. employer or agent to file.
O-1 petitions were approved at 91.0 percent from April to June 2026, well above EB-1A and EB-2 NIW. Many founders use O-1 as a first step and later pursue EB-2 NIW or EB-1A. See how to qualify for an O-1 visa.
Which Path Fits
EB-1A and EB-2 NIW both allow self-petition. O-1 requires an employer or agent and produces only temporary status. Many credentialed founders and researchers qualify for more than one path and file strategically. For a full comparison, see EB-1A vs EB-2 NIW: Which Green Card Path Fits You?
Self Petition And Country Of Chargeability: Two Hidden Variables
The EB-1 green card approval rate does not address two factors that can matter as much as the rate itself.
Only EB-1A Allows Self-Petition
EB-1A is the only EB-1 subcategory that allows self petition. You do not need a U.S. employer to file on your behalf. EB-1B requires an employer and a permanent research or tenure track teaching position. EB-1C requires a qualifying U.S. employer and a record of multinational employment.
EB-1A removes that dependency, which is a structural advantage for founders and independent researchers. For more on EB-1C, see EB-1C Green Card for Startup Executives Expanding to the US.
The Visa Bulletin Still Applies
An approved I-140 petition is only the first step. Visa availability depends on the Visa Bulletin and your country of birth. In the November 2026 Visa Bulletin, the EB-1 Final Action Date is February 1, 2023 for India and August 1, 2023 for China, while EB-1 is current for all other countries.
Dates for Filing in November 2026
For November 2026, USCIS accepts employment-based I-485 filings under the Dates for Filing chart. Applicants from India should check the current Visa Bulletin rather than rely on the approval rate alone. For timelines, see EB-1 Green Card Processing Time in 2026: A Founder's Guide.
Frequently Asked Questions
How hard is it to get EB-1?
It depends on the subcategory. USCIS data show 32.2% approval for EB-1A, 93.0% for EB-1B and 97.4% for EB-1C in April to June 2026. For EB-1A, the USCIS Policy Manual says meeting the criteria “in the first step alone does not establish” eligibility; USCIS also weighs the whole record.
How much does an EB-1 visa cost?
The Form I-140 filing fee is $715 on paper or $665 online, plus an Asylum Program Fee of $600, or $300 for a self-petitioner or small employer, according to the USCIS fee schedule. Premium processing costs $2,965 more. Attorney fees and the green card stage (Form I-485 or consular processing) are separate.
How long does it take to get a green card in EB-1?
It depends on the I-140 decision, the Visa Bulletin and the final stage. As of October 16, 2026, USCIS processing times showed 80% of EB-1A (E11) I-140 cases completed within 32.5 months. Premium processing cuts the I-140 decision to 15 business days for EB-1A and EB-1B and 45 for EB-1C.
Why is EB-1 processing so slow?
USCIS publishes completion times, not the reasons behind them. Its processing times page notes that USCIS prioritizes I-140 petitions when the Visa Bulletin shows a visa is available. Premium processing is the only way to get a decision within a fixed period.
When did the EB-1A approval rate start to drop?
The drop shows up in fiscal year 2026 data. USCIS Form I-140 data put EB-1A at 66.9% for fiscal year 2025, then 47.5% from October to December 2025, 41.8% from January to March 2026, and 32.2% from April to June 2026.
How much faster is EB-1 than EB-2?
At the I-140 stage, premium processing gives EB-1A a decision in 15 business days and EB-2 NIW in 45. After approval, the Visa Bulletin matters more. In the November 2026 Visa Bulletin, the Final Action Date for India is February 1, 2023 for EB-1 and November 1, 2013 for EB-2.
How can I file EB-1 on my own?
File under EB-1A, the only EB-1 subcategory open to self-petition. The federal regulation on employment-based petitions lets the person, or anyone on their behalf, file for extraordinary ability, while EB-1B and EB-1C need a U.S. employer. EB-2 NIW also allows self-petition.
Is EB-1 current for Indians?
No. In the November 2026 Visa Bulletin, the EB-1 Final Action Date for India is February 1, 2023 and the Date for Filing is July 1, 2024. For November 2026, USCIS accepts employment-based I-485 filings under the Dates for Filing chart.
What is a high salary for EB-1A?
USCIS does not apply a fixed dollar threshold. The USCIS Policy Manual compares your pay with others in the same field, using sources such as the Bureau of Labor Statistics, and says “a credible contract or job offer” can show you command a high salary. A high local salary may not be enough on its own.
Does the EB-1 approval rate include pending cases?
It depends on the source. USCIS publishes counts of petitions received, approved, denied and pending, but no official rate. Most analyses divide approvals by approvals plus denials, so pending cases are excluded. Sources that count pending cases or use receipts as the denominator report a lower figure, so check the method before comparing numbers.
What The EB-1 Green Card Approval Rate Means For You
Three takeaways from the data:
- The EB-1 green card approval rate changes with subcategory, fiscal year and denominator.
- The EB-1A drop reflects stricter final merits review, while EB-1B and EB-1C stayed high.
- Your odds depend on your evidence and how the petition is framed, not on the population rate.
How Jumpstart Reads Your Evidence
Jumpstart Immigration files U.S. visa and green-card petitions for founders, executives, and operators worldwide, with a 98% approval rate and a methodology trained directly on USCIS adjudicator decisions.
That methodology is built to read your evidence the way an adjudicator will and to tell you which path fits before you file.
*Jumpstart is not a law firm and does not provide legal advice. All legal services are performed by independent licensed attorneys.
