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EB-1A Visa Filings Surge as Indian Professionals Shift Away from H-1B

New data from the U.S. Citizenship and Immigration Services (USCIS) indicates a sharp rise in demand for the EB-1A Extraordinary Ability visa category, reflecting a major shift in how highly skilled professionals—particularly from India—are navigating the U.S. immigration system. Approximately 7,300 EB-1A petitions were filed in Q1 2025, marking more than a 50% increase from the previous quarter, with total filings for 2025 already tracking nearly 50% higher than last year.

This surge comes at a time when the Trump administration’s proposed $100,000 H-1B fee and tightening requirements have created significant friction for U.S. employers and foreign professionals alike. Indians—who comprise more than 70% of all approved H-1B beneficiaries—have been among the most impacted, accelerating a shift toward alternative immigration options that do not rely on employer sponsorship.

“This is not a momentary spike; it is a clear strategic move by global talent, especially Indian professionals, to secure a stable pathway into the U.S. without being dependent on a single employer,” said Frederick Ng, Co-Founder of Beyond Border. “The EB-1A category has become a safe haven as it allows individuals to self-petition, demonstrate their own merit, and bypass the constraints of the H-1B ecosystem.”

The EB-1A visa offers notable advantages: applicants can file independently without a U.S. sponsor; the category is entirely merit-based; and recent USCIS guidance has expanded the types of contemporary evidence that can be used to demonstrate extraordinary ability. Metrics such as product adoption, venture-backed growth, and modern forms of publication are now explicitly recognized, aligning well with the career trajectories of Indian professionals working in global technology firms and fast-growing startups.

Approval rates under the current administration have also remained relatively resilient. USCIS data shows EB-1A approvals holding near 60%, noticeably higher than the EB-2 National Interest Waiver, which has recently fallen to around 54%. This difference, combined with tightening H-1B conditions, has driven many Indian aspirants—both within the U.S. and abroad—to pursue EB-1A either as an Adjustment of Status or as a means to transition away from long-term employer dependency.

The pressures within the broader U.S. immigration system are compounding the trend. Backlogs across employment-based Green Card categories have deepened, with many Indian professionals in EB-2 and EB-3 facing waits that extend for decades due to severe priority-date congestion. This has made EB-1A one of the few viable pathways that can offer faster movement and relief from multidecade queues.

“EB-1A is no longer viewed as a distant or elite option—it has become a realistic, strategic pathway for individuals who can demonstrate impact in technology, research, business or the arts,” added Ng. “For many Indian professionals, it represents independence, mobility, and a future not defined by employer constraints.”

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