EB-1C Visa and Green Card Processing Time

Understanding the process of obtaining an EB-1C visa and green card can be complex, particularly for multinational managers or executives aiming to permanently relocate to the United States. This category under the first-preference employment-based immigration (EB-1) classification is specifically designed for multinational executives and managers, offering a pathway to permanent residency (green card). However, understanding the EB-1C green card processing time in 2024 is essential to set realistic expectations and streamline the process.

This blog delves into the various factors influencing the EB-1C green card processing time in 2024, the steps involved in the application, the I-140 petition, and the role of priority dates. It also compares the adjustment of status (AOS) and consular processing and offers an overview of the current processing time estimates for the EB-1C visa.

Overview of EB-1C Visa Processing

The EB-1C visa is part of the EB-1 (employment-based first preference) category, specifically designed for multinational managers and executives. The eligibility criteria are stringent, targeting those who have been employed in a managerial or executive position at a foreign branch of a U.S. company for at least one year within the past three years. Additionally, the U.S. entity must continue employing the individual in a similar role upon their relocation to the U.S.

Processing for the EB-1C visa is twofold, involving the submission of Form I-140 (Immigrant Petition for Alien Worker) and either an adjustment of status (for applicants already in the U.S.) or consular processing (for those outside the U.S.). Since no labor certification is required for this visa category, it is generally faster than other employment-based green card processes. However, understanding the factors that affect the EB-1C green card processing time in 2024 can help applicants better manage their expectations.

Also Read: What are EB1A, EB1B, EB1C Visas? 

Factors Influencing EB-1C Processing Time

Several factors play a role in determining the overall EB-1C green card processing time in 2024, including:

1. USCIS Workload: The U.S. Citizenship and Immigration Services (USCIS) processes numerous visa applications across all categories, and a surge in applications can delay the processing of EB-1C visas.
2. Service Center Location: The service center processing the application may impact processing speed. For instance, certain centers may have backlogs, whereas others may handle fewer applications, resulting in shorter processing times.
3. Completeness and Accuracy of Documentation: Any missing or incorrect documentation can lead to a Request for Evidence (RFE), which delays the processing. Ensuring that all required documents are accurate and complete is critical.
4. Country of Origin: Applicants from countries with a high volume of green card applications, such as China or India, may experience longer waiting periods due to country-specific quotas and backlogs.
5. Priority Dates: Priority dates play a significant role in determining the EB-1C green card processing time in 2024. If the demand for visas exceeds the supply, applicants may have to wait until their priority date becomes current. You can check this by visiting the Visa Bulletin, Please contact your attorney to check if your priority date is current.

Understanding these factors can help applicants plan for potential delays and anticipate the overall timeline.

Also Read: Concurrent Filing of Form I-130 and I-485 for Green Card Application

I-140 Petition Processing Time

The processing time for the I-140 petition under the EB-1C visa category can vary based on several factors. Here’s a detailed overview:

I-140 Petition Processing Time

• Standard Processing Time: The average processing time for the I-140 petition (Immigrant Petition for Alien Worker) is approximately 12.5 Months according to current USCIS processing time frames. This timeframe can fluctuate depending on the service center’s workload and other variables.
• Premium Processing: Unlike other EB-1 categories, premium processing is not available for EB-1C petitions. Therefore, applicants cannot expedite their I-140 processing to the typical 15-day timeframe offered for some other visa types.

Overall Timeline for Green Card

• I-140 Approval: Expect around 12.5 months for the I-140 petition to be processed.
• Priority Date and Visa Availability: After approval, applicants must wait until their priority date becomes current. This can take anywhere from 6 months to several years, depending on the applicant’s country of origin and the number of pending applications in that category.
• Adjustment of Status or Consular Processing: Once the priority date is current, applicants can file Form I-485 for adjustment of status if they are in the U.S., or proceed with consular processing if they are abroad. The I-485 processing time is also around 6 months.

Understanding these steps with the assistance of an immigration attorney like Sweta Khandelwal could streamline your experience and help avoid potential delays.

Adjustment of Status vs. Consular Processing

Once the I-140 petition is approved, applicants have two pathways to obtain their green card: adjustment of status (AOS) or consular processing. The choice between these two methods can significantly impact the overall EB-1C green card processing time in 2024.

When applying for an EB-1C visa, individuals have two primary pathways to obtain their green card: Adjustment of Status (AOS) and Consular Processing. Each method has its requirements, advantages, and disadvantages.

Adjustment of Status (AOS)

Eligibility:

• AOS is available to individuals who are already in the U.S. under a valid non-immigrant status (e.g., L-1A, H-1B).
• The applicant must file Form I-485 (Application to Register Permanent Residence or Adjust Status) after the I-140 petition is approved and the priority date is current.

Process:

• Filing: The employer files Form I-140, and once approved, the employee can file Form I-485. The employer can pay for the filing fee.
• Work Authorization: Applicants may receive work authorization within approximately 90 days of filing Form I-485.
• Timeline: The processing time for AOS is typically dependent on Service Center Processing time frames, after which the green card is issued if approved.

