How Do You Get a Green Card Through Employment in 2026?

The employment green card categories (EB-1 to EB-3)

Most employment-based green cards fall into three preference categories. EB-1 is for people with extraordinary ability, outstanding researchers, and multinational executives or managers — it does not require a job offer in some sub-types and skips labor certification. EB-2 covers advanced-degree professionals and those with exceptional ability (and includes the National Interest Waiver, which can be self-petitioned). EB-3 covers skilled workers, professionals, and certain other workers.

Choosing the right category matters because each has its own annual quota and per-country limits, which directly affect how long you wait. Higher categories (EB-1, EB-2) generally move faster than EB-3, though that varies by country of birth.

Step 1: PERM labor certification

For most EB-2 and EB-3 cases, the employer must first get a PERM labor certification from the US Department of Labor, proving it tested the US labor market and could not find a qualified, willing American worker for the role at the prevailing wage. This involves a formal recruitment campaign and a prevailing-wage determination.

PERM is employer-driven and the employer must bear its costs by law. It commonly takes 8–18 months including recruitment and DOL processing, and it sets your all-important priority date once filed. EB-1 and EB-2 National Interest Waiver cases skip PERM entirely.

Step 2 and 3: the I-140 petition and final stage

With PERM certified (or for PERM-exempt categories), the employer files Form I-140 to establish the worker qualifies and that the employer can pay the offered wage. Premium processing is available for most I-140s for a faster decision.

Once the I-140 is approved and a visa number is available for your priority date and country (check the Visa Bulletin), you complete the green card either by filing Form I-485 inside the US (adjustment of status) or through consular processing abroad. Applicants from countries with heavy demand — notably India and China — can wait years at this stage.

Who pays, and how long it takes

By law the employer pays the PERM costs and generally the I-140 filing fee; the employee may pay later-stage costs such as the I-485 in some cases. For a complete picture of charges, see our green card cost guide.

Total timelines range from roughly 1–2 years for applicants from countries without backlogs to many years for those facing per-country limits. Because so much hinges on category and country of birth, confirm current processing times and the Visa Bulletin before planning. If you are weighing employment options, our USA work visa and immigration guides break down the underlying visas.

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