EB1A Petition Statistics & Trends: 2026 Report
Filing volumes, approval rates, country-of-origin data, and processing time trends for EB1A I-140 petitions. All data sourced from official USCIS and DHS data.
Updated annually. Last updated: May 2026. Data sourced from USCIS Form I-140 data, DHS Office of Immigration Statistics Annual Flow Reports, and USCIS processing times records. All figures from public government sources — see Methodology section. FY2024 and FY2025 approval rate data reflects a significant decline from prior years — see Approval Rates section for updated figures.
Overview
EB1A (Employment-Based First Preference, Extraordinary Ability) is a self-petition immigrant visa category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Understanding filing volumes, approval rates, and trends helps immigration attorneys advise clients on case timing and strategy.
This report aggregates publicly available USCIS and DHS data. It is updated annually each April when DHS typically publishes the prior fiscal year's immigration data.
Filing Volume
I-140 EB1A Petitions Filed (FY2019–FY2023)
| Fiscal Year | EB1A Filed | EB1B Filed | EB2-NIW Filed | Total EB1 + NIW |
|---|---|---|---|---|
| FY2019 | ~12,500 | ~8,200 | ~28,000 | ~48,700 |
| FY2020 | ~11,800 | ~7,400 | ~25,500 | ~44,700 |
| FY2021 | ~14,200 | ~9,100 | ~38,000 | ~61,300 |
| FY2022 | ~17,400 | ~10,800 | ~52,000 | ~80,200 |
| FY2023 | ~19,500 | ~11,200 | ~62,000 | ~92,700 |
Source: USCIS Form I-140 Data, uscis.gov/tools/reports-and-studies/immigration-forms-data. FY figures approximate — verify against current USCIS data releases.
Key trend: EB1A filing volume has increased approximately 55% from FY2019 to FY2023. This growth is driven by increased awareness of the category among technology, science, and business professionals, and growth in immigration attorney marketing of the category.
EB2-NIW (National Interest Waiver) has seen more dramatic volume growth in the same period, reflecting its lower evidentiary threshold and suitability for a broader applicant population. The EB1A vs. NIW strategic choice is increasingly central to attorney case assessment.
Approval Rates
I-140 EB1A Approval/Denial Rates (FY2019–FY2024)
| Fiscal Year | Approvals | Denials | Approval Rate |
|---|---|---|---|
| FY2019 | ~9,800 | ~2,100 | ~82% |
| FY2020 | ~9,200 | ~2,400 | ~79% |
| FY2021 | ~11,500 | ~2,600 | ~82% |
| FY2022 | ~13,700 | ~3,300 | ~81% |
| FY2023 | ~15,800 | ~3,500 | ~82% |
| FY2024 | ~12,100 | ~7,900 | ~60.6% |
Source: USCIS Form I-140 Data. Figures include both regular and premium processing. Denials include NOID-to-denial outcomes. FY2024 figures derived from available USCIS quarterly data and practitioner tracking.
Significant Approval Rate Decline Since FY2024
EB1A approval rates dropped from the 79–82% range maintained FY2019–FY2023 to approximately 60.6% in FY2024 — the lowest recorded rate in the available data series. FY2025 quarterly data shows continued volatility (53–75% range). Petition preparation standards adequate for the prior environment may no longer be sufficient.
Key observation — significant FY2024 decline: EB1A approval rates dropped materially in FY2024 from the 79–82% range maintained from FY2019–FY2023. The FY2024 approval rate of approximately 60.6% represents the lowest recorded rate in the available data series. FY2025 quarterly data shows further volatility, with approval rates ranging from approximately 53–75% depending on the quarter and service center.
What changed: The decline reflects multiple factors: increased scrutiny under updated Policy Manual guidance, higher evidentiary standards being applied by adjudicators (particularly for Criterion 5 original contributions and Criterion 8 critical role), and a higher volume of borderline petitions entering the system as awareness of the category expanded. The October 2024 Policy Manual update clarifying the Kazarian Step 2 final merits determination has been cited by practitioners as a factor in more rigorous Step 2 scrutiny.
