Employment-based green cards: EB-1 through EB-5

What is an employment-based green card?

An employment-based green card gives a foreign national permanent residence because of their work: a job offer from a U.S. employer, an extraordinary track record, work that benefits the country, or a qualifying investment. Congress sets aside roughly 140,000 of these green cards each fiscal year, split across five preference categories, and the total is shared by workers and their spouses and children. The State Department's Visa Bulletin describes the yearly employment-based level as at least 140,000, because unused family-sponsored numbers from the prior year can raise it. Per-country limits mean people born in high-demand countries, especially India and China, often wait much longer than others.

The five preference categories at a glance

Start with the detailed guides: EB-1, EB-2 National Interest Waiver, PERM labor certification and EB-5.

Employer-sponsored (PERM) vs. self-petition

Most EB-2 and EB-3 cases begin with PERM labor certification, where the employer proves to the Department of Labor that no able, willing and qualified U.S. worker is available for the job at the prevailing wage. Only after DOL certifies the job can the employer file Form I-140 with USCIS. As of October 2026, DOL reports average PERM analyst review of about 336 days, on top of the prevailing wage and recruitment stages.

Two paths skip PERM and let you file for yourself: EB-1A (extraordinary ability) and the EB-2 National Interest Waiver. These give you control and portability but put the full burden of proof on your own record. EB-1B and EB-1C skip PERM but still need an employer to petition.

How long is the wait? Priority dates and the Visa Bulletin

Your priority date is your place in line: the date DOL received the PERM application, or the date USCIS received the I-140 if no PERM was needed. Each month the State Department's Visa Bulletin shows which priority dates may move forward. As of the November 2026 bulletin, EB-1 is current for most countries, while EB-2 and EB-3 for applicants born in India date back more than a decade. Our Visa Bulletin tracker shows the latest movement. An approved I-140 can usually lock in your priority date even if you later change employers and start a new case.

Adjustment of status vs. consular processing

When your priority date is current, you finish the case in one of two ways:

• Adjustment of status (Form I-485) if you are in the U.S. in a lawful status. You may receive a work permit and travel document while it is pending, and after 180 days you may be able to change to a similar job under the portability rules.
• Consular processing through the National Visa Center and a U.S. embassy or consulate if you are abroad or prefer it. It can be faster in some posts but requires travel and an interview overseas.

Our guide to adjustment vs. consular processing compares cost, timing and risk.

Typical sequence for an employer-sponsored case

Before you start

Employers carrying many of these costs should review our employer guide and sponsorship cost calculator. Workers in H-1B status should track how the green card timeline interacts with the six-year H-1B limit, since an approved I-140 or a pending PERM filed early enough can allow extensions beyond six years.