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Jan 19, 2026

‘Einstein Visa’ Filings Triple as H-1B Quotas and Backlogs Push Talent Toward EB-1A

‘Einstein Visa’ Filings Triple as H-1B Quotas and Backlogs Push Talent Toward EB-1A
U.S. Citizenship and Immigration Services data show EB-1A extraordinary-ability petitions have surged to more than 7,500 per quarter—triple the volume seen just four years ago—as skilled foreign nationals seek a green-card pathway that bypasses the H-1B lottery and lengthy PERM labour-certification queues.

The trend, highlighted on 19 January by the Times of India and confirmed by immigration attorneys, reflects mounting frustration with a capped H-1B program now subject to a wage-weighted lottery and plagued by adjudication slow-downs. Employers report wait times exceeding 10 months for cap-exempt H-1Bs and 18 months for some extensions after multiple requests for evidence. For Indian and Chinese professionals—who also face decades-long employment-based immigrant-visa backlogs—the self-sponsored EB-1A category offers a relative fast track to permanent residence.

To qualify, applicants must document sustained acclaim in their field using at least three of ten regulatory criteria (major awards, critical reviews, original contributions, etc.). Approval rates, however, have fallen from 67 % in 2021 to roughly 50 % in mid-2025 as USCIS has tightened evidentiary standards and launched an anti-fraud vetting centre. Lawyers report a parallel grey market offering ghost-written academic papers and purchasable citations—practices the agency vows to crack down on.

‘Einstein Visa’ Filings Triple as H-1B Quotas and Backlogs Push Talent Toward EB-1A


Whether you’re assembling your own EB-1A dossier or guiding employees through the process, VisaHQ can help by supplying customized document checklists, deadline reminders, and expert filing support for U.S. work and residence categories. Explore their streamlined solutions at https://www.visahq.com/united-states/ to minimize delays and keep immigration plans on track.

For corporate mobility teams, the spike has dual implications: high-potential employees may request support letters or sabbaticals to build “extraordinary-ability” portfolios, and companies recruiting from abroad could face higher wage expectations under the new H-1B ranking system. Some employers are proactively sponsoring EB-1A petitions for star researchers and executives to secure retention.

Observers note that EB-1A demand could strain the category’s annual quota of 40,000 if growth continues, potentially triggering retrogression by nationality for the first time since 2012. Companies should monitor monthly Visa Bulletin movements and counsel eligible talent about timing strategies, premium-processing costs and the risk of future backlogs.
VisaHQ's expert visas and immigration team helps individuals and companies navigate global travel, work, and residency requirements. We handle document preparation, application filings, government agencies coordination, every aspect necessary to ensure fast, compliant, and stress-free approvals.
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