RFE rate: USCIS does not publish official RFE rates by petition type. Practitioner reports as of 2025 suggest EB1A RFE rates have climbed to 40–50% of filed petitions. Many approvals occur after RFE responses, not on initial review. The ~60.6% ultimate approval rate in FY2024 includes cases that required RFE responses, which add months to processing and attorney time. Initial approval-without-RFE rates are substantially lower.
Strategic implication: The FY2024–FY2025 approval rate environment is materially different from 2019–2023. Petition preparation standards that were adequate for the 80%+ approval rate environment may be insufficient for the current 55–65% range. This makes thorough evidence preparation, proactive RFE prevention, and strong Kazarian Step 2 arguments more critical than at any previous point in the data series.
Countries of Origin
Top Countries of Origin for EB1A Petitions (approximate, FY2023)
| Country | Estimated Share of EB1A Filings |
|---|---|
| India | ~28% |
| China (PRC) | ~22% |
| South Korea | ~7% |
| Canada | ~5% |
| United Kingdom | ~4% |
| Germany | ~3% |
| Israel | ~3% |
| Brazil | ~2% |
| Other | ~26% |
Source: Derived from DHS Annual Flow Reports and USCIS I-140 country data. DHS Office of Immigration Statistics
Priority date implications: Unlike family-based categories, EB-1 has historically not had a significant priority date backlog for most countries. India is the significant exception — India-born applicants may face waits even with an approved I-140 due to annual per-country limits. This is a strategic consideration for India-born clients: the priority date is a separate timing concern from I-140 approval.
Field of Endeavor Distribution
USCIS does not publish fine-grained occupational data for EB1A petitions specifically. Practitioner and anecdotal data suggests the following approximate distribution of EB1A petitioners by field:
| Field | Approximate Share |
|---|---|
| Technology/Engineering | ~35% |
| Sciences (life, physical, social) | ~25% |
| Business and Management | ~15% |
| Arts and Entertainment | ~10% |
| Education and Academia | ~8% |
| Athletics | ~4% |
| Other | ~3% |
These figures are estimates based on practitioner community data, not official USCIS statistics.
The technology and sciences dominance reflects the demographics of U.S.-based immigrant professionals most likely to qualify under extraordinary ability standards. Business and management EB1A has grown with increasing awareness of the category's applicability to executives and entrepreneurs.
Processing Times (Historical)
Average I-140 EB1A Processing Time Trend
| Period | Regular Processing | Premium Processing |
|---|---|---|
| FY2019 | 3–5 months | 15 business days |
| FY2020 | 4–7 months | 15 business days |
| FY2021 | 6–10 months | 15 business days |
| FY2022 | 5–8 months | 15 business days |
| FY2023–2024 | 6–9 months | 15 business days |
| Q1 2026 | 6–19+ months | 15 business days |
Source: USCIS processing times tool historical data and egov.uscis.gov/processing-times. Current figures fluctuate significantly by service center — always verify at USCIS before advising clients.
Processing time context (May 2026): USCIS currently takes between 2.5 and 25.5 months to complete 80% of I-140 applications across all categories. The range for EB1A specifically varies significantly by service center. Nebraska Service Center tends to have longer processing times than Texas Service Center for EB1A. Processing times are volatile and have extended significantly in some quarters. Do not provide clients with specific estimates without checking the USCIS processing times tool at egov.uscis.gov/processing-times.
Premium processing: The 15-business-day guarantee for premium processing applies to the initial USCIS action, not to approval. USCIS may issue an RFE within 15 days (which satisfies the premium commitment but extends the case timeline). Premium processing costs $2,965 as of March 1, 2026 — up from $2,805 following a USCIS inflation adjustment. Verify the current fee at uscis.gov/g-1055 before filing. Given FY2024–FY2025 approval rate trends, premium processing remains advisable for time-sensitive cases, but the increased RFE rate means premium does not shorten overall case resolution when RFEs are issued.
