🇺🇸 USA Immigration Hub 2026
The US immigration system offers significant opportunity, but a 7% per-country cap means Indian EB-2/EB-3 applicants face roughly a 12 to 13 year current backlog, and new filers today are projected to wait 40 to 80+ years given how slowly the queue moves. Check your wait time and explore options.
H-1B $100,000 Fee Impact
How the new fee affects Indian IT workers and what alternatives exist
Policy Timeline
All US immigration changes with dates and official sources
Canada vs USA Immigration 2026
Especially relevant after the $100K H-1B fee
Australia vs USA Immigration 2026
Why Australia's points system avoids the per-country backlog issue
Most US employment-based green cards require an approved Form I-140 petition before you can file for the green card itself. EB-2 (advanced degree or exceptional ability) and EB-3 (skilled workers, professionals, other workers) both generally require PERM Labor Certification first; your employer must prove no qualified, willing US worker is available for the role. PERM alone (prevailing wage determination, recruitment, DOL adjudication) currently averages 23-25 months given ongoing Department of Labor backlogs. Check your estimated total wait with the Green Card Wait Time calculator.
EB-1 (extraordinary ability, outstanding researchers, multinational executives) skips PERM entirely; EB-1A and EB-1B/C applicants can self-petition or use a streamlined employer process, which is why EB-1 is consistently the fastest employment-based category where the higher evidentiary bar can be met. EB-2 with a National Interest Waiver (NIW) also bypasses PERM, letting applicants self-petition by demonstrating their work benefits the US as a whole, a popular route for founders, researchers, and specialists who don't want to depend on a single sponsoring employer.
The critical variable for Indian and Chinese applicants specifically is the per-country cap: no single country can receive more than 7% of employment-based visas issued in a year, so demand from populous countries backs up dramatically more than the same category for applicants from most other nations. This is why many Indian professionals pursue Canada Express Entry (6-12 months) as a parallel strategy rather than relying solely on a US petition; see the India-to-Canada guide for a side-by-side view.
- PERM recruitment records (EB-2/EB-3 only): job postings, applicant tracking, and interview records proving no qualified US worker applied; employer-maintained, not something the employee submits directly
- Form ETA-9089: the actual PERM application filed by the employer with the Department of Labor
- Form I-140: Immigrant Petition for Alien Worker, filed after PERM certification (or immediately for EB-1/EB-2 NIW), establishing your priority date
- Form I-485: Application to Register Permanent Residence, filed once your priority date is current per the monthly Visa Bulletin
- Educational credential evaluation: for degrees earned outside the US, verifying equivalency to the required US degree level
- Medical examination: from a USCIS-designated civil surgeon, submitted with Form I-485
| Cost item | Typical amount |
|---|---|
| PERM recruitment/advertising (employer-paid) | USD 1,000–3,000 |
| Form I-140 base fee | USD 715 + USD 600 Asylum Program Fee |
| Form I-140 premium processing (optional) | USD 2,805 |
| Form I-485 (per applicant) | USD 1,440 |
| Medical exam | USD 200–500 |
| Legal fees (typical EB-2/EB-3 case) | USD 5,000–10,000 |
By law, the employer must pay all PERM-related recruitment and advertising costs under 20 CFR § 656.12(b); these cannot be passed to the employee. Legal fees run higher for EB-1 extraordinary ability or EB-5 investor petitions given the heavier evidentiary requirements.
PERM stage (EB-2/EB-3 only): Prevailing wage determination (6-8 months as of 2026), then a minimum 60-day recruitment process, then DOL adjudication, total PERM timeline currently averages 23-25 months given backlogs, longer if your case is selected for audit.
I-140 stage: Standard processing runs roughly 6-9 months; premium processing (USD 2,805) guarantees a decision within 15 business days for eligible categories.
Visa Bulletin wait: This is the stage that varies most dramatically. Applicants from most countries wait roughly 2 years for EB-3; Indian applicants currently sit about 12 years behind on EB-2 and 13 years behind on EB-3 based on where the priority date has reached, though someone filing brand new today faces a projected 40 to 80+ year wait given how slowly the per-country queue advances. EB-1 has no comparable country backlog for most nationalities.
