EB-1B · Timeline

Priority date and the Visa Bulletin

EB-1B needs no labor certification, so your priority date is the date the complete, signed I-140 (with all initial evidence and the correct fee) is properly filed with USCIS. It is shown on the Form I-797 notice for the petition.^[1,2]

EB-1 visas are numerically limited, and there are also limits by country of chargeability (usually your country of birth). When demand exceeds supply, the State Department's monthly Visa Bulletin sets cutoff dates: a visa is available when your priority date is earlier than the cutoff for EB-1 and your country, or when the chart shows "C" (current). For an I-485, use the Final Action Dates chart unless USCIS's Adjustment of Status Filing Charts page says otherwise for that month.^[2]

If your I-140 is approved but a visa is not yet available for your priority date, and you are in E-3, H-1B, H-1B1, O-1 or L-1 status, you may apply for a work permit (Form I-765) based on compelling circumstances. USCIS decides in its discretion whether your circumstances justify it; it is granted in 1-year increments, and a conviction for any felony or for two or more misdemeanors makes you ineligible. Your spouse and children who are in nonimmigrant status may apply at the same time, but cannot be approved before you are.^[1]