Key Processing Times at a Glance
- I-140 (Immigrant Petition): 6-9 months (15 business days with premium processing). Premium processing fee: $2,805.
- I-485 (Adjustment of Status): 10-18 months. Filing fee: $1,440.
- I-765 (EAD Work Permit): 3-5 months (30 business days with premium processing).
- PERM Labor Certification: Currently processing cases filed in November 2024 (~17 months wait). Audited cases: ~10 months.
- Prevailing Wage Determination: Currently processing January 2026 (~3 months wait).
- EB-2 India green card wait: 13-19 years from today for new filers.
- EB-2/EB-3 Rest of World: Current (no wait) (EB-2), 2-2 years (EB-3).
USCIS Form Processing Times
These are median processing times reported by USCIS. Premium processing is available for certain forms and guarantees a response (approval, denial, or RFE) within the stated timeframe.
| Form | Purpose | Standard Processing | Premium Processing |
|---|---|---|---|
| I-140 | Immigrant Worker Petition (EB-1, EB-2, EB-3) | 6-9 months | 15 business days ($2,805 fee) |
| I-485 | Adjustment of Status (Green Card application) | 10-18 months | Available (30 business days, $2,805 fee) |
| I-765 | Employment Authorization Document (EAD) | 3-5 months | 30 business days ($2,805 fee) |
| I-130 | Petition for Alien Relative (family-based) | 10-16 months | 15 business days ($2,805 fee) |
| I-129 | Nonimmigrant Worker Petition (H-1B, L-1, O-1, TN) | 2-6 months | 15 business days ($2,805 fee) |
Department of Labor Processing Times
The PERM labor certification process is required for most EB-2 and EB-3 employment-based green cards. Processing times are based on the case filing dates DOL is currently reviewing.
| Process | Currently Processing Cases From | Estimated Wait |
|---|---|---|
| Prevailing Wage Determination (PWD) | January 2026 | ~3 months |
| PERM Labor Certification (Analyst Review) | November 2024 | ~17 months |
| PERM Labor Certification (Audit Review) | June 2025 | ~10 months |
Source: DOL FLAG Processing Times. Audit review time is measured from when the audit response was submitted. Total time for audited PERM cases is typically 6-12 months longer than non-audited cases.
Visa Bulletin — Final Action Dates
Final Action Dates determine when your green card can be approved. If your priority date is before the cutoff date for your category and country of birth, your case is “current” and can be adjudicated. “Current” means there is no backlog.
| Category | Country | Cutoff Date | Estimated Wait (New Filer) |
|---|---|---|---|
| EB-1 | Rest of World | Current | Current (no wait) |
| EB-1 | China | Apr 2023 | 2-4 years |
| EB-1 | India | Apr 2023 | 2-4 years |
| EB-2 | Rest of World | Current | Current (no wait) |
| EB-2 | China | Sep 2021 | 4-6 years |
| EB-2 | India | Jul 2014 | 13-19 years |
| EB-3 | Rest of World | Jun 2024 | 2-2 years |
| EB-3 | China | Jun 2021 | 5-7 years |
| EB-3 | India | Nov 2013 | 10-16 years |
Source: US Department of State Visa Bulletin. Wait estimates are based on historical priority date advancement rates and assume current trends continue.
Visa Bulletin — Dates for Filing
Dates for Filing determine when you can submit your I-485 (Adjustment of Status) application and receive an Employment Authorization Document (EAD) and Advance Parole while waiting for final approval. These dates are typically more current (further ahead) than Final Action Dates.
| Category | Country | Filing Cutoff Date | Estimated Wait to File |
|---|---|---|---|
| EB-1 | Rest of World | Current | Current (no wait) |
| EB-1 | China | Dec 2023 | 2-4 years |
| EB-1 | India | Dec 2023 | 2-4 years |
| EB-2 | Rest of World | Current | Current (no wait) |
| EB-2 | China | Jan 2022 | 4-6 years |
| EB-2 | India | Jan 2015 | 10-16 years |
| EB-3 | Rest of World | Current | Current (no wait) |
| EB-3 | China | Jan 2022 | 3-5 years |
| EB-3 | India | Jan 2015 | 10-14 years |
Current USCIS Filing Fees
Government filing fees for employment-based immigration forms. These do not include attorney fees.
| Form | Filing Fee |
|---|---|
| I-140 (Immigrant Petition) | $715 |
| I-485 (Adjustment of Status) | $1,440 |
| I-765 (EAD) | $260 |
| I-129 H-1B (includes all fees) | $2,780 |
| I-907 (Premium Processing) | $2,805 |
Understanding Immigration Processing Times
What determines your green card timeline?
Your total green card timeline depends on three main factors: (1) your employment-based category (EB-1, EB-2, or EB-3), (2) your country of birth, and (3) which steps you still need to complete. For most employer-sponsored applicants, the process includes a prevailing wage determination (PWD), PERM labor certification, I-140 petition, and I-485 adjustment of status.
EB-2 NIW: Skipping PERM
EB-2 National Interest Waiver (NIW) applicants can skip the PERM labor certification entirely, saving 12-18+ months. The NIW requires demonstrating that your work benefits the United States under the three-prong Dhanasar framework established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
Premium Processing
Premium processing (Form I-907, $2,805 fee) guarantees USCIS will take action on your petition within 15 business days for I-140 and I-129, or 30 business days for I-485 and I-765. “Action” means an approval, denial, request for evidence (RFE), or notice of intent to deny (NOID).
Priority Date Portability
Under AC21 §106(a), an approved I-140 priority date can be retained even if you change employers, as long as the I-140 is not revoked for fraud. This means if your employer filed an I-140 and it was approved, you can “port” that priority date to a new employer’s petition, potentially saving years of waiting in the queue.
Concurrent Filing
When the Dates for Filing chart is current for your category and country, you can file I-485 concurrently with I-140. This lets you get an EAD (work authorization) and Advance Parole (travel document) while your green card is pending — typically within 3-5 months.
Data Sources
- USCIS form processing times: egov.uscis.gov/processing-times
- DOL PERM and PWD processing: flag.dol.gov/processingtimes
- Visa Bulletin (priority dates): travel.state.gov
Processing times are estimates based on official government data. They are not legal advice. Consult an immigration attorney for guidance specific to your situation.