Does the EB-1A have a backlog waiver?

In the EB-1A, there is no such thing as a waiver that bypasses the queue or the backlog. What determines whether you can move forward with adjustment of status or consular processing is the availability of your priority date in your category, and that is not something that can be circumvented through a waiver.

That availability is not fixed: it shifts over time and according to country of chargeability, depending on demand and the limits of each category. In some periods dates are current; in others, there may be retrogression and wait times, including in the EB-1. It is therefore not safe to assume the category will always be backlog-free.

The EB-1A has the advantage of allowing self-petition based on individual merit, which streamlines building the case, but that is separate from the queue question. Qualifying is one thing; when your priority date becomes available is another.

• There is no waiver to skip the backlog in the EB-1A.
• Wait time depends on the priority date, which changes over time and by country.
• Qualifying and having an available date are two distinct steps.

Because these statuses change periodically, the right approach is to consult the official Visa Bulletin and USCIS to check the current situation for your category, rather than assuming a fixed timeline.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.