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What Is The EB-1 Approval Rate In 2026?

EB-1 Approval Rate In 2026

What is the EB-1 approval rate in 2026? It’s 67.9%, as of the third quarter of Fiscal Year 2026, covering April through June 2026. That category-wide figure blends three very different subcategories: EB-1A approved at 32.2%, EB-1B at 93.0%, and EB-1C at 97.4% in the same quarter. Your subcategory’s rate tells you far more than the blended EB-1 average does.

Below, we break down the current data by subcategory, what’s driving the gap, and how to improve your odds. 

What Is The Current EB-1 Approval Rate?

According to USCIS’s Immigration and Citizenship Data reports, USCIS approved 6,414 EB-1 petitions and denied 3,034 in Q3 FY 2026, for an overall approval rate of 67.9%. Some sources call this the EB-1 success rate or acceptance rate, but all three describe the same figure. That rate has moved quarter to quarter throughout FY 2026, from roughly 69.9% in Q1 down to 67.9% in Q3, a gradual decline worth watching if you’re planning a filing timeline. 

Metric FY 2025 (full year) Q1 FY 2026 Q2 FY 2026 Q3 FY 2026
Total petitions adjudicated 35,160 8,475 9,219 9,448
Petitions approved 28,550 5,926 6,607 6,414
Petitions denied 6,610 2,549 2,612 3,034
Approval rate ~81.2% ~69.9% ~71.7% ~67.9%

Source: USCIS Immigration and Citizenship Data

Eb1a Approval Rate Uscis Trends

The EB-1A approval rate specifically has fallen further and faster than the overall EB-1 rate, dropping from roughly 47.4% in Q1 FY 2026 to 32.2% by Q3. This decline is the biggest factor pulling the blended EB-1 average down, since EB-1A has far more filings and far more variability than EB-1B or EB-1C.

EB-1 Approval Rate

How Do Approval Rates Compare Across EB-1 Subcategories?

EB-1A was approved at 32.2%, EB-1B at 93.0%, and EB-1C at 97.4% in Q3 FY 2026. The spread between these numbers matters more than any single figure because an EB-1A petition and an EB-1C petition do not face the same odds.

These approval statistics are particularly important for applicants considering an EB1 Visa, since approval trends can vary significantly depending on whether the petition is filed under EB-1A, EB-1B, or EB-1C. 

Category FY 2025 full year Q1 FY 2026 Q2 FY 2026 Q3 FY 2026
EB-1A approval rate ~66.9% ~47.4% ~41.7% ~32.2%
EB-1B approval rate ~97.8% ~94.9% ~93.8% ~93.0%
EB-1C approval rate ~97.1% ~97.0% ~97.0% ~97.4%

Source: USCIS Immigration and Citizenship Data

Why The Gap Exists Between Categories

EB-1B and EB-1C are employer-sponsored, so a company, and usually its legal team, reviews the case before it ever reaches USCIS. EB-1A is the only subcategory that allows self-petitioning, which means nothing filters out weaker cases before filing. Petitions at every level of preparation land in the same statistics, which pulls the average down even though many individual EB-1A cases are approved easily.

What Is The EB-1A Approval And Denial Rate?

The EB-1A approval rate is 32.2% as of Q3 FY 2026. USCIS approved 1,348 extraordinary ability petitions and denied 2,832 in that quarter, putting the denial rate at 67.8%. Applicants filed 6,036 new EB-1A petitions during the same period, and 28,874 remained pending at the end of June.

A low approval rate here reflects the applicant pool, not necessarily the difficulty of a well-built case. Because EB-1A is the one subcategory a person can file without a sponsor, cases at every level of strength, from thin to thoroughly documented, get counted in the same average. A petition that clearly satisfies the regulatory criteria is a different proposition from a thin one, but the published rate doesn’t distinguish between them.

Because an eb1a visa can be filed without employer sponsorship, petition quality varies significantly from one applicant to another, which contributes to fluctuating approval rates. 

What Is The EB-1B Approval And Denial Rate?

The EB-1B approval rate is 93.0% as of Q3 FY 2026, with 1,408 petitions approved and 106 denied. Outstanding professor and researcher cases are employer-sponsored and reviewed against defined evidence standards, and the approval rate has stayed above 93% in every recent quarter.

What Is The EB-1C Approval And Denial Rate?

The EB-1C approval rate is 97.4% as of Q3 FY 2026. USCIS approved 3,658 multinational executive and manager petitions and denied 96. Because the sponsoring company files these cases and they rely on corporate records rather than personal acclaim, they rarely fail at the I-140 stage.

Is USCIS Processing Faster In 2026?

Through the first three quarters of FY 2026, roughly 69.8% of EB-1 petitions have been approved, below the full-year rates for FY 2025 (~81.2%) and FY 2024 (~76.1%), but above the ~65.6% low from FY 2023. Approval rate isn’t a direct measure of processing speed, but the two are connected through USCIS’s growing backlog.

Fiscal Year Total received Approved Denied Pending Approval rate
2026 (through Q3) 35,656 18,932 8,176 43,218 ~69.8%
2025 51,344 28,550 6,610 34,585 ~81.2%
2024 41,166 31,341 5,370 18,735 ~76.1%
2023 36,978 24,253 2,623 10,102 ~65.6%

Source: USCIS Immigration and Citizenship Data

The Backlog Is The Number To Watch

USCIS ended June 2026 with 43,218 EB-1 petitions pending, the largest total in this dataset, with EB-1A accounting for 28,874 of them. A backlog that size shapes EB-1 processing times as much as it shapes approval rates, since more pending cases generally means longer waits ahead.

