How many EB-1 visas per year?

The EB-1 Visa Landscape: Understanding Annual Limits and Recent Fluctuations

The question of how many EB-1 visas are issued annually doesn’t have a simple numerical answer. Unlike some visa categories with fixed annual caps, the number of EB-1 (extraordinary ability, outstanding professors and researchers, and multinational executives and managers) visas issued each year fluctuates. While there’s no per-category limit, the overall availability is influenced by several factors, most significantly the overall employment-based visa allocation and the utilization of other employment-based visa categories (EB-2, EB-3, etc.).

Fiscal year 2022 offers a prime example of this variability. That year witnessed a substantial increase in overall employment-based visas, surpassing 280,000. This wasn’t due to a sudden surge in EB-1 applications alone, but rather a consequence of a significant reallocation of unused family-based visas from the previous fiscal year. This effectively broadened the pool of available employment-based visas across all categories, including EB-1. Therefore, while the precise number of EB-1 visas issued in FY2022 remains unavailable through publicly released data broken down by category, it’s safe to conclude that the reallocation contributed to a higher-than-usual number of EB-1 approvals.

This highlights a crucial point: predicting the exact number of EB-1 visas issued annually is difficult. The process is influenced by several interconnected variables:

• Annual Visa Allocation: Congress sets the overall number of employment-based visas annually. This figure is the primary constraint on the number of visas issued across all EB categories.
• Demand Across EB Categories: If demand is high for EB-2 or EB-3 visas, it could potentially leave fewer visas available for EB-1 applicants, even if the overall allocation remains consistent.
• Reallocation of Unused Visas: As seen in FY2022, unused visas from other categories can be reallocated, significantly impacting the availability of visas in various employment-based categories.
• Processing Times and Backlogs: Processing times for applications can create bottlenecks, influencing the actual number of visas issued within a fiscal year.

Therefore, rather than focusing on a fixed annual number, individuals interested in EB-1 visas should concentrate on understanding the overall landscape of employment-based visas, the current processing times, and the strength of their individual application. Consulting with an immigration attorney is crucial for navigating the complexities of the EB-1 visa process and maximizing the chances of a successful application. While the exact number of EB-1 visas issued each year remains fluid, understanding the influencing factors can provide a clearer perspective on navigating this path to legal residency in the United States.