Pursuing an Employment-Based Green Card in 2026

Employment-based green cards give foreign nationals and foreign workers a path to permanent residence in the United States through work. Each fiscal year, approximately 140,000 employment-based immigrant visas are made available across five visa categories, each designed for different qualifications and circumstances.

Most categories require employer sponsorship, though some allow self-petition. The requirements and wait times vary by category. Below, you'll find a breakdown of each preference category, the step-by-step application process, current priority dates, costs, and what to expect for your family members.

Employment-based green card categories

U.S. immigration law divides employment-based immigrant visas into five preference categories. Your eligibility depends on education, skills, work experience, and whether an employer sponsors you through the labor certification process.

EB-1: Priority workers

The EB-1 category is reserved for priority workers with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers with at least three years of experience; and multinational managers or executives transferring from a foreign affiliate.

EB-1 petitions do not require PERM labor certification. EB-1A applicants can self-petition, while EB-1C multinational executives need their company to file. This category typically has the shortest wait times.

EB-2: Advanced degree or exceptional ability

The EB-2 category covers professionals holding advanced degrees (master's or higher, or a bachelor's degree plus five years of progressive work experience) and individuals with exceptional ability in the sciences, arts, or business.

Most EB-2 applicants need employer-sponsored PERM labor certification from DOL. The National Interest Waiver (NIW) is a special EB‑2 category that allows qualified individuals to self-petition without a job offer or PERM, but applicants must demonstrate that their work is in the U.S. national interest

EB-3: Skilled workers and professionals

The EB-3 category serves three groups: skilled workers whose jobs require at least two years of training or experience, professionals with a bachelor's degree for positions requiring that credential, and unskilled workers (other workers) for positions needing less than two years of training.

Most EB-3 visa applicants require employer-sponsored PERM labor certification from the U.S. Department of Labor. The exception is applicants in "Schedule A" occupations (such as professional nurses and physical therapists), who are exempt from the PERM requirement because DOL has pre-certified a shortage of U.S. workers in these fields. Backlogs in EB‑3 can be significant, especially for applicants from India and China due to per-country limits. Exact waiting times vary monthly according to the Visa Bulletin

EB-4: Special immigrants

The fourth preference category (EB-4) covers special immigrants, including religious workers and certain U.S. government employees abroad. EB-4 does not require PERM. Religious workers need at least two years of full-time membership in a religious denomination.

EB-5: Immigrant investors

EB-5 is for immigrant investor applicants who invest $800,000 to $1,050,000 in a U.S. business creating at least 10 full-time jobs for U.S. citizens and permanent residents. Investors can self-petition without PERM.

Category comparison

The application process

The employment-based green card application process involves multiple steps across U.S. immigration agencies. While the exact requirements vary by category, most applicants follow a similar path from PERM application through green card approval.

Step 1: PERM labor certification (if required)

For EB-2 (without NIW) and most EB-3 categories, the process begins with PERM labor certification. Your U.S. employer must demonstrate to the U.S. Department of Labor (DOL) that no qualified U.S. workers are available for the position at the prevailing wage.

The PERM process includes prevailing wage determination, required recruitment (job postings, newspaper ads), and filing the labor certification application with DOL. This typically takes 8 to 24 months.

Step 2: File Form I-140

After PERM approval (or immediately for categories not requiring PERM), your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. For EB-1A, NIW, and EB-5, you can file the I-140 petition yourself.

The I-140 filing fee is $665 to $715. Premium processing ($2,965) is available for eligible classifications: for EB-1C and NIW petitions, premium processing guarantees a decision within 45 calendar days; for many other I-140 petitions, the guarantee is 15 business days.

Step 3: Wait for your priority date

Once your I-140 is approved, you need to wait until your priority date becomes current according to the Visa Bulletin. The bulletin actually shows two charts: Final Action Dates (when a green card can be issued) and Dates for Filing (when you may be eligible to submit your application). USCIS will indicate each month which chart to follow for filing.

For most countries, EB-1 and EB-2 priority dates are often current. For India, the backlog can stretch over a decade.

Step 4: Apply for your green card

When your priority date becomes current, you can apply for your immigrant visa and lawful permanent resident status through one of two paths:

• Adjustment of status (if in the U.S. in valid nonimmigrant status): File Form I-485, Application to Register Permanent Residence or Adjust Status. The filing fee is $1,440. If your priority date is current when you file your I-140, you may file the I-485 concurrently.
• Consular processing (if abroad): Your case transfers to the National Visa Center, then to a U.S. consulate for an immigrant visa interview.

Step 5: Interview and approval

You will complete biometrics and, in most cases, attend an interview. USCIS or the consular officer reviews your application, confirms eligibility, and issues the green card upon approval.

Priority dates and processing times

The visa bulletin system determines when you can move forward, and backlogs vary dramatically by category and country. Processing times depend on both USCIS and the Department of State.

How priority dates work

Your priority date depends on your category. For categories that require labor certification (most EB-2 and EB-3), your priority date is the date your PERM labor certification application is filed with the Department of Labor. For categories that do not require labor certification (EB-1, NIW, EB-5), your priority date is the date USCIS receives your Form I-140 immigrant petition.

You cannot file Form I-485 or complete consular processing until your priority date is "current" according to the Visa Bulletin.

