EB-1 India 2026: Priority Date, Wait Time & Requirements

EB-1 India is the first-preference employment green card route for India-born professionals — and, in recent bulletins, the only major category where the India wait has been measured in years rather than decades. This guide is for researchers, executives, and standout individual contributors weighing EB-1A extraordinary ability, EB-1B outstanding researcher, or EB-1C multinational manager against a long EB-2/EB-3 India queue. The headline numbers: about 40,040 EB-1 visas are available worldwide each year, India is subject to the 7% per-country limit but routinely receives more through spillover, and the current EB-1 India priority date — shown in the status panel above — has recently sat a few years back, versus 10+ years for EB-2 India. Below: what the EB-1 visa for India actually is, where the eb1 priority date india stands and how to read it, how many EB-1 visas India gets per year, the realistic wait time for an EB-1 green card from India, and the full requirements for each sub-category.

What Is the EB-1 Visa for India?

EB-1 is the first preference employment-based immigrant visa category. It covers three sub-categories:

EB-1A: Extraordinary ability

You must demonstrate sustained national or international acclaim in your field. USCIS uses a two-step test:

Step 1 — Meet at least 3 of 10 criteria:

• Major prizes or awards (Nobel, Oscar, Olympic medal, etc.)
• Membership in associations requiring outstanding achievement
• Published material about you in major media
• Judging others' work in your field
• Original contributions of major significance
• Authorship of scholarly articles
• Work displayed at artistic exhibitions or showcases
• Leading role in distinguished organizations
• High salary relative to peers
• Commercial success in performing arts

Step 2 — Final merits determination: Even if you meet 3 criteria, USCIS evaluates whether the totality of the evidence establishes extraordinary ability.

EB-1B: Outstanding professor or researcher

Your employer files on your behalf. You must show:

• International recognition for outstanding achievements in an academic field
• At least 3 years of teaching or research experience
• A permanent research or tenured/tenure-track teaching position

Evidence — meet at least 2 of 6 criteria:

• Major prizes or awards for outstanding achievement
• Membership in associations requiring outstanding achievement
• Published material about your work in major media
• Participation as a judge of others' work
• Original scientific or scholarly research contributions
• Authorship of scholarly books or articles

EB-1C: Multinational manager or executive

You must have been employed as a manager or executive for at least 1 of the 3 years before your petition with the same employer (or affiliate/subsidiary). The position must also be managerial or executive in nature.

What Is the EB-1 India Priority Date Right Now?

The status panel at the top of this page shows the current EB-1 India Final Action Date, the Dates for Filing cutoff, last month's value, and this month's movement — pulled from the latest Department of State bulletin, with the recent-months history in the table below it. Two reading rules: your priority date must be earlier than the cutoff to act, and EB-1A, EB-1B, and EB-1C all share the same EB-1 India cutoff — there is no separate "EB-1A India priority date." Unlike EB-2 and EB-3, EB-1 India has not faced a decades-long backlog, though wait times have grown as more applicants qualify.

How Many EB-1 Visas Per Year for India?

About 40,040 worldwide — the EB-1 category receives 28.6% of the ≥140,000 employment-based preference level each fiscal year. India is subject to the INA §202 7% per-country limit (calculated across the combined family and employment preference totals, not a per-category India quota), but there is no fixed India EB-1 allotment: India-born applicants routinely receive more than a strict per-country share because unused numbers from other countries spill into EB-1, per the Department of State's annual visa statistics.

What Is the Wait Time for an EB-1 Green Card from India?

Typically 3–5 years end to end for a new India-born filing as of mid-2026 — dramatically shorter than EB-2/EB-3 India. The wait has three parts:

Fees, per the USCIS fee schedule: $715 to file I-140, $2,805 optional premium processing, and $1,440 for each adult I-485. Premium processing speeds only the I-140 decision — it does not move your priority date.

EB-1 vs EB-2 NIW for Indian researchers

If you are a researcher or academic who cannot qualify for EB-1B (e.g., you don't have 3 years of experience), EB-2 National Interest Waiver (NIW) may be an option. NIW also skips PERM. However:

• EB-2 NIW uses the India EB-2 cutoff date — much longer wait than EB-1
• EB-1B uses the India EB-1 cutoff date — shorter wait
• If you can qualify for EB-1B, it is generally preferable for India-born applicants

How EB-1 India Connects to the Rest of Your Case

Your EB-1 priority date is set when the I-140 is filed (see what a priority date is), and you can file I-485 only once that date clears the applicable chart — check yours against the stored bulletin data with the Priority Date Checker and model the full wait with the Green Card Tracker. If you already hold an approved EB-2 I-140 from a PERM case, its earlier priority date can typically be retained for the EB-1 petition, instantly crediting years of queue time. Separately, if your spouse was born outside India, cross-chargeability may take you off the India row altogether — worth checking before you invest in an EB-1A evidence package. New to the bulletin itself? Start with the visa bulletin explained for Indians.

Frequently asked questions

What is the EB-1 priority date for India right now?

It changes monthly — the status panel at the top of this page shows the current month's EB-1 India Final Action Date and Dates for Filing straight from the DOS bulletin, plus the recent movement history. As of the September 2026 bulletin the Final Action Date sat in late 2022 (October 15, 2022 — unchanged from August).

How long does EB-1 take for India-born applicants?

Typically 3–5 years end to end as of mid-2026: about 6–10 months for the I-140 (or 15 business days with premium processing), the priority-date wait shown in the status panel, then 8–14 months of I-485 processing. That compares to a decade-plus in EB-2 India.

How many EB-1 visas does India get per year?

India is subject to the 7% per-country limit rather than a fixed EB-1 allotment, and spillover of unused numbers regularly pushes India's actual EB-1 usage above a strict 7% share of the ~40,040 worldwide EB-1 visas, per DOS annual reports.

Can I file EB-1A while on H1B?

Yes. H1B status is compatible with filing an EB-1A self-petition. Your H1B employer does not need to be involved — but your immigration attorney must be.

I'm a software engineer at a tech company. Can I qualify for EB-1A?

Possibly, if you have exceptional achievements — patents, major open-source contributions, invited conference presentations, peer-reviewed publications, or very high compensation relative to your peers. Most standard software engineers do not qualify. An immigration attorney can evaluate your specific profile.

Does premium processing help EB-1?

Yes — premium processing is available for I-140, including EB-1A/EB-1B/EB-1C, for $2,805. USCIS acts within 15 business days for EB-1A and EB-1B, but 45 business days for EB-1C (E13 multinational executives/managers). It speeds the petition decision only; it does not advance your priority date.

Is EB-1 faster than EB-2 for India?

Yes, dramatically. EB-1 India's cutoff has recently sat a few years back, while EB-2 India's sits over a decade back — and EB-2 India was marked Unavailable in the September 2026 bulletin. If you can credibly qualify for any EB-1 sub-category, it is usually worth pursuing.

Will EB-1 India become current in 2026?

No one can promise that. Cutoff movement depends on demand and spillover, and the Department of State does not pre-announce dates. Watch the monthly bulletin (or the monthly update tracker) rather than relying on prediction posts.