EB-1A · Timeline

After you file

1. 1

   Receipt notice

   USCIS sends a receipt notice (Form I-797). Keep it: it shows your priority date, and you need a copy if you add premium processing later.^[1,2,3]

2. 2

   Possible interview or biometrics

   USCIS may ask you to attend an interview or give biometrics before it decides the I-140.^[4]

3. 3

   RFE, NOID, or decision

   USCIS may approve, deny, send an RFE (response time of up to 12 weeks), or send a NOID (up to 30 days). It may also deny without an RFE if required initial evidence is missing.^[5,6]

4. 4

   Approval

   An approval notice means you qualify for the classification. It does not by itself give you a green card or work authorization; the next step depends on visa availability.^[1,4]

5. 5

   Denial

   A denial notice explains the reasons and whether you can appeal. Most appeals and motions on Form I-290B are due within 30 days after the decision is served, or 33 days if it was mailed.^[7,8]

6. 6

   Keep your address current

   If you are not a U.S. citizen, report a change of address to USCIS within 10 days of moving.^[4]

Processing timeline

What usually happens, in order. Timing varies by case.

1. 1

   Prepare the evidence

   Assemble all initial evidence before filing. You must be eligible on the filing date, and evidence of later achievements cannot cure a gap.^[5,9]

2. 2

   File Form I-140

   File by mail or online. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file. If a visa number is immediately available, you can file Form I-485 at the same time.^[10,11,12]

3. 3

   Receipt and priority date

   USCIS sends a receipt notice (Form I-797). For EB-1A, your priority date is the date USCIS received the properly filed petition.^[1,3,13]

4. 4

   Review

   An officer reviews the record and may approve, deny, or issue an RFE or NOID. With premium processing, USCIS acts within 15 business days.^[5,14]

5. 5

   Decision

   USCIS sends the decision in writing. An approval shows you qualify for EB-1A; it does not itself grant permanent residence or work authorization.^[4]

6. 6

   Green card stage

   When your priority date is current under the chart USCIS designates for that month, you file Form I-485 in the United States or apply for an immigrant visa abroad through the NVC.^[8,15]

After an RFE

1. 1

   Check the deadline

   The notice states the deadline. An RFE allows at most 12 weeks and the officer may set less; a NOID allows at most 30 days. USCIS cannot extend either, and adds 3 days only if the notice was mailed.^[5,6,9]

2. 2

   Respond once, completely

   Send everything requested together, with the original notice. If you send only part of it, USCIS treats that as a request for a decision on the record.^[5,9]

3. 3

   Premium clock restarts

   If you paid for premium processing, a new 15-business-day period starts when USCIS receives your response.^[2,14]

4. 4

   Possible result: approval

   If the response establishes eligibility, USCIS approves the petition.^[5]

5. 5

   Possible result: another RFE or a NOID

   If your response raises new questions, the officer may send a follow-up RFE or a NOID. Officers are told to ask for everything in one RFE where possible.^[9]

6. 6

   Possible result: denial

   If the record still does not establish eligibility, USCIS denies the petition and explains why. Evidence showing you became eligible only after the filing date cannot fix the gap.^[5,9,16]

7. 7

   If you miss the deadline

   USCIS may deny the petition as abandoned, on the record, or both. A denial for abandonment cannot be appealed, but you may file a motion to reopen.^[5]

8. 8

   After a denial

   You can generally appeal to the Administrative Appeals Office (AAO) or file a motion to reopen or reconsider on Form I-290B ($800), within 30 days after the decision is served (33 days if it was mailed).^[7,17]