Advantages:

• No need to leave the U.S. during the application process. 
• Work authorization can be obtained while the application is pending.

Disadvantages:

• Must be in lawful status in the U.S. at the time of filing.
• If there are any issues with the application, it may lead to complications in status.

Consular Processing

Eligibility:

This option is for individuals who are outside the U.S. or those who prefer not to adjust their status while in the country.

Process:

• Filing: The employer files Form I-140, and once approved, the applicant must file Form DS-260 (Immigrant Visa Application) with a U.S. consulate.
• Interview: The applicant must attend a visa interview at the consulate.
• Entry into the U.S.: If approved, the individual can enter the U.S. as a permanent resident, and their green card will be mailed afterward.

Advantages:

• Suitable for those not currently in a valid non-immigrant status.
• May be faster in some cases if there are no backlogs for visa numbers.

Disadvantages:

• Requires travel to a U.S. consulate, which can involve delays and additional scrutiny.
• More paperwork and potential for complications during the interview process.

Key Differences

Feature	Adjustment of Status	Consular Processing
Location Requirement	Must be in the U.S.	Must be outside the U.S.
Application Form	Form I-485	Form DS-260
Processing Time	Typically 6 months	Varies based on consulate and backlog
Work Authorization	Available while pending	Not applicable
Interview Requirement	Generally, no interview required. Exceptions may occur	Interview at consulate required.

Both options ultimately lead to obtaining an EB-1C green card, but they cater to different situations based on an individual’s current residency status and personal preferences.

Also Read: Filing an I-130 for Spouse Green Card Process and Procedures

Steps in the EB-1C Visa Application Process

Understanding the step-by-step process of applying for an EB-1C visa is critical for navigating the EB-1C green card processing time in 2024. Here’s an outline of the key steps:

1. I-140 Petition Submission: The U.S. employer submits the I-140 petition to the USCIS, establishing the foreign worker’s eligibility for the EB-1C category.
2. Receipt of I-140 Approval: The USCIS reviews the petition, and upon approval, the applicant’s priority date is the date of the I-140 being filed. This step can take 6 to 12 months.
3. Priority Date Becomes Current: Applicants must monitor the Visa Bulletin to determine when their priority date becomes current. This is a crucial step, particularly for applicants from countries with high visa demand and the backlog can be high.
4. Filing for Adjustment of Status (AOS) or Consular Processing: Once the priority date is current, applicants can file Form I-485 for AOS (if they are in the U.S.) or proceed with consular processing at a U.S. embassy or consulate.
5. AOS/Consular Processing: Depending on the chosen pathway, the USCIS or NVC processes the application, and the applicant either attends an in-person interview (for consular processing) or undergoes biometrics and background checks (for AOS).
6. Receipt of Green Card: After completing the interview or AOS process, applicants receive their green card, marking the end of the process.

Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide

Current Processing Time Estimates

The EB-1C green card processing time in 2024 varies significantly depending on the applicant’s circumstances, country of origin, and the chosen method (AOS or consular processing). Below are some general time estimates:

• I-140 Petition Processing: 6 to 12 months.
• Adjustment of Status (AOS): 8 to 14 months (after the priority date becomes current).
• Consular Processing: 6 to 12 months (after the priority date becomes current).

Applicants from countries like China and India may face additional delays due to backlogs and priority date retrogression, making it important to monitor the Visa Bulletin regularly.

Tracking these processes with professional help from the law offices of Sweta Khandelwal often leads to more accurate planning and fewer surprises.

Role of Priority Dates in EB-1C Processing

Priority dates are a key determinant of the EB-1C green card processing time in 2024. The priority date is typically the date on which the I-140 petition is filed. For countries with high demand for EB-1C visas, such as China and India, the priority date plays a crucial role in determining when applicants can proceed with the next steps of their green card application.

Each month, the U.S. Department of State publishes the Visa Bulletin, which indicates whether applicants from specific countries can move forward with their green card applications. If the demand for visas exceeds the annual quota, applicants may have to wait for their priority date to become current.

For many EB-1C applicants, understanding the relationship between priority dates and green card availability is essential to managing the overall processing timeline.

Conclusion

The EB-1C green card processing time in 2024 can vary significantly based on several factors, including the applicant’s country of origin, the completeness of their application, and whether they choose adjustment of status or consular processing. On average, applicants can expect the process to take between 45 days to 6 months, though it may take longer for those from high-demand countries like China and India.

To navigate this process effectively, it’s important to ensure that all documentation is accurate, monitor the Visa Bulletin for updates on priority dates, and choose the right processing method (AOS or consular). By understanding the steps involved and the potential delays, applicants can better prepare for the EB-1C visa journey and achieve their goal of obtaining permanent residency in the United States.

If you’re looking for expert guidance on your EB-1C visa or other immigration matters, The Law Offices of Sweta Khandelwal can help. With over 18 years of experience, Sweta Khandelwal, an esteemed immigration attorney, leads a specialized immigration law firm located in the Bay Area, California, with offices in San Jose and Palo Alto.

To ensure a smooth EB-1C green card process or any other immigration journey, contact Sweta Khandelwal today for professional legal support!

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.