What happens if my EB-1 is approved but I do not proceed to the green card?

The EB-1 visa is a special category intended for individuals who demonstrate extraordinary ability in their fields, allowing them to seek permanent residence in the United States. Having the EB-1 approved means that the government has recognized your merit and that your immigration petition (generally, Form I-140) meets the required criteria. However, this approval is only the initial step towards the green card.

If you choose not to move forward with adjustment of status (or consular processing) and consequently do not advance to obtaining the green card, you will not automatically gain the benefits of permanent residence. In other words, even with the approved EB-1 petition, you will continue to be classified under your current immigration status – whether it is a nonimmigrant visa or another valid status – without transitioning to the rights and privileges of a permanent resident.

It is important to highlight that, although the EB-1 approval remains valid for certain purposes, failing to proceed with the process prevents you from benefiting from points such as the possibility to work without restrictions, freely move within the country, and access other benefits related to the green card.

In some cases, if you maintain the approved petition, you may consider resuming the process at a later time, provided you remain eligible and comply with the deadlines and requirements in effect at that time. We always emphasize the need to strictly follow United States immigration laws and seek information from official sources or specialized consultancies.

Be cautious of dubious offers and marketing campaigns promising easy or guaranteed solutions, as each case is unique and immigration processes require detailed analysis and proper guidance. Staying informed based on legal criteria is essential to make assertive decisions in your immigration journey.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.