The State Department publishes the Visa Bulletin monthly, showing the priority dates currently being processed for each preference category. When your priority date is on or before the date shown, a visa is available and you can proceed.

Current wait times (March 2026)

Processing times vary significantly based on your category and country of birth. India and China face the longest backlogs due to the 7% per-country cap on green cards, regardless of those countries' populations.

Source: Department of State Visa Bulletin

Why backlogs exist

The employment-based backlog includes over 1 million people. The 7% per-country limit creates severe backlogs for India and China while visa applications from other nations process quickly.

Costs and who pays

The green card process involves fees at multiple stages, split between employers and employees under U.S. immigration law.

Employer-paid costs

Under U.S. immigration law, employers must pay PERM-related costs and cannot pass them to foreign workers:

• PERM recruitment: $2,000 to $5,000 or more (advertising, job postings, recruitment activities)
• Attorney fees for PERM: Paid by the employer, as required by federal law. Employees cannot be charged for PERM recruitment or related legal costs.

Employee-paid or negotiable costs

The following fees may be paid by the employer or employee, depending on your arrangement:

• Form I-140 filing fee: $665 to $715
• Premium processing: $2,965 (if requested)
• Form I-485 filing fee: $1,440
• Medical examination: $200 to $600 or more

Other typical fees include the I‑485 adjustment fee (around $1,440) and medical exam costs ($200–$600). These are usually paid by the employee. There is no separate ‘Asylum Program Fee’ required for employment-based green cards.

Cost summary

Important note: Employers cannot require employees to pay PERM costs, including recruitment expenses and related legal fees. These are employer obligations under federal regulations. The I-140 filing fee, by contrast, may legally be paid by either party depending on your arrangement with your employer.

Validity and family members

Once approved, your employment-based green card establishes your status as a lawful permanent resident of the United States. Understanding what this means for you and your family members helps you plan for the long term.

How long is the green card valid?

Permanent residence is indefinite. The physical green card is valid for 10 years and must be renewed using Form I-90. Conditional green cards (some EB-5 investors) are valid for two years before conditions must be removed.

After five years as a lawful permanent resident, green card holders become eligible under U.S. immigration law to apply for U.S. citizenship through naturalization.

Including family members

Your spouse and unmarried children under 21 can apply as derivative applicants, filing Form I-485 concurrently or following to join later.

Important note: Children risk "aging out" if they turn 21 during the green card process. The Child Status Protection Act (CSPA) may protect some children, but calculating eligibility is complex. Consult an immigration attorney if this applies to your situation.

Special considerations

Several situations require additional planning or may affect your eligibility for an employment-based green card.

Can DACA recipients get an employment-based green card?

DACA does not provide a direct path to employment-based green cards because it is not a lawful immigration status for adjustment of status purposes. DACA recipients who entered lawfully with an approved I-140 may have options. Consult an immigration attorney for case-specific analysis.

Job portability under AC21

If your I-485 has been pending 180+ days, you can change to a similar job without losing your application. File Form I-485 Supplement J to confirm the new offer.

Policy changes and processing times

Processing times can shift with U.S. government policy changes. Monitor USCIS for updates affecting employment-based immigrant petitions.

Start your visa journey with confidence

The employment-based green card process spans DOL, USCIS, and the State Department, with strict documentation requirements at every stage. Missed deadlines can delay your case by years.

Lighthouse helps employers and foreign workers navigate this complexity through eligibility diagnostics, PERM compliance guidance, I-140 and I-485 preparation with legal review, and case management technology.

Start your green card evaluation today.

FAQs

What are employment-based green cards?

Employment-based green cards provide permanent U.S. residence through work. There are five preference categories (EB-1 through EB-5), each with different eligibility requirements based on skills, education, or investment. Most require employer sponsorship, though some categories allow self-petition.

Who is eligible for an EB-2 visa?

EB-2 requires an advanced degree (master's or higher) or a bachelor's degree plus five years of progressive experience in the field, or exceptional ability in the sciences, arts, or business. Most applicants need employer sponsorship and PERM, but the National Interest Waiver allows qualified individuals to self-petition without a job offer.

Who is eligible for an EB-3 visa?

EB-3 covers three groups: skilled workers (jobs requiring at least two years of training), professionals (bachelor's degree required for the position), and other workers (unskilled labor requiring less than two years of training). Most EB-3 applicants must have employer sponsorship and PERM labor certification, though Schedule A occupations are exempt from the PERM requirement.

How long does an employment-based green card last?

Permanent residence is indefinite and does not expire. The physical green card is valid for 10 years and must be renewed, but your lawful permanent resident status continues as long as you maintain residence requirements. After five years, you can apply for U.S. citizenship.

Who pays for an employment-based green card?

Employers must pay PERM costs by law, including recruitment expenses and related legal fees. The I-140 filing fee may legally be paid by either the employer or employee, depending on your arrangement. Employees typically pay I-485 filing fees, medical examinations, and personal documentation costs. Premium processing can be paid by either party.

Can DACA recipients get an employment-based green card?

DACA alone does not provide a path to employment-based green cards because it is not a lawful immigration status for adjustment purposes. Individuals who entered the U.S. lawfully and have an approved I-140 may have options, but this requires case-specific analysis with an immigration attorney. Working with an immigration attorney helps determine whether nonimmigrant options or employment authorization may apply.