61
New Articles
Find Your Next Job !
For most employment-based green card applicants, the wait for a green card is measured in years. But for foreign nationals with extraordinary ability who were born outside of India and China, 2026 presents a window that does not come around often: the EB-1 category is current in the Visa Bulletin, visas are available, and Premium Processing makes it possible to go from filing your I-140 to having a green card in hand in a matter of months.
For EB-1A applicants whose priority date is current, this means that Premium Processing is a mechanism that can be used to obtain a green card within an actionable timeline. This article explains how that works, what it costs, and who stands to benefit most.
The EB-1 preference category covers extraordinary ability petitions (EB-1A), outstanding professors and researchers (EB-1B), and multinational executives and managers (EB-1C). Throughout 2026, EB-1 has remained current in the Visa Bulletin for most applicants, meaning there is no line to wait in. If your I-140 is approved and your priority date is current, you can file your I-485 adjustment of status immediately.
That single fact is what makes premium processing so valuable right now. Under standard processing, an EB-1A I-140 currently takes over two years to adjudicate, with 80% of cases completed within approximately 26 to 27 months. Premium Processing compresses that to 15 business days for an initial action. For an applicant whose priority date is already current, Premium Processing can be the difference between waiting two-plus years to even begin the final stage of the green card process and starting it within a month of filing.
Note: Standard processing time figures should be verified against current USCIS data before publication, as processing times fluctuate.
Concurrent filing means submitting your I-140 petition and your I-485 Adjustment of Status application at the same time, or filing your I-485 immediately after your I-140 is approved. This is only possible when your priority date is current in the Visa Bulletin at the time of filing.
For applicants with a current priority date in 2026, the path looks like this with Premium Processing:
Compare that to a standard processing scenario where the I-140 alone takes over two years before concurrent filing can even begin, and the advantage becomes clear.
One important note: priority dates can retrogress in subsequent Visa Bulletin editions. Confirming currency both at the time of filing and in the months that follow is an essential part of the strategy, and something your immigration attorney should monitor closely.
For applicants born in India or China, the EB-1 category carries a significant backlog due to per-country annual limits on green card issuance. The concurrent filing opportunity described above does not currently apply to Indian and Chinese nationals in the same way. Premium Processing still has value for EB-1A petitioners from India or China in other contexts, which are covered below, but the accelerated green card timeline that makes this moment so significant for other applicants is not available to them under current Visa Bulletin conditions.
Premium Processing is an optional USCIS service. For an additional government fee, it guarantees an initial action on your I-140 petition within 15 business days.
That initial action will be one of the following:
Premium Processing does not guarantee approval. The strength of your evidence package is what drives that outcome.
As of June 2026, the government filing fees for an EB-1A petition with premium processing are as follows:
*These are government filing fees only and do not include attorney fees. Always verify current fees at uscis.gov before filing, as USCIS adjusts them periodically.
You can add Premium Processing to a petition that is already pending by filing Form I-907 with the applicable fee. The 15-business-day clock begins when USCIS receives the form, not from the original petition filing date.
The concurrent filing opportunity is the most compelling reason to use premium processing right now. But it is not the only one.
H-1B holders approaching their status limit. If you are on an H-1B visa and approaching the standard six-year cap, an approved I-140 unlocks cap-exempt extensions that would otherwise not be available to you. The sooner that approval is in hand, the more flexibility you and your attorney have to structure your extension strategy.
Applicants in active employer negotiations. Walking into a conversation with a new employer with a confirmed I-140 approval on record demonstrates that your immigration situation is stable and on track. That removes uncertainty from the negotiation and puts you in a stronger position.
AC21 portability. Portability rights under the American Competitiveness in the Twenty-First Century Act (AC21) only activate once your I-140 is formally approved. For applicants who want the flexibility to change jobs without disrupting their green card case, moving that approval date forward matters.
Whether and when to use Premium Processing is always a case-specific decision. The right answer depends on your visa situation, your country of birth, your priority date, and where you are in the overall process. For applicants with a current priority date, the window right now is genuine and can be worth acting on. Colombo & Hurd has helped hundreds of extraordinary ability petitioners evaluate exactly these decisions and structure their filings accordingly.
USCIS guarantees an initial action within 15 business days of receiving the premium processing request. That action may be an approval, an RFE, or a Notice of Intent to Deny. If an RFE is issued, the clock pauses until a response is submitted, then restarts for another 15-business-day window.
As of June 2026, the premium processing fee for an I-140 petition is $2,965. Verify current fees at uscis.gov before filing.
Yes. You can upgrade a pending I-140 to premium processing at any time by filing Form I-907 with the applicable fee. The 15-business-day clock begins when USCIS receives the form.
No. Premium Processing guarantees a faster initial action. Approval depends on the strength and quality of your evidence package.
For applicants whose EB-1 priority date is current in the Visa Bulletin, concurrent filing of the I-140 and I-485 makes this possible. Premium Processing accelerates the I-140 approval so that I-485 adjudication can begin within weeks rather than years. Total timelines vary, but 10 to 15 months from initial filing is a realistic range under current conditions.
If your priority date is current and you have extraordinary ability, this may be one of the most important windows in your immigration journey. Colombo & Hurd can help you evaluate your evidence package, confirm your priority date strategy, and structure your filing to take full advantage of current Visa Bulletin conditions.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC
Find Your Next Job !
