Highlights:
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EB-1A applications have tripled since 2021
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Approval rates have dropped to about 50 percent
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Employment-based visa backlogs, including H-1B, continue to expand
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Indian and Chinese applicants face the longest waits
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USCIS has increased screening and fraud detection efforts
The United States has recorded a significant increase in applications for the EB-1A visa, commonly known as the “Einstein visa,” as delays across employment-based immigration categories continue to grow. Data from US Citizenship and Immigration Services shows that interest in the EB-1A pathway has accelerated over the past four years, driven largely by frustration with prolonged waits in other visa programs and mounting backlogs in the employment-based green card system.
The EB-1A category is designed for individuals who can demonstrate extraordinary ability in areas such as science, arts, education, business, or athletics. Unlike most employment-based visas, the EB-1A allows applicants to self-petition for permanent residency without requiring sponsorship from a US employer. This feature has made the visa particularly attractive to highly skilled professionals seeking more control over their immigration process.
EB-1A applications triple as backlogs grow
According to USCIS data, EB-1A applications have increased threefold since 2021. Between April and June 2025, nearly 7,500 EB-1A petitions were filed, compared with about 2,500 applications during the same period in late 2021. Immigration analysts say the surge reflects growing dissatisfaction with other employment-based routes, especially the H-1B visa, which is subject to annual caps and lottery-based selection.
As wait times lengthen for capped visa categories, many professionals have begun exploring the EB-1A option despite its higher evidentiary standards. The category is widely viewed as one of the most selective employment-based green card pathways, but it also offers a faster route to permanent residency when compared with other options facing multiyear backlogs.
EB-1A approval rates decline amid tighter review
While EB-1A demand has increased, approval rates have moved in the opposite direction. USCIS statistics indicate that approval rates for EB-1A petitions have fallen from roughly 67 percent four years ago to around 50 percent today. The decline suggests that immigration officers are applying more rigorous standards as application volumes rise.
Legal experts note that the higher volume of filings has prompted closer examination of evidence submitted by applicants. Petitions that may have been approved in earlier years are now more likely to face requests for additional evidence or outright denials if documentation does not clearly meet the statutory criteria for extraordinary ability.
EB-1A demand rises alongside H-1B and green card delays
The surge in EB-1A filings is occurring against the backdrop of expanding backlogs across the US employment-based immigration system. The H-1B visa program, which remains capped by federal law, continues to see demand far exceed available slots. In addition, per-country limits on employment-based green cards have resulted in particularly long wait times for applicants from India and China.
For many professionals from these countries, the wait for permanent residency through traditional employer-sponsored categories can stretch for years or even decades. As a result, the EB-1A has emerged as an alternative pathway, despite its higher threshold and increasing scrutiny.
USCIS steps up EB-1A screening and vetting
In response to the growing number of applications and concerns about program integrity, USCIS has intensified its screening and vetting procedures for EB-1A cases. The agency has expanded fraud detection efforts and established a new vetting center dedicated to immigration applications.
According to USCIS spokesperson Matthew Tragesser, these steps are intended to strengthen oversight and protect U.S. workers, aligning with the administration’s broader immigration enforcement priorities. Officials have indicated that closer review is necessary to ensure that only applicants who genuinely meet the extraordinary ability standard receive approval.
Fraud concerns add pressure to EB-1A reviews
USCIS has acknowledged that fraud has become an increasing concern within the EB-1A category. Agency representatives have confirmed that some applicants attempt to support their petitions with purchased or fabricated credentials, including falsified awards, publications, or expert endorsements.
A former USCIS official told CBS News that financial resources can sometimes be used to create evidence that appears credible but does not reflect genuine achievement. These practices have contributed to heightened scrutiny across EB-1A filings and have influenced the agency’s decision to apply more stringent review standards.
EB-1A remains viable but more demanding
Immigration attorneys say that the EB-1A remains a viable option for individuals who can clearly demonstrate sustained national or international acclaim. However, the current environment requires stronger documentation, clearer proof of impact, and carefully prepared petitions.
As application volumes continue to rise and approval rates remain under pressure, legitimate EB-1A applicants are being advised to prepare for a more demanding process. While the visa continues to offer a valuable pathway to US permanent residency, increased competition and stricter oversight mean that success now depends on meeting higher evidentiary expectations and maintaining unquestionable credibility.
