EB-1B Approval Rate Current Stats — What the Data Says

You Won't Find an Official EB-1B Approval Rate — Here's Why

USCIS does not publish approval rates for the EB-1B category or any employment-based immigrant visa classification. The agency releases aggregate data on petition receipts, approvals, and denials across broader categories in its annual statistical reports, but these figures combine multiple petition types and do not isolate EB-1B outcomes. What appears online as an "EB-1B approval rate" typically comes from non-governmental sources — law firm observations, Freedom of Information Act responses covering limited timeframes, or older reports mixing EB-1A, EB-1B, and EB-1C petitions into a single EB-1 figure. Those numbers are not current official statistics, and they cannot predict an individual petition's outcome.

The EB-1B category exists for outstanding professors and researchers. Under the Immigration and Nationality Act, an EB-1B petition requires the employer to demonstrate that the beneficiary has international recognition for achievements in a specific academic field, at least three years of experience in teaching or research in that field, and a permanent or tenure-track position or comparable research role. USCIS adjudicates each petition against these regulatory criteria — not against a quota or a historical approval percentage. The question officers answer is whether the submitted evidence satisfies the statutory standard, not whether the petition falls into a favorable statistical band.

What USCIS Does Report — and What It Doesn't

The DHS Yearbook of Immigration Statistics and USCIS's annual reports provide petition counts: how many Form I-140 petitions were received, approved, and denied in a fiscal year. These counts combine all I-140 filings — EB-1A, EB-1B, EB-1C, EB-2, EB-3, and others — into aggregate numbers. As of December 2026, the most recent published data covers fiscal year 2025. That report shows total I-140 receipts and dispositions, not a breakdown by subcategory.

Some third-party researchers have obtained partial data through FOIA requests. These releases sometimes include counts for specific quarters or service centers, but they are snapshots covering limited periods, not ongoing official statistics. The numbers change from quarter to quarter based on filing volume, adjudication priorities, Requests for Evidence, and policy guidance updates. A rate calculated from one quarter's data does not carry forward.

What these reports never show: petition-level detail. They do not explain why a petition was approved or denied, what evidence was submitted, whether the petitioner responded to an RFE, or how the case was argued. An approval count is a count, not an assessment of petition quality or attorney strategy.

How EB-1B Petitions Are Actually Evaluated

USCIS officers adjudicate EB-1B petitions under 8 CFR 204.5(i). The regulation sets three requirements:

1. International recognition as outstanding in the academic field
2. At least three years of experience teaching or conducting research in the field
3. Entry into the United States to continue work in the field, in a tenure-track or comparable position

The petitioner — the employer — must submit evidence that the beneficiary meets the recognition standard. USCIS lists examples of acceptable evidence in the regulation: major prizes or awards for outstanding achievement, membership in associations requiring outstanding achievement, published material in professional publications about the beneficiary's work, participation as a judge of the work of others, original scholarly research contributions, and authorship of scholarly books or articles. The regulation requires at least two types of evidence from this list.

Officers do not compare the petition to an approval rate or a benchmark number. They evaluate whether the submitted documentation demonstrates that the beneficiary is recognized internationally — not just nationally or regionally — as outstanding in a specific academic field. That is a qualitative assessment grounded in the regulatory criteria, not a statistical one.

Here's the Honest Answer: The Standard Is Genuinely High

The EB-1B category sits in the employment-based first preference, which Congress reserved for individuals at the top of their fields. The bar is not "accomplished researcher" or "well-regarded professor." It is outstanding, with international recognition. Feeling successful in your academic career is not the test — meeting specific regulatory criteria with documentary evidence is.

Many petitions are denied because the evidence submitted does not demonstrate international recognition. A strong publication record within one country, positive peer reviews, or a tenure-track offer at a reputable university may reflect a solid academic career, but they do not automatically satisfy the EB-1B standard. Officers look for evidence that the beneficiary's work is recognized beyond national borders — citations by researchers in multiple countries, invitations to speak at international conferences, membership in associations with global reach, or awards with international scope.