EB-1 Approval Rate 2026

How Long Does It Take For EB-1 To Be Approved?

EB-1 processing times shift constantly with the backlog described above, and any fixed timeframe quoted today can be outdated within a quarter. Rather than relying on a general estimate, check your case’s actual processing time directly through USCIS’s case processing times tool, or talk to the attorney for a read on your specific service center and category. 

After filing, applicants typically receive an i-140 receipt notice, which confirms USCIS has accepted the petition and allows case tracking through the agency’s online system. 

The Role Of Premium Processing

Premium processing remains available for EB-1A, EB-1B, and EB-1C petitions, typically guaranteeing a decision (approval, denial, or RFE) within 15 business days for an additional fee. 

Many applicants researching eb1 premium processing time use this service to receive a faster USCIS response while avoiding the uncertainty associated with standard processing queue 

With standard processing queues affected by a record pending caseload, premium processing is currently one of the few reliable ways to control your timeline.

What Adds Time To The Process

A Request for Evidence (RFE) is the most common source of delay. An RFE means USCIS needs more information before deciding, and receiving one is not a denial. Well-built petitions sometimes draw an RFE anyway, but submitting clear, well-supported documentation upfront is the best way to reduce the chance of one.

How Hard Is It To Get An EB-1 Visa?

Difficulty varies sharply by subcategory. EB-1A is the hardest of the three to clear at the I-140 stage, with a 32.2% approval rate in Q3 FY 2026 compared with 93.0% for EB-1B and 97.4% for EB-1C. In practice, that means an EB-1A filer should expect the petition itself to carry the whole case, since nothing about the category makes an officer’s job easier.

Applicants comparing eb1 vs eb2 pathways should remember that EB-1 categories generally have higher evidentiary standards but may offer faster access to immigrant visa numbers when eligible. 

Why USCIS Denies So Many EB-1A Petitions

According to USCIS’s Policy Manual, EB-1A cases are reviewed in two steps: first, whether the evidence meets the individual regulatory criteria; then, whether the record as a whole shows sustained acclaim. A petition can clear the first step and still fail the second, so meeting three criteria on paper doesn’t guarantee approval. Denials cluster heavily here: EB-1A accounted for 2,832 of the 3,034 total EB-1 denials in Q3 FY 2026. 

Understanding the official eb1a judging criteria and other qualifying categories can help applicants build a stronger petition before filing. 

What Actually Improves Approval Odds

  • Meet more than the bare minimum criteria. With EB-1A approval rates below 50% for most of 2026, meeting exactly three criteria is a thinner strategy than it used to be.
  • Gather strong recommendation letters well before filing, ideally three to ten, from respected figures in the field. Letter writers are busy, so start early.
  • Write the petition for the officer, not the field. The USCIS officer reviewing a case is rarely a specialist in the applicant’s discipline, so the petition has to explain why an achievement matters rather than assume it’s obvious.

Professionals evaluating eb1a vs o1 options should focus on the strength of their evidence and long-term immigration goals, since the two categories serve different purposes despite sharing similar extraordinary-ability concepts. 

EB-1

How Robinson Immigration Helps With EB-1 Petitions

Approval rate data provides useful context, but it doesn’t predict what will happen with your specific case. Robinson Immigration reviews each EB-1 petition against the two-step standard USCIS actually applies, checking not just whether the criteria are technically met, but whether the overall record tells a convincing story of sustained acclaim.

We help build stronger recommendation letters, organize supporting evidence around what an officer unfamiliar with your field needs to understand, and prepare thorough RFE responses when they do arise. Whether you’re evaluating EB-1A, EB-1B, or EB-1C, understanding where your evidence stands today is the first step.

FAQs About EB-1 Approval Rates

Most denials trace to the two-step review process, where a petition can meet the individual criteria on paper but still fail to demonstrate sustained acclaim overall. Denials concentrate heavily in EB-1A, which accounted for the large majority of all EB-1 denials in Q3 FY 2026.

There's no separate annual quota for EB-1A specifically. EB-1 as a whole receives 28.6% of the worldwide employment-based limit, plus any unused employment-based fourth and fifth preference numbers, and EB-1A, EB-1B, and EB-1C all draw from that same pool. USCIS approved 5,232 EB-1A petitions in the first three quarters of FY 2026.

The three-year rule has two different requirements, depending on the subcategory. EB-1B requires at least three years of experience in teaching or research in the academic field. EB-1C requires at least one year of employment with the sponsoring company outside the U.S. within the three years before filing.

USCIS sets no salary minimum for EB-1A. High pay relative to others in the field is one of ten qualifying criteria, and it can help prove extraordinary ability, but an applicant can qualify without it by meeting three other criteria instead.

Conclusion

The EB-1 approval rate tells a category-wide story, but it doesn’t predict your individual outcome. EB-1A’s 32.2% approval rate reflects a pool of petitions at every level of preparation, not a fixed ceiling on well-documented cases.

Contact us for a free evaluation of your profile against current EB-1 standards.

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