What Moved
• EB-1 Dates for Filing: China and India both jump seven months, from Dec. 1, 2023 to July 1, 2024.
• EB-1 Final Action Dates: China holds at July 1, 2023. India advances to Feb. 1, 2023.

If you were born in China or India and your EB-1 priority date is before July 1, 2024, you can file Form I-485 this month if you're in the U.S. and otherwise eligible to adjust. You can also apply for work authorization and advance parole while you wait for final action.

The EB-1 Advantage
Compare EB-2 for the same countries:
• China EB-2: filing cutoff Jan. 1, 2023; final action Oct. 1, 2021
• India EB-2: filing cutoff Jan. 15, 2015; final action Nov. 1, 2013

For China, EB-1 is 18 months ahead on filing and 21 months ahead on final action. For India, the gap is more than nine years.

Three Things to Know

1. Your priority date can come with you. If you have an approved EB-2 or EB-3 I-140, you can generally keep that priority date for a later EB-1 petition. An EB-2 China beneficiary with a 2022 priority date who qualifies for EB-1 would be ahead of both EB-1 cutoffs, in line not just to file but for final action.

2. Chargeability follows your country of birth, not your citizenship, and a spouse can change the math. If your spouse was born outside China and India and is immigrating with you, you may be able to charge to your spouse's country of birth, where EB-1 is current.

3. File complete, and file soon. USCIS decides month by month which chart applies. Since Aug. 5, USCIS may deny a filing that is missing required initial evidence without first issuing an RFE, and an I-485 filed without the Form I-693 medical exam can be rejected. So can an I-485 on an outdated form edition, so use the current edition. A rushed I-485 filed to catch a window is exactly the kind of filing that can fail.

One Caveat
EB-1 isn't EB-2 with a new label. EB-1A requires sustained national or international acclaim and a showing that you're among the small percentage at the top of your field. EB-1B requires international recognition as an outstanding researcher, at least three years of research or teaching experience, and a qualifying permanent job offer. EB-1C covers multinational managers and executives. For the right person, the time savings are enormous. For the wrong one, it's a denial and lost time.

If you have an EB-2 or EB-3 case with an approved I-140, it's worth checking whether you'd also qualify for EB-1.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***