Find Your Fastest Path to a US Green Card — April 2026
Stateside is a free tool that compares every employment-based green card pathway side by side using live USCIS processing times, visa bulletin priority dates, and DOL labor certification data. Enter your visa status, education, and country of birth to see personalized timelines.
Data sourced from USCIS, Department of State, and DOL FLAG. Last updated .
Key Takeaways
- •Fastest overall path: EB-1A (Extraordinary Ability) or EB-2 NIW (National Interest Waiver) — no employer sponsorship or PERM labor certification required. I-140 processing: 6–9 months, or 15 business days with premium processing ($2,805 fee).
- •Most common path: PERM → I-140 → I-485, typically through EB-2 or EB-3. PERM labor certification currently takes ~17 months. Total timeline for "All Other" countries: approximately 2–3 years.
- •India EB-2 backlog: Final Action Date is Jul 2014 — meaning applicants face a multi-year wait after I-140 approval. EB-3 India is Nov 2013. Some applicants "downgrade" to EB-3 if the wait is shorter.
- •China EB-2 backlog: Final Action Date is Sep 2021. EB-1 China is Apr 2023. Significantly shorter backlog than India.
- •I-485 adjustment of status: Currently 10–18 months. Filing fee: $1,440. Concurrent filing (I-140 + I-485 together) is available when visa bulletin dates are current.
- •Canadian and Mexican TN visa holders can pursue green cards, but must manage dual intent carefully. The TN visa is technically non-immigrant intent. Most TN holders transition via H-1B or file EB-2 NIW. See our TN to Green Card guide.
Employment-Based Green Card Pathways Compared
The US offers several employment-based (EB) green card categories. Each has different requirements, processing times, and backlog situations. Here's how they compare as of April 2026.
EB-1: Priority Workers
EB-1 is the fastest employment-based category with three sub-types:
- EB-1A (Extraordinary Ability): Self-petitioned. No employer or PERM needed. Requires sustained national or international acclaim in sciences, arts, education, business, or athletics.
- EB-1B (Outstanding Researcher): Employer-sponsored. Requires international recognition for outstanding achievements in a specific academic field and 3+ years of experience.
- EB-1C (Multinational Manager): For executives and managers transferring from a foreign office to a US office of the same employer.
Current visa bulletin: EB-1 All Other is Current, China is Apr 2023, India is Apr 2023. I-140 processing time: 6–9 months, or 15 business days with premium processing.
EB-2: Advanced Degree or Exceptional Ability
EB-2 has two main routes:
- EB-2 with PERM: Employer-sponsored. Requires a master's degree or bachelor's + 5 years progressive experience. The employer must complete PERM labor certification (~17 months) before filing I-140.
- EB-2 NIW (National Interest Waiver): Self-petitioned under the Matter of Dhanasar (26 I&N Dec. 884, 2016) three-prong test. No PERM required. Applicant must show: (1) substantial merit and national importance, (2) well-positioned to advance the endeavor, (3) beneficial to waive the job offer requirement. Filing fee: $715. See our EB-2 NIW guide.
Current visa bulletin: EB-2 All Other is Current, China is Sep 2021, India is Jul 2014.
EB-3: Skilled Workers and Professionals
EB-3 covers skilled workers (2+ years experience), professionals (bachelor's degree), and other workers. All EB-3 petitions require PERM labor certification. Current visa bulletin: EB-3 All Other is Jun 2024, China is Jun 2021, India is Nov 2013.
PERM Labor Certification Timeline
Most employer-sponsored green cards (EB-2 with PERM and EB-3) require the employer to complete PERM labor certification through the Department of Labor. This proves no qualified US worker is available for the position.
- Prevailing Wage Determination (PWD): Currently ~3 months. The DOL is processing cases filed around January 2026.
- PERM application (ETA Form 9089): Currently ~17 months after filing. The DOL is processing applications filed around November 2024.
- PERM audit: If audited, add approximately 10 additional months. The DOL is processing audited cases from June 2025.
Total PERM timeline (PWD + recruitment + filing + adjudication): approximately 23–26 months without audit. See our complete PERM process guide for step-by-step detail including recruitment requirements (20 CFR §656.12).
Green Card Timelines by Current Visa Status
H-1B to Green Card
The H-1B is the most common pathway to an employment-based green card. H-1B holders benefit from "dual intent" — the visa explicitly allows permanent residence intent. Under AC21 §106(a), H-1B extensions beyond the 6-year limit are available while a PERM or I-140 is pending for 365+ days. Under AC21 §104(c), if an I-140 is approved, H-1B extensions are available in 3-year increments until a green card number becomes available. See our H-1B to Green Card guide.
TN Visa to Green Card
Canadian and Mexican professionals on TN visas can pursue green cards, but face a "dual intent" complication — the TN is a non-immigrant visa, and USCIS may question green card filings. Common strategies: (1) have the employer file PERM and I-140 while on TN, then switch to H-1B for I-485 filing; (2) file EB-2 NIW to avoid employer dependency; (3) use Canadian-specific options like the 2-year TN + advance parole strategy. See our TN to Green Card guide.
L-1 to Green Card
L-1 intracompany transferees have a direct path through EB-1C (multinational manager/executive) which skips PERM entirely. L-1B (specialized knowledge) typically goes through EB-2 or EB-3 with PERM. L-1 holders have dual intent, making the green card filing straightforward.
O-1 to Green Card
O-1 visa holders (extraordinary ability) are strong candidates for EB-1A self-petition, as the evidence requirements overlap significantly. No PERM needed. O-1 holders can also pursue EB-2 NIW if they prefer the lower evidentiary standard.
Current USCIS Filing Fees
- I-140 (Immigrant Worker Petition): $715
- I-485 (Adjustment of Status): $1,440
- I-765 (Employment Authorization / EAD): $260
- I-907 (Premium Processing): $2,805
- I-129 (H-1B Petition): $2,780
Fees are per the USCIS fee schedule effective April 2024. Employer-paid attorney fees for PERM and I-140 typically add $5,000–$15,000.
Priority Date Portability & Concurrent Filing
Under AC21 §106(a) (INA §204(j)), an approved I-140 petition's priority date can be retained even if the petitioner (employer) withdraws the petition or goes out of business, as long as I-485 has been pending for 180+ days. This means you can change employers and keep your place in line.
Concurrent filing allows you to file I-485 at the same time as I-140 when visa numbers are available (your priority date is current on the Dates for Filing chart). This gets you an EAD (work permit) and Advance Parole (travel document) while waiting — providing flexibility to change employers under AC21 portability after 180 days.
EB-2 to EB-3 downgrade: Applicants from India sometimes "downgrade" from EB-2 to EB-3 if the EB-3 backlog is moving faster, while retaining their original EB-2 priority date under INA §202(a)(2).
How Stateside Works
Stateside calculates your personalized green card timeline by combining:
- Your current visa status — H-1B, TN, L-1, O-1, F-1/OPT, or no current US status
- Your education and experience — determines EB-2 vs EB-3 eligibility and NIW/EB-1 qualification
- Your country of birth — determines visa bulletin backlog (India and China have the longest waits)
- Live processing times — USCIS, DOL, and State Department data updated daily to show current wait times, not historical averages
The tool then shows all qualifying pathways side by side on a visual timeline, ranked by total estimated time to green card. You can track your progress through each stage and see how changes (like premium processing or a priority date port) affect your timeline.