How to Get an Employment-Based Green Card in 2026
Most employment-based green cards take three steps: PERM labor certification, an I-140 petition, then an I-485 or consular visa interview. Your employer runs the first two and pays for PERM. How long you wait depends on your category and country of birth.
Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.
The main categories
- EB-1: extraordinary ability, outstanding professors and researchers, and multinational managers. No PERM needed.
- EB-2: advanced degree holders or people with exceptional ability. The National Interest Waiver lets some skip PERM.
- EB-3: professionals with a bachelor's degree, skilled workers with two years of training or experience, and other workers.
The steps
- Prevailing wage: the employer asks the Labor Department for the minimum wage for the job. As of September 30, 2026, it was working on requests received in June 2026.
- Recruitment: the employer tests the job market with required ads and postings.
- PERM filing: the filing date becomes your priority date. Analyst review averaged 336 days for August 2026 decisions.
- I-140: the employer files with USCIS. Premium processing is available.
- I-485 or consular processing: you file once your priority date is current in the Visa Bulletin.
| Employer | H-1B filings | Transfers | Median pay |
|---|---|---|---|
| Amazon.Com Services LLC | 14,047 | 2,382 | $155k |
| Cognizant Technology Solutions US CorpGC frozen | 10,209 | 872 | $110k |
| Ernst & Young U.S. LLP | 9,808 | 269 | $143k |
| Google LLC | 7,899 | 844 | $186k |
| Microsoft CorporationGC frozen | 7,840 | 879 | $173k |
| Tata Consultancy Services LimitedGC frozen | 7,287 | 353 | $86k |
Wait times in 2026
Each country has a cap, so people born in India and China often wait years after the I-140. Here are October 2026 Final Action Dates.
EB-2 India: November 1, 2013. EB-3 India: January 1, 2014. EB-1 India: February 1, 2023. EB-2 rest of world: January 1, 2025.
For October 2026, USCIS let employment-based applicants use the Dates for Filing chart to submit an I-485. Compare categories in EB-2 vs EB-3.
What it costs and who pays
Labor Department rules require the employer to pay PERM costs, including attorney fees and recruitment. It cannot pass them on to you.
USCIS fees apply to the I-140 and I-485. Check the current USCIS fee schedule before you file, because fees change.
Paths without an employer
EB-1A extraordinary ability and EB-2 National Interest Waiver are self-petitions. They need strong evidence of your achievements.
If you are not on H-1B, see green card without H-1B. L-1 holders should read L-1 to green card.
2026 changes to know
On October 8, 2026, the Labor Department froze PERM for Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini. No end date has been announced. See the PERM freeze guide.
On May 21, 2026, USCIS issued a memo treating adjustment of status as a matter of discretion. How strictly officers apply it is still unclear.
Why some employers avoid sponsoring: PERM costs them money, takes over a year, and requires testing the job market.
Finding sponsors and changing jobs
Check an employer's history before you accept an offer. Our green card sponsors page shows which companies have PERM certifications, and flags frozen ones.
You can change jobs during the process without always starting over. Read changing jobs during the green card process. For H-1B workers, our H-1B to green card guide has detail on each step.
This is general information, not legal advice. Confirm your situation with an immigration attorney before you act.
Questions
What are the steps for an employment-based green card?
Usually PERM labor certification, then Form I-140, then Form I-485 or consular processing once your priority date is current.
How long does an employer green card take in 2026?
PERM alone has averaged about 11 months at the Labor Department. Total time depends on the Visa Bulletin for your category and country.
Who pays for green card sponsorship?
The employer must pay PERM costs. Some I-140 and I-485 costs can be paid by the worker, depending on the arrangement.
Can a US company sponsor someone living abroad?
Yes. The employer files PERM and an I-140, and the worker completes consular processing abroad.
Can I get a green card without an employer?
Yes, through EB-1A or the EB-2 National Interest Waiver, if you meet the evidence standards.
Which companies are barred from PERM in 2026?
As of October 2026: Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL and Capgemini.
Sources
- USCIS: Green Card for Employment-Based Immigrants
- Labor Department: Permanent Labor Certification (PERM)
- Labor Department FLAG: Processing times
- 20 CFR 656.12 (who pays for labor certification), eCFR
- State Department: Visa Bulletin for October 2026
- USCIS: Adjustment of Status Filing Charts from the Visa Bulletin
- Reuters via Hawaii Tribune-Herald: Administration freezes green cards for Microsoft, IT firms (Oct 9, 2026)
- USCIS Policy Memorandum PM-602-0199: Adjustment of Status and Discretion (May 21, 2026)
Guides in this topic
EB-2 vs EB-3: Which Is Faster, Especially for India?
Can You Get a Green Card Without an H-1B?
Can You Change Jobs During the Green Card Process?
