Getting an H-1B visa is getting increasingly difficult, and Indian professionals hoping to work in the United States are now turning in larger numbers to the EB-1A route, according to immigration experts.
What is EB-1A?
The EB-1A category is for individuals who can show extraordinary ability in fields such as science, arts, business or education. Unlike employment-based green card categories such as EB-2 and EB-3, it does not require employer sponsorship. Instead, applicants must meet at least three of 10 criteria set out by US Citizenship and Immigration Services (USCIS).
For multinational executives and researchers applying under EB-1A, labour certification is not required. This is a mandatory step for H-1B and other green card processes. Processing times are also shorter, while backlogs in other categories often stretch for a decade or longer.
It allows a person to self-petition for a green card without a US employer sponsor and is one of the fastest ways to obtain permanent residency.
Why does it matter for Indians?
“According to recent USCIS data, there were approximately 7,300 EB-1A filings in Q1 2025, a surge of over 50% from the previous quarter. Overall, EB-1A applications in 2025 are tracking nearly 50% higher than last year. This spike is largely driven by Indian professionals seeking a ‘safe haven’ from the H-1B route in light of the Trump administration’s recent announcements,” Frederick Ng, co-founder of immigration platform Beyond Border told Business Standard.
With the proposed $100,000 H-1B filing fee, employers are facing more friction when hiring foreign talent on the H-1B programme. Many Indians are now turning to options that do not rely on employer sponsorship, both for entering the United States and for securing long-term residency if they are already there.
Sukanya Raman, immigration attorney and country head at Davies & Associates, said the surge reflects deep backlogs in traditional green-card categories such as EB-2 and EB-3 for Indian nationals, as well as EB-1A’s advantage of allowing applicants to self-petition.
“There is a misconception that EB-1A is only for world-famous scientists,” she told Business Standard. “Extraordinary ability is really about measurable impact, not global fame.”
A growing number of Indian engineers, product leaders and researchers are now filing strong EB-1A applications based on patents, publications, industry awards and leadership roles.
“Indian professionals are realising they already meet the standard,” said Raman. “Their work is driving innovation globally, and the EB-1A category acknowledges that.”
Data from the Cato Institute shows that as of 2023, 53,879 Indians were waiting in the EB-1A green card queue, followed by Chinese nationals.
Why is the category becoming more attractive?
Ng said EB-1A has become a preferred route because it does not rely on employer sponsorship and is based entirely on an individual’s achievements. Interest is especially strong among tech professionals and entrepreneurs, including both those already in the United States seeking Adjustment of Status and those abroad hoping to convert long-term work visas into green cards to reduce employer dependence.
Approval rates for EB-1A remain close to 60% under the current administration. In comparison, approval rates for the EB-2 National Interest Waiver (NIW) route have fallen to about 54%, according to USCIS data.
“For Indian H-1B holders, the shift toward EB-1A is even more pronounced. Indians make up over 70% of approved H-1B beneficiaries, meaning any policy tightening or tech downturn impacts them most sharply. Many Indian H-1B holders traditionally apply through EB-2 or EB-3 categories but now face queues stretching decades—sometimes beyond a normal working lifetime due to priority-date backlogs,” said Ng.