Another common deficiency: the petition addresses only some of the criteria. Submitting evidence of publications and memberships may check two boxes, but if the evidence does not actually show that those publications are internationally recognized or that the memberships require outstanding achievement as a threshold, the petition has not met the standard. The documentation must prove the claim, not just illustrate it.

What If the Petition Receives an RFE?

A Request for Evidence means USCIS reviewed the initial submission and determined that the evidence did not yet establish eligibility. The RFE specifies what is missing or insufficient — additional documentation of international recognition, clarification of the beneficiary's role, evidence that the position qualifies as permanent or tenure-track, or further proof that the memberships or awards meet the regulatory standard.

An RFE is not a denial. It is an opportunity to submit additional evidence and argument. The petitioner has a set response window — typically 84 days from the date of the RFE — to provide what USCIS requested. The response should address every point raised in the RFE directly, with documentary evidence supporting each claim. Restating what was already submitted without adding new evidence rarely satisfies the request.

Responding to an RFE does not reset the petition's place in the adjudication queue or delay the decision indefinitely. USCIS adjudicates the case based on the totality of the evidence — the initial submission plus the RFE response. If the response fills the evidentiary gaps, the petition can be approved. If it does not, the petition is denied.

What If the Petition Is Denied?

A denial means USCIS determined that the evidence, even after any RFE response, did not establish eligibility under 8 CFR 204.5(i). The denial notice states the reasons — which criteria were not met and why the submitted evidence was insufficient. The petitioner has two options: appeal the decision to the USCIS Administrative Appeals Office, or file a new petition with stronger evidence.

An appeal argues that USCIS applied the law incorrectly or overlooked evidence that was submitted. It does not allow the petitioner to submit substantial new evidence that was not part of the original record. The appeal process takes months, and the approval rate for EB-1B appeals is not published. If the denial resulted from a genuine evidentiary gap — the beneficiary did not have the international recognition the regulation requires — an appeal is unlikely to succeed. Filing a new petition with additional evidence addressing the deficiencies is often the more direct path.

A denied I-140 does not place the beneficiary in removal proceedings or affect their current nonimmigrant status, assuming that status remains valid. It means the petition for permanent residence through the EB-1B category was not approved. The beneficiary can remain in the United States in valid nonimmigrant status and the employer can file a new petition if stronger evidence becomes available.

What Matters More Than a Hypothetical Approval Rate

The percentage of EB-1B petitions approved in a given quarter tells you nothing about whether your petition will be approved. USCIS does not adjudicate petitions by filling a target approval rate. Officers evaluate the evidence against the regulatory standard. A petition with strong documentation of international recognition, clear proof of outstanding achievement in the field, and a qualifying permanent position can be approved regardless of what the overall filing statistics look like. A petition without that evidence will be denied or receive an RFE, regardless of statistics.

What affects the outcome: the quality and scope of the documentation. Does the evidence show international recognition, or national? Do the publications and citations demonstrate that the beneficiary is at the top of the field, or simply active in it? Does the membership require outstanding achievement as a condition of entry, or is it open to all practitioners? Is the job offer for a permanent or tenure-track role, or a term-limited appointment? These are the questions the adjudicator asks.

Another factor: how the petition is argued. The cover letter and supporting brief should explain how the submitted evidence satisfies each regulatory criterion, citing specific documents in the record. Simply submitting a thick file of publications and letters without connecting them to the standard leaves the work of interpretation to the officer. A well-argued petition makes the case explicit — this is why the beneficiary qualifies, this is the evidence that proves it, and this is how it meets the regulation.

Premium Processing Does Not Change the Standard

Form I-140 petitions, including EB-1B filings, are eligible for premium processing. As of January 2026, USCIS lists the premium processing fee and guaranteed response window on the USCIS fee schedule at uscis.gov/forms. Paying for premium processing means USCIS will issue a decision — approval, denial, or RFE — within the guaranteed timeframe. It does not mean the petition receives more favorable review or that the evidentiary standard is lower.