I-485 stage: Once your priority date is current, Adjustment of Status (if filing from within the US) typically takes 6-12 months to a final decision, sometimes longer without expedite options.
- Failed PERM recruitment: if a minimally qualified US worker applies and the employer can't adequately document why they weren't hired, PERM certification is denied and the process restarts from scratch
- Ability-to-pay concerns: the employer must demonstrate financial capacity to pay the offered wage from the priority date onward; small or financially struggling sponsors are common targets for Requests for Evidence
- Job requirements tailored to one candidate: DOL scrutinizes PERM job postings that appear written to exclude all applicants except the intended beneficiary
- EB-1A/NIW evidentiary gaps: self-petition categories require extensive documentation of extraordinary ability or national benefit; thin evidence is the single most common reason these petitions are denied or receive an RFE
- Priority date errors: filing Form I-485 before your priority date is current per the Visa Bulletin results in automatic rejection
Always check the current month's Visa Bulletin before filing, since Final Action Dates and Dates for Filing can move backward (retrogress) as well as forward.
Cross-chargeability lets a couple use the spouse's country of birth for visa bulletin purposes if it's more favorable, potentially cutting decades off a wait if one spouse wasn't born in an oversubscribed country.
Porting from EB-3 to EB-2 is possible if you gain qualifying credentials (typically a master's degree) after your initial PERM filing, your employer would need a new PERM and I-140 under the new category, but you may retain your original priority date.
Given multi-decade EB-2/EB-3 waits for Indian and Chinese applicants, many professionals treat US sponsorship as one track among several rather than a sole strategy; running a Canada Express Entry profile or exploring EB-1A/NIW self-petition eligibility in parallel is common for this reason.
How long is the US EB-2 green card wait for Indians in 2026?
Two different numbers get quoted, and both are correct for what they measure. Applicants who already have a priority date are roughly 12 years behind current (the EB-2 India priority date sits around July 2014 as of mid-2026). But someone filing brand new today would join a queue that only advances a few years per year, projecting to a 40 to 80+ year wait before their turn comes, due to the 7% per-country annual cap. EB-1 (no per-country quota) is significantly faster, roughly 2 to 3 years for Indian applicants. Many pursue Canada PR (6 to 12 months) as a parallel or alternative strategy.
What happened to H-1B after the $100,000 fee?
A $100,000 supplemental fee took effect 21 September 2025 for new H-1B cap-subject petitions that require consular processing, meaning the worker is currently outside the US and needs a visa stamped at a consulate before entry. Most F-1/OPT students transitioning to H-1B via a change of status filed from inside the US are generally exempt, covering an estimated 54% of H-1B cap petitions historically. The fee's legal status has shifted repeatedly: a federal court ruled it unlawful on 8 June 2026, and the government's request to keep enforcing it during the appeal was denied by the First Circuit Court of Appeals on 24 July 2026 — so the fee is currently NOT being enforced, though the underlying appeal is still pending and this could change again. See the full legal status update before filing or budgeting.
Can I get a green card through an EB-1 without a long wait?
EB-1A (extraordinary ability) and EB-1B (outstanding researcher) are not subject to the same per-country backlog as EB-2/EB-3 because they have historically remained current for most nationalities. However, EB-1A self-petition requires demonstrating extraordinary ability, a high evidential bar. EB-2 NIW (National Interest Waiver) also allows self-petition without a job offer.
How long does PERM Labor Certification take in 2026?
The full PERM process, prevailing wage determination, recruitment, and DOL adjudication, currently averages 23-25 months due to ongoing Department of Labor backlogs and increased audit activity. This is before the Visa Bulletin wait even begins for EB-2/EB-3 applicants.
What is cross-chargeability and can it help me?
It lets a married couple use whichever spouse's country of birth is more favorable for Visa Bulletin purposes. If one spouse wasn't born in an oversubscribed country like India or China, the couple may be able to file using that spouse's chargeability and avoid the multi-decade backlog entirely.
Can I change employers while my green card is pending?
Generally yes, 180 days after your Form I-485 has been filed, under AC21 portability rules, provided the new job is in the same or a similar occupational classification. This does not apply if your petition was filed under the EB-2 National Interest Waiver category, which has its own rules.