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Five Years That Reshaped the EB-1 (2021–2026)

February 24, 2026·Open Editorial·~4 min read
Five Years That Reshaped the EB-1 (2021–2026)

The EB-1 green card, the first-preference category for extraordinary ability, outstanding researchers, and multinational executives, spent 2021 to 2026 transforming from a niche elite lane into one of the most sought-after routes in the entire system. The reasons: a once-in-a-generation flood of visa numbers, then scarcity, then a stampede of talent fleeing lottery-based alternatives. Here is the five-year arc that reshaped the EB-1.

2021-2022: the spillover windfall

Pandemic-era consular shutdowns collapsed family-based visa issuance, and unused family numbers spilled into the employment categories by law. Employment-based green card limits jumped from the usual roughly 140,000 to roughly 262,000 in fiscal 2021 and roughly 281,000 in fiscal 2022, historic highs. EB-1, first in line by design, was current for nearly everyone, and USCIS raced to use the numbers rather than waste them. For qualified applicants, these were the best two filing years in memory.

2023-2024: scarcity returns

The windfall ended as family processing recovered, and demand caught up with a vengeance. By 2023, EB-1 retrogressed for India and China, and even the worldwide category saw temporary cutoff dates as the fiscal year's numbers ran tight, something almost unheard of historically. The queue for Indian EB-1 applicants, while far shorter than EB-2's, became measured in years. The category's golden era of instant availability was over, though EB-1 remained by far the fastest employment green card for most nationalities.

2023-2025: clearer rules, bigger crowds

USCIS updated policy guidance on EB-1A extraordinary ability and EB-1B outstanding researcher criteria, including examples suited to STEM careers and clarification on evidence like team awards and published material. Two forces drove a filing boom:

Approval standards held firm; the two-step analysis, meet at least three criteria, then win the final merits determination, rewarded genuinely distinguished records and punished padded ones.

2025-2026: the vetting era

The second Trump administration's screening push reached EB-1 with more document verification, closer scrutiny of citations, judging, and memberships, and skepticism toward commoditized credentials. For a category the administration itself championed rhetorically, merit over lottery, the practical message was consistent: extraordinary means extraordinary, prove it. Multinational managers under EB-1C saw corporate structures and managerial duties examined with fresh rigor.

What this means for you

If EB-1 is your target in 2026:

The EB-1's five-year story mirrors the best argument for merit-based immigration: when America offers a clear, achievement-priced door, the world's most accomplished people line up at it, lawfully. The line is longer now, which is all the more reason to build a case that belongs at the front.

Not sure which visa fits your situation? Take the free 2-minute Open visa quiz and get your match instantly.

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13 comments from people on the same journey. Be respectful and helpful.
Diego D.🇵🇭· last month
This matches exactly what my attorney told me, good to see it confirmed in plain English.
34Reply
Open
Open TeamSTAFF· replied
Great question — the short answer is yes, and the free quiz will point you to the exact next step for your situation. You can also reach us on WhatsApp anytime.
Sana P.🇪🇬· 1 week ago
Does Open help with cases that are already in progress or only new ones? Asking for real.
19Reply
Ngozi N.🇵🇭· 2 months ago
Reading these comments and realizing I'm not alone in this. That means a lot.
13Reply
Bao L.🇪🇨· 2 days ago
Is it worth getting a lawyer for this or can most people handle it themselves?
13Reply
Sanjay C.🇹🇷· 4 days ago
So much misinformation out there, refreshing to read something accurate for once.
12Reply
Camila G.🇨🇴· 4 days ago
Sent this to my HR department, they had no idea about half of this.
34Reply
Chinwe R.🇵🇰· 2 days ago
The timeline part is what nobody talks about. Everyone focuses on eligibility, not the waiting.
14Reply
Thuy M.🇻🇪· 4 days ago
I took the quiz after reading this and it flagged something I completely overlooked. Thank you.
31Reply
Mei E.🇪🇬· 6 days ago
The part about processing delays hit home. Been waiting 14 months with no update.
7Reply
Daniela S.🇻🇪· yesterday
This is the kind of honest, no-hype breakdown we need more of. Respect.
18Reply
Sana S.🇧🇷· last month
Genuinely the most useful thing I've read on this topic all year. Bookmarked.
16Reply
Tarek P.🇪🇬· 3 weeks ago
Sharing this in our community group, so many people asking about this every single week.
26Reply
Valentina H.🇲🇽· 1 month ago
Bookmarking for my brother who is starting this process next month.
28Reply