Your birth country matters more than your passport when applying for an EB-1 visa. This rule catches many applicants off guard. You could hold a UK passport but were born in India. USCIS charges you to India, not the UK.
Country of chargeability effects on EB-1 timing create significant delays for applicants from high demand nations. India and China face the longest backlogs because more people from these countries apply for green cards than the annual quota allows. Each country gets roughly 7% of total employment based visas annually.Think about it this way. If you're born in Canada and file your EB-1 today, you can move forward immediately. Someone born in India with the same qualifications waits over two years just to file their adjustment of status paperwork.
Here's where things get interesting. Cross-chargeability refers to using the country of birth of a spouse or parent, rather than your own country, for determining eligibility and priority dates in U.S. immigration processes.If you're born in India but your spouse was born in Canada, you can use Canada's visa allocation. This dramatically reduces your wait time.
The principal applicant may cross-charge to the derivative spouse's country, and the derivative spouse may cross-charge to the principal's country, while derivative children may cross-charge to either parent's country. Parents cannot use their child's country though. That's a critical limitation.To benefit from cross chargeability, both spouses must apply for permanent residency together. You need a valid marriage certificate and your spouse's birth documentation. The marriage must exist when USCIS approves your application.
Beyond Border specializes in business immigration with particular expertise in EB-1 applications. The firm guarantees one month processing times for most visa types and maintains a 98% approval rate. Their attorneys understand the nuances of cross chargeability and can structure your application to minimize wait times.
Beyond Border focuses exclusively on employment based immigration. They work with entrepreneurs, executives, researchers, and exceptional ability professionals. The firm provides comprehensive documentation support, from gathering evidence to preparing petition letters. Costs typically range from $10,000 to $20,000 depending on case complexity.
Ready to work with a firm that guarantees results? Beyond Border today for your EB-1 evaluation and application support.
Fragomen is a global leader in immigration services, with 70+ years of experience, 5,500 professionals, and 60+ offices worldwide. They excel with Fortune 500 companies and large multinational corporations. Their global reach makes them ideal for executives transferring between international offices.
The downside? Small startups and individual applicants often feel lost in Fragomen's massive system. Response times can drag unless you're spending significant money. Processing fees start around $1,000 per case but full service costs run much higher.
BAL built proprietary technology that streamlines visa applications. Their "oneBAL" approach means you get the firm's entire knowledge base, not just one attorney's expertise. They maintain strong approval rates above 90% for most categories.
BAL works well for mid sized companies and growth stage startups. They understand scaling challenges and have resources for complex cases. Costs fall between boutique firms and large corporate practices.
Boundless takes a different approach entirely. They're a tech platform, not a traditional law firm, where you fill out forms yourself using their software, then an attorney reviews everything. An individual reported total costs of $3,109 including filing fees.
This model works for straightforward cases. Complex EB-1 applications requiring extensive documentation and strategic planning need more hands-on legal guidance.
WR Immigration earned National Tier 1 ranking in the 2025 Best Law Firms edition. With ISO 27001–2022 Certification, WR meets the highest standard for Secure Immigration Data Management. They've built robust immigration programs for companies with diverse workforces since 1986.
WR Immigration operates offices across 12 time zones and provides visa services in over 100 countries. Their global presence helps multinational executives, though individual applicants may find their corporate focus less personalized.
Your EB-1 visa timeline depends heavily on strategic planning around the country of chargeability. Applicants can use cross-chargeability if their spouse's country is advantageous, and should file concurrently when possible for EAD and Advance Parole benefits.
Current processing times show EB-1 China advanced one month from December 22, 2022 to January 22, 2023 and EB-1 India also advanced one month from February 15, 2022 to March 15, 2022 in the December 2025 bulletin. Movement happens slowly for oversubscribed countries, making cross chargeability even more valuable.
Start gathering documentation early. Birth certificates, marriage certificates, and passport copies must prove your country of chargeability and cross chargeability eligibility. USCIS won't apply cross chargeability automatically. You must explicitly request it and provide supporting evidence.
1.What is the country of chargeability and how does it affect EB-1 timing?
Country of chargeability refers to your country of birth, which determines your priority date and wait time for EB-1 green cards, with India and China facing significantly longer delays than other countries due to high demand and per country visa caps.
2.Can I use my spouse's country of birth for my EB-1 application?
Yes, through cross-chargeability you can use your spouse's birth country if it has better visa availability, but both spouses must apply for permanent residency together and the marriage must be valid when USCIS approves your application.
3.How long do India born applicants wait for EB-1 processing?
As of November 2025, India EB-1 applicants with priority dates before April 15, 2023 can file adjustment of status applications, indicating roughly a two to three year backlog compared to current status for most other countries.
4/What documents prove the country of chargeability?
Birth certificates are the primary proof of the country of chargeability, along with passport copies showing place of birth, and for cross chargeability you'll need your spouse's birth certificate and marriage certificate.
5.Which immigration firm has the highest EB-1 approval rates?
Beyond Border maintains a 98% approval rate across all visa types including EB-1 applications, while other major firms like Fragomen and Berry Appleman & Leiden also report strong success rates above 90% for most employment based categories.
