Green Card by Employment: EB-1 to EB-5 Categories, Costs and Timelines in 2026

The employment-based Green Card is the main route to permanent immigration for professionals who wish to build a career in the United States. Divided into five categories, known as EB-1 to EB-5, this system offers distinct paths for skilled workers, researchers, executives, investors, and professionals with exceptional abilities. Each category has specific requirements, its own costs, and waiting lists that vary according to the applicant’s country of origin.

Unlike temporary visas such as H-1B or L-1, the employment-based Green Card grants permanent residency from the moment of approval. This means freedom to change employers, start your own business, and, after five years, apply for American citizenship. For families, the benefit extends: spouses and children under 21 are included in the same petition.

With updated USCIS fees and processing times that can exceed two years in some categories, understanding each step of the process is essential for making informed decisions.

The Five EB Categories

The employment-based Green Card system was created by the Immigration and Nationality Act (INA) and allocates approximately 140,000 immigrant visas per fiscal year among the five categories. Each receives a share of this annual quota, and when demand exceeds supply, a waiting list is formed, controlled by the Visa Bulletin published monthly by the Department of State.

• EB-1: professionals with extraordinary ability, outstanding professors and researchers, multinational executives
• EB-2: professionals with advanced degrees or exceptional ability, including the national interest waiver (NIW)
• EB-3: skilled workers, professionals with a university degree, and unskilled workers
• EB-4: special categories, including religious workers and employees of international organizations
• EB-5: investors who invest capital in job-creating enterprises in the US

EB-1: Top of the Pyramid

The EB-1 category is intended for professionals who demonstrate they are at the highest level in their fields. It is subdivided into three groups, each with its own criteria.

EB-1A: Extraordinary Ability

The applicant must demonstrate national or international recognition in sciences, arts, education, business, or athletics. USCIS requires the petitioner to meet at least 3 of the 10 regulatory criteria, such as significant awards, publications in prominent outlets, original contributions of major significance, or a high salary compared to peers in the field. No job offer or PERM Labor Certification is required, and the applicant can self-petition.

EB-1B and EB-1C

EB-1B is aimed at professors and researchers with at least three years of research or teaching experience and international recognition in the field. EB-1C is for executives and managers transferred from multinational companies, requiring at least one year of employment abroad in the three years prior to the petition. Both require a US employer as petitioner.

In April 2026, the EB-1 queue is current for most countries, except China and India, whose final action dates are April 1, 2023. Standard I-140 processing for EB-1 takes between 4 and 7 months, with a premium processing option in 15 business days.

EB-2: Advanced Qualification

The EB-2 category is for professionals with a master’s, doctorate, or a bachelor’s degree combined with five years of progressive experience in the field. It also includes applicants with exceptional ability in sciences, arts, or business. There are two main paths.

EB-2 with PERM

The traditional path requires the US employer to obtain a PERM Labor Certification from the Department of Labor (DOL), demonstrating that there are no qualified, willing, and available US workers for the offered position. In 2026, PERM processing is taking approximately 501 days (about 16.5 months), and about 1 in 3 applications is selected for audit, which can add additional months to the timeline.

EB-2 NIW

The National Interest Waiver waives both the job offer and PERM. The applicant must demonstrate, under the criteria of the Matter of Dhanasar (2016) case, that: (1) their work has substantial merit and national importance; (2) they are well positioned to advance the proposed endeavor; and (3) it would benefit the US to waive the job offer requirement. Standard I-140 processing for EB-2 NIW is around 20 to 24 months, but premium processing in 45 business days, at a cost of $2,965, can significantly speed up the decision.

In the April 2026 Visa Bulletin, the EB-2 category is current for all countries except China (September 2021) and India (July 2014), whose queues remain extensive.

EB-3: Skilled Workers

EB-3 is the broadest category and is divided into three subgroups: skilled workers (minimum of two years of training or experience), professionals with a university degree, and unskilled workers (other workers). All subcategories require a job offer and PERM Labor Certification.

I-140 processing for EB-3 can take 10 to 14 months in standard processing, especially at the Texas Service Center, which handles a higher volume of petitions. The Visa Bulletin queue for EB-3 is also significant: in April 2026, final action dates are June 2024 for most countries, November 2013 for India, and June 2021 for China.

EB-4 and EB-5

The EB-4 category serves professionals in special situations, such as religious workers with a prior R-1 visa, employees of international organizations, doctors working in underserved areas, and translators who served the US armed forces. Each subcategory has its own forms and requirements.

EB-5 is the investment route. The applicant must invest a minimum of $1,050,000 in a commercial enterprise that creates at least 10 full-time jobs for US workers. For investments in Targeted Employment Areas (TEAs), rural or high-unemployment areas, the minimum is $800,000. The EB-5 Reform and Integrity Act of 2022 also created reserved categories with specific visas for investments in rural areas, high-unemployment areas, and infrastructure projects.

Updated Costs in 2026

The costs of the employment-based Green Card process vary according to the category and the steps involved. Below are the main current amounts according to the USCIS Fee Schedule (Form G-1055, March 2026 edition):

For employers with 25 or fewer full-time employees, the Asylum Program Fee is reduced to $300, totaling $1,015 for the I-140. Nonprofit organizations are exempt from this additional fee.

Process Steps

The path to an employment-based Green Card generally follows these steps:

1. PERM Labor Certification (when required): the employer conducts recruitment, obtains a prevailing wage determination, and submits the ETA-9089 form to the DOL. Current timeline: approximately 16.5 months.
2. I-140 Petition: the employer or the applicant (in EB-1A and EB-2 NIW cases) submits the petition to USCIS with all supporting documentation.
3. Wait for priority date in the Visa Bulletin: the priority date is established by the PERM filing date or the I-140 receipt date in cases without PERM.
4. I-485 or Consular Processing: when the priority date becomes current, the applicant can adjust status within the US (I-485) or process the immigrant visa at a US consulate abroad.
5. Issuance of the Green Card: after approval, the permanent resident card is mailed.

Mistakes That Compromise the Process

Some common mistakes can delay or jeopardize obtaining an employment-based Green Card:

• Choosing the wrong category: a candidate with a strong profile for EB-1A who opts for EB-2 with PERM wastes time and faces unnecessary queues
• Insufficient documentation: generic recommendation letters, publications without measurable impact, or weak evidence of qualification undermine the petition
• Ignoring the Visa Bulletin: not monitoring priority dates can cause the applicant to miss I-485 filing windows
• Not considering premium processing: in categories with slow processing, the $2,965 premium can represent significant time savings
• Underestimating PERM: failures in the recruitment process or in the job description can result in an audit or denial of labor certification

The employment-based Green Card offers a structured and predictable path to permanent residency in the United States. With five categories that serve everyone from top researchers to investors, the system accommodates diverse professional profiles, each with its own requirements, costs, and timelines. Advance planning and a clear understanding of each step are the greatest allies for those seeking this path.

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.