The same officers adjudicate premium and standard petitions under the same regulatory criteria. Premium processing affects the timeline, not the outcome. If the evidence in the petition does not satisfy the EB-1B standard, paying for faster adjudication will result in a faster denial or RFE. If the evidence is strong, premium processing delivers the approval sooner. The fee is a time purchase, not an approval advantage.

The Role of Attorney Preparation

EB-1B petitions are employer-filed, meaning the petitioning institution — a university, research organization, or private employer — submits the I-140 on behalf of the beneficiary. Many employers work with immigration attorneys to prepare the petition, particularly when the beneficiary's evidence is strong but requires careful presentation to meet the international recognition standard.

An attorney's role is to assess the evidence, identify gaps, and structure the petition to address the regulatory criteria explicitly. That includes selecting which letters of recommendation to submit, organizing the publication and citation record to highlight international reach, and drafting the brief that connects each piece of evidence to the standard USCIS applies. Attorney preparation does not create eligibility where it does not exist, but it presents the case in the form that satisfies the regulation.

The Law Offices of Peter D. Chu works with employers and researchers on EB-1B petitions, evaluating whether the evidence supports the international recognition standard and preparing the filing to address each criterion. That preparation begins with an assessment: does the beneficiary's record meet the bar, or are there gaps that must be addressed before filing? Filing a petition before the evidence is ready increases the risk of denial, and a denial becomes part of the record.

What About Processing Times?

Processing times for Form I-140 vary by USCIS service center and current workload. As of December 2026, USCIS posts estimated processing times for each form and service center on its website at uscis.gov. Those estimates reflect the time between receipt and initial decision — approval, denial, or RFE — under standard processing. The posted times change monthly based on adjudication volume and staffing.

Processing time is not an indicator of approval likelihood. A faster processing center does not approve petitions at a higher rate than a slower one. The timeline reflects operational capacity, not adjudication standards. Petitions filed under premium processing bypass the standard queue, but they are evaluated under the same criteria.

The Statutory Basis for EB-1B

The EB-1B category exists under Section 203(b)(1)(B) of the Immigration and Nationality Act. Congress created three subcategories within the employment-based first preference: EB-1A for individuals with extraordinary ability, EB-1B for outstanding professors and researchers, and EB-1C for multinational managers and executives. All three require a showing that the beneficiary is at the top of their field — the statute uses "outstanding" and "extraordinary" to set a high threshold.

USCIS implements that statutory language through 8 CFR 204.5(i), the regulation governing EB-1B petitions. The regulation defines what "outstanding" means in the context of academic achievement: international recognition, supported by specific types of evidence. Officers adjudicate petitions by applying that definition to the submitted record. The standard does not change based on filing volume, country of origin, or the beneficiary's academic discipline.

Why Focus on Process, Not Percentages

Searching for an EB-1B approval rate is a natural impulse — applicants want to know their odds. But the percentage that might appear in a blog post or a FOIA response snapshot is not predictive. It does not account for the strength of the evidence in those petitions, whether they responded to RFEs, or how the cases were prepared. It is a count of outcomes across petitions with widely varying fact patterns, not a forecast.

What you control: the quality of the evidence and how the petition is structured. If the beneficiary has international recognition in their field, documented through the types of evidence the regulation lists, the petition has a strong foundation. If the recognition is national or the evidence does not connect clearly to the regulatory criteria, the petition is weaker — and no approval rate statistic changes that.

USCIS evaluates what is submitted. The decision is document-driven, not statistically driven. Time spent understanding the regulatory standard and assembling evidence that satisfies it is more valuable than time spent analyzing approval percentages that do not apply to individual cases.

Legal Disclaimer

This article provides general information about EB-1B petitions and USCIS adjudication standards. It is not legal advice and does not create an attorney-client relationship. Immigration outcomes depend on individual facts, the strength of the evidence submitted, and how the petition addresses the regulatory criteria. Consult a licensed immigration attorney to evaluate whether the EB-1B category is appropriate for your situation and how to structure the petition to meet USCIS requirements. Do not rely on approval rate statistics or processing time estimates to predict your case outcome.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.