For most employment-based green card applicants, the wait for a green card is measured in years. But for foreign nationals with extraordinary ability who were born outside of India and China, 2026 presents a window that does not come around often: the EB-1 category is current in the Visa Bulletin, visas are available, and Premium Processing makes it possible to go from filing your I-140 to having a green card in hand in a matter of months.
For EB-1A applicants whose priority date is current, this means that Premium Processing is a mechanism that can be used to obtain a green card within an actionable timeline. This article explains how that works, what it costs, and who stands to benefit most.
The EB-1 preference category covers extraordinary ability petitions (EB-1A), outstanding professors and researchers (EB-1B), and multinational executives and managers (EB-1C). Throughout 2026, EB-1 has remained current in the Visa Bulletin for most applicants, meaning there is no line to wait in. If your I-140 is approved and your priority date is current, you can file your I-485 adjustment of status immediately.
That single fact is what makes premium processing so valuable right now. Under standard processing, an EB-1A I-140 currently takes over two years to adjudicate, with 80% of cases completed within approximately 26 to 27 months. Premium Processing compresses that to 15 business days for an initial action. For an applicant whose priority date is already current, Premium Processing can be the difference between waiting two-plus years to even begin the final stage of the green card process and starting it within a month of filing.
Note: Standard processing time figures should be verified against current USCIS data before publication, as processing times fluctuate.
Concurrent filing means submitting your I-140 petition and your I-485 Adjustment of Status application at the same time, or filing your I-485 immediately after your I-140 is approved. This is only possible when your priority date is current in the Visa Bulletin at the time of filing.
For applicants with a current priority date in 2026, the path looks like this with Premium Processing:
Compare that to a standard processing scenario where the I-140 alone takes over two years before concurrent filing can even begin, and the advantage becomes clear.
One important note: priority dates can retrogress in subsequent Visa Bulletin editions. Confirming currency both at the time of filing and in the months that follow is an essential part of the strategy, and something your immigration attorney should monitor closely.
For applicants born in India or China, the EB-1 category carries a significant backlog due to per-country annual limits on green card issuance. The concurrent filing opportunity described above does not currently apply to Indian and Chinese nationals in the same way. Premium Processing still has value for EB-1A petitioners from India or China in other contexts, which are covered below, but the accelerated green card timeline that makes this moment so significant for other applicants is not available to them under current Visa Bulletin conditions.
Premium Processing is an optional USCIS service. For an additional government fee, it guarantees an initial action on your I-140 petition within 15 business days.
That initial action will be one of the following:
Premium Processing does not guarantee approval. The strength of your evidence package is what drives that outcome.
As of June 2026, the government filing fees for an EB-1A petition with premium processing are as follows:
*These are government filing fees only and do not include attorney fees. Always verify current fees at uscis.gov before filing, as USCIS adjusts them periodically.
You can add Premium Processing to a petition that is already pending by filing Form I-907 with the applicable fee. The 15-business-day clock begins when USCIS receives the form, not from the original petition filing date.
The concurrent filing opportunity is the most compelling reason to use premium processing right now. But it is not the only one.
H-1B holders approaching their status limit. If you are on an H-1B visa and approaching the standard six-year cap, an approved I-140 unlocks cap-exempt extensions that would otherwise not be available to you. The sooner that approval is in hand, the more flexibility you and your attorney have to structure your extension strategy.
Applicants in active employer negotiations. Walking into a conversation with a new employer with a confirmed I-140 approval on record demonstrates that your immigration situation is stable and on track. That removes uncertainty from the negotiation and puts you in a stronger position.
AC21 portability. Portability rights under the American Competitiveness in the Twenty-First Century Act (AC21) only activate once your I-140 is formally approved. For applicants who want the flexibility to change jobs without disrupting their green card case, moving that approval date forward matters.
Whether and when to use Premium Processing is always a case-specific decision. The right answer depends on your visa situation, your country of birth, your priority date, and where you are in the overall process. For applicants with a current priority date, the window right now is genuine and can be worth acting on. Colombo & Hurd has helped hundreds of extraordinary ability petitioners evaluate exactly these decisions and structure their filings accordingly.
USCIS guarantees an initial action within 15 business days of receiving the premium processing request. That action may be an approval, an RFE, or a Notice of Intent to Deny. If an RFE is issued, the clock pauses until a response is submitted, then restarts for another 15-business-day window.
As of June 2026, the premium processing fee for an I-140 petition is $2,965. Verify current fees at uscis.gov before filing.
Yes. You can upgrade a pending I-140 to premium processing at any time by filing Form I-907 with the applicable fee. The 15-business-day clock begins when USCIS receives the form.
No. Premium Processing guarantees a faster initial action. Approval depends on the strength and quality of your evidence package.
For applicants whose EB-1 priority date is current in the Visa Bulletin, concurrent filing of the I-140 and I-485 makes this possible. Premium Processing accelerates the I-140 approval so that I-485 adjudication can begin within weeks rather than years. Total timelines vary, but 10 to 15 months from initial filing is a realistic range under current conditions.
If your priority date is current and you have extraordinary ability, this may be one of the most important windows in your immigration journey. Colombo & Hurd can help you evaluate your evidence package, confirm your priority date strategy, and structure your filing to take full advantage of current Visa Bulletin conditions.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC
Leave a Reply