Policy and Fee Changes: 2024–2026
October 2024 — Policy Manual Update on Final Merits Determination
USCIS updated the Policy Manual, Volume 6, Part F, Chapter 2 to clarify the Kazarian Step 2 final merits determination. The key change: USCIS explicitly acknowledged that team achievements and collaborative work can be considered as context for evaluating individual extraordinary ability, but the petitioner must still establish that the individual's own contributions — distinct from team results — meet the extraordinary ability standard. Petitions that conflate team outcomes with individual achievement are a primary target of the current denial pattern.
October 2024 Policy Manual Update — Kazarian Step 2
USCIS explicitly clarified that team achievements can provide context for individual contributions at Step 2 — but the petitioner must still establish their own contributions distinctly. Petitions that conflate team outcomes with individual achievement are a primary target of the current denial pattern.
January 2025 — PA-2025-02: Corporate Filing Permitted for EB1A
USCIS policy alert PA-2025-02 (January 2025) confirmed that an LLC or corporation may file an EB1A I-140 petition on behalf of an alien, in addition to the alien filing as a self-petitioner. This is a meaningful procedural change: employer-sponsored EB1A filings are now explicitly permitted, which can be strategically advantageous when the employer's record (distinguished organization, critical role documentation) strengthens the Criterion 8 argument.
March 2026 — Fee Increase
USCIS increased premium processing fees effective March 1, 2026. The current fee for I-140 premium processing is $2,965 (Form I-907). The base I-140 filing fee is $715 plus a $600 Asylum Program Fee (reduced to $300 for small employers; waived for nonprofits). Always verify at uscis.gov/g-1055.
EB1A in Context: Employment-Based Landscape
EB-1 and EB-2 Filing Volume Comparison (FY2023)
| Category | Petitions Filed | Description |
|---|---|---|
| EB1A | ~19,500 | Extraordinary ability, self-petition |
| EB1B | ~11,200 | Outstanding professors and researchers |
| EB1C | ~28,000 | Multinational managers/executives |
| EB2 (PERM) | ~85,000 | Advanced degree, employer-sponsored |
| EB2-NIW | ~62,000 | National interest waiver, self-petition |
| EB3 | ~120,000 | Skilled workers, employer-sponsored |
Source: USCIS Form I-140 Data
EB1A represents approximately 8% of total employment-based I-140 filings. It is the most demanding evidentiary standard (extraordinary ability at the top of the field) but offers the significant advantage of self-petition capability — no employer sponsor required.
Methodology
All data in this report is sourced from official U.S. government publications:
Primary sources:
- USCIS Form I-140 Data: uscis.gov/tools/reports-and-studies/immigration-forms-data/immigration-benefit-type/form-i-140
- DHS Office of Immigration Statistics Annual Flow Reports: dhs.gov/immigration-statistics
- USCIS Processing Times: egov.uscis.gov/processing-times
- USCIS Fee Schedule: uscis.gov/forms/filing-fees
Data limitations:
- USCIS publishes aggregate I-140 data; it does not always publish EB1A-specific subcategory breakdowns for every metric
- RFE rates are not published by USCIS; the figures in this report represent practitioner estimates
- Field-of-endeavor distribution is estimated from practitioner data, not official statistics
- Filing figures marked with "~" are approximations derived from available USCIS data aggregates
Data retrieval date: May 2026. USCIS data is updated on an irregular schedule; FY2023 figures are from published USCIS Form I-140 data releases. FY2024 approval rate figures are derived from available USCIS quarterly data and practitioner tracking — official USCIS publication of complete FY2024 data is expected in late 2026. FY2025 data is partial (Q1–Q2) and subject to revision.
Not legal advice: Statistics in this report describe aggregate trends and are provided for informational purposes. Individual case outcomes depend on specific evidence quality and adjudicator discretion.
For context on how these approval and RFE trends translate into petition strategy, see the EB1A RFE prevention playbook and the EB1A criteria reference guide. Attorneys evaluating case viability should also review EB1A evidence strategy by client profile for field-specific guidance.
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