Employment-Based Green Cards: EB-1 vs EB-2 vs EB-3 Compared (2026)

EB-1 is for top-tier talent and managers, EB-2 for advanced-degree professionals and people with exceptional ability, and EB-3 for skilled workers and professionals with a bachelor’s degree. EB-1 skips the PERM labor certification and is usually fastest; EB-2 and EB-3 normally need an employer and PERM, unless you qualify for the EB-2 National Interest Waiver. Your country of birth often matters more than your category: in October 2026, India EB-2 applicants wait for a 2013 cutoff while most of the world is at 2025.

Key points

• EB-1: extraordinary ability (self-petition), outstanding researchers, multinational managers. No PERM.
• EB-2: master’s degree, or bachelor’s plus 5 years’ progressive experience, or exceptional ability. PERM needed unless you get a National Interest Waiver.
• EB-3: bachelor’s-level professionals, skilled workers (2 years’ training or experience), and other workers. PERM always needed.
• Backlogs depend on your country of birth; check the monthly Visa Bulletin.
• Core USCIS fees in 2026: I-140 $715 paper / $665 online plus an Asylum Program Fee, and I-485 $1,440 / $1,390.

The three categories at a glance

	EB-1	EB-2	EB-3
Who it is for	Extraordinary ability (EB-1A), outstanding professors and researchers (EB-1B), multinational executives and managers (EB-1C)	Advanced degree holders or people with exceptional ability	Professionals (bachelor’s), skilled workers, other workers
Job offer needed?	No for EB-1A; yes for EB-1B and EB-1C	Yes, unless NIW	Yes
PERM labor certification?	No	Yes, unless NIW	Yes
Self-petition possible?	EB-1A only	NIW only	No
Share of annual EB visas	About 28.6%	About 28.6% plus EB-1 spillover	About 28.6% (other workers capped at 10,000)
Typical evidence burden	Highest	Medium to high	Lowest

Source: USCIS permanent workers. EB-4 (special immigrants such as religious workers) and EB-5 (investors) are separate; see our EB-5 investor visa guide.

EB-1 in detail

EB-1A: extraordinary ability

You must show sustained national or international acclaim in sciences, arts, education, business, or athletics. You either show a one-time major award (think Nobel Prize level) or meet at least 3 of 10 regulatory criteria, such as lesser awards, published material about you, judging others’ work, original contributions of major significance, scholarly articles, high salary, or leading roles. USCIS then makes a final merits determination of whether you are truly at the top of your field.

EB-1B: outstanding professors and researchers

Needs at least 3 years’ experience in teaching or research, international recognition, and a permanent research or tenure-track job offer from a university or qualifying private employer.

EB-1C: multinational managers and executives

For managers or executives who worked for a related company abroad for at least 1 of the 3 years before coming to the US (or before the petition), and who will work in a managerial or executive role for the US affiliate. This is a common path for L-1A holders.

EB-2 in detail

You qualify for EB-2 through either:

• Advanced degree: a US master’s or higher (or foreign equivalent), or a bachelor’s plus at least 5 years of progressive post-degree experience, for a job that requires that level.
• Exceptional ability: expertise significantly above the ordinary in sciences, arts, or business, shown by meeting at least 3 of 6 criteria (degree, 10 years’ experience, license, high salary, professional membership, recognition).

Most EB-2 cases need PERM. The National Interest Waiver (NIW) removes both the job offer and PERM requirement if your work has substantial merit and national importance, you are well positioned to advance it, and waiving the requirements benefits the US. Our EB-2 NIW guide covers the test and evidence.

EB-3 in detail

• Professionals: jobs requiring a US bachelor’s degree or foreign equivalent.
• Skilled workers: jobs requiring at least 2 years of training or experience.
• Other workers: jobs requiring less than 2 years of training or experience. This subcategory is capped at 10,000 visas a year and usually has a longer wait.

EB-3 has the lowest bar, but it is not always slower. In some months EB-3 dates for certain countries have been ahead of EB-2, so some applicants file in both categories.

How the employer-sponsored process works

For EB-2 (non-NIW) and EB-3:

1. Prevailing wage determination from the Department of Labor.
2. Recruitment: the employer tests the US labor market with required job ads.
3. PERM labor certification (Form ETA-9089) filed with the Department of Labor. The filing date becomes your priority date.
4. Form I-140 filed with USCIS after PERM approval.
5. Form I-485 (adjustment of status in the US) or consular processing abroad, once your priority date is current under the chart USCIS accepts that month.

EB-1A and NIW applicants skip steps 1 to 3 and start at the I-140. Their priority date is the I-140 receipt date.

A pending policy matters here: in March 2026 the Department of Labor proposed raising prevailing wage levels for PERM and H-1B (for example, moving Level I from the 17th to the 34th percentile). As of October 2026, we have not confirmed a final rule. If finalized, it would raise the wage employers must offer.

Backlogs by country (October 2026)

Final Action Dates (when a green card can be approved):

Category	Most countries	China	India	Mexico	Philippines
EB-1	Current	01JUL23	01FEB23	Current	Current
EB-2	01JAN25	01OCT21	01NOV13	01JAN25	01JAN25
EB-3	15MAY24	08JAN22	01JAN14	15MAY24	15AUG23

Dates for Filing (USCIS is accepting this chart for I-485 filing in October 2026):

Category	Most countries	China	India
EB-1	Current	01JUL24	01JUL24
EB-2	15MAR26	01JAN23	15JAN15
EB-3	01AUG24	01APR24	15JAN15

Figures from the October 2026 bulletin as transcribed by law firms; check the official bulletin. Details in our October 2026 Visa Bulletin summary, and the basics in how to read the Visa Bulletin.

The per-country cap (7% of total preference visas) is the reason India and China wait so much longer: demand from those countries far exceeds their share.

Costs (USCIS fees as of October 2026)

Item	Fee
I-140, paper / online	$715 / $665
Asylum Program Fee with I-140	$600 ($300 for small employers and self-petitioners)
Premium processing (I-907) for I-140	$2,965
I-485 (age 14+), paper / online	$1,440 / $1,390
I-765 work permit filed with or after a pending I-485	$260

Source: USCIS fee schedule G-1055, edition 10/07/26; premium processing fee effective March 1, 2026. PERM itself has no government filing fee, but the employer must pay attorney and recruitment costs. Full list in our USCIS fees 2026 table.

How to choose

• Strong record of awards, publications, press, or judging? Look at EB-1A, which avoids PERM and has short waits for most countries.
• Researcher, entrepreneur, or specialist working on something of national importance? Consider EB-2 NIW, possibly alongside an employer-sponsored case.
• Master’s degree and an employer willing to sponsor? EB-2 via PERM is the standard route.
• Bachelor’s degree only, or a skilled trade? EB-3 via PERM.
• Born in India or China? Compare both charts every month and ask about filing in more than one category. Keeping an early priority date is valuable.

Note also that USCIS policy since August 2025 treats “anti-American” ideology or activity as a heavily negative factor in discretionary decisions, including adjustment of status. Applicants with any public activity that could be misread should get legal advice.

What to do next

1. Decide which categories you plausibly meet, using the tables above.
2. If you need an employer, ask early about PERM sponsorship; it often takes more than a year before the I-140 stage.
3. If you might self-petition, collect evidence now and speak with a licensed immigration attorney about EB-1A or NIW.
4. Check the monthly bulletin and follow our US hub and updates page.