A green card allows a foreign national to live and work in the U.S. on a long-term basis. Green card holders (also called legal permanent residents) enjoy many benefits over temporary visa holders, including the ability to live and work anywhere in the U.S. and to eventually apply for U.S. citizenship. If you are wondering how long does it take to get an employment-based green card through USCIS in 2026, processing times change frequently. However, we have provided a breakdown of current processing times as of spring/summer 2026 for some of the common employment-based green card options.
These processing times assume the applicant is pursuing an adjustment of status in the United States rather than consular processing abroad.
- Most employment-based green cards in 2026 take about 10 months to 2 years, but timing varies sharply by category, processing choice, and country of birth.
- Country of birth backlogs, especially for India and China, can add several years, particularly in EB-1, EB-2 NIW, and PERM-based EB-2/EB-3.
- PERM-based EB-2/EB-3 cases typically require 3–5 years due to DOL steps, while premium processing only speeds up the I-140, not the entire process.
Understanding EB Green Card Processing Times 2026
The following breakdown outlines the specific stages and estimated durations for various employment-based categories as of the current 2026 fiscal year.
EB-1A – Extraordinary Ability
Process:
- Step 1: File an I-140 petition with U.S Citizenship & Immigration Services (USCIS). This category is current worldwide, meaning green cards are immediately available for most foreign nationals. However, there is a 3 year backlog for foreign nationals born in China and India.
- Step 2: File Form I-485 with USCIS. This can be filed after the I-140 is approved and a green card is available or concurrently with the I-140 if the applicant is in the U.S. and a green card is available.
Average Processing Times: 24.5 months for the I-140; 10 months for the I-485.
Premium Processing Options: Premium processing is available for the I-140. If the applicant pays the premium processing fee, USCIS will issue a decision (approval, denial or Request for Evidence), within 15 business days.
Estimated Timeline from Initial Filing to Green Card Issuance: 10 months – 2 years (*Could be significantly longer if the I-140 is filed using regular processing and / or the foreign national was born in India or China).
Executive and Professional Immigrant Pathways
EB-1C – Multinational Manager or Executive
Process:
- Step 1: File an I-140 petition with U.S Citizenship & Immigration Services (USCIS). This category is current, meaning green cards are immediately available for most foreign nationals. There is a 3 year backlog for foreign nationals born in China and India.
- Step 2: File Form I-485 with USCIS. This can be filed after the I-140 is approved and a green card is available or concurrently with the I-140 if the applicant is in the U.S. and a green card is available.
Average Processing Times: 24.5 months for the I-140; 10 months for the I-485.
Premium Processing Options: Premium processing is available for the I-140. If the applicant pays the premium processing fee, USCIS will issue a decision (approval, denial or Request for Evidence), within 45 business days.
Estimated Timeline from Initial Filing to Green Card Issuance: 10 months – 2 years (*Could be significantly longer if the I-140 is filed using regular processing and/or the foreign national was born in India or China).
EB-2 – National Interest Waiver
Process:
- Step 1: File an I-140 petition with U.S Citizenship & Immigration Services (USCIS). This category is current, meaning green cards are immediately available for most foreign nationals. There are backlogs of several years for foreign nationals born in India or China.
- Step 2: File Form I-485 with USCIS. This can be filed after the I-140 is approved and a green card is available or concurrently with the I-140 if the applicant is in the U.S. and a green card is available.
Average Processing Times: 25.5 months for the I-140; 10 months for the I-485.
Premium Processing Options: Premium processing is available for the I-140. If the applicant pays the premium processing fee, USCIS will issue a decision (approval, denial or Request for Evidence), within 45 business days.
Estimated Timeline from Initial Filing to Green Card Issuance: 10 months – 2 years (*Could be significantly longer if the I-140 is filed using regular processing and/or the foreign national was born in India or China).
PERM-Based EB-2 & EB-3 Processing
PERM – EB-2 (Advanced Degree) / EB-3 (Professional / Skilled / Unskilled Workers)
Process:
- Step 1: File a Prevailing Wage Determination with the U.S. Department of Labor (DOL) (Current processing time of 3-6 months)
- Step 2: Conduct a labor market test to determine if there are any willing, qualified or available U.S. workers for the job. (Labor market test must take at least 60 days, often this step takes 2-3 months)
- Step 3: File the Labor Certification (Form 9089) with the DOL (Current processing time of 15-16 months)
- Step 4: After Labor Certification approval, file the I-140 petition with U.S Citizenship & Immigration Services (USCIS). The EB-2 category is current worldwide as of spring 2026, meaning green cards are immediately available for most foreign nationals. There are backlogs of several years for foreign nationals born in India or China. The EB-3 category is backlogged worldwide by a couple years with backlogs of several years for foreign nationals born in India, China, Mexico and the Philippines.
- Step 5: File Form I-485 with USCIS. This can be filed after the I-140 is approved and a green card is available or concurrently with the I-140 if the applicant is in the U.S. and a green card is available.
Average Processing Times: 3-8 months for the I-140; 10 months for the I-485.
Premium Processing Options: Premium processing is available for the I-140. If the applicant pays the premium processing fee, USCIS will issue a decision (approval, denial or Request for Evidence), within 15 business days.
Estimated Timeline from Initial Filing to Green Card Issuance: 3-5 years (*This includes the timing for obtaining a prevailing wage, conducting the labor market test, filing the Labor Certification, filing the I-140 and I-485 and receiving the green card. Could be significantly longer if the I-140 is filed using regular processing and / or the foreign national is applying under EB-2 and was born in India or China or applying under EB-3 and was born in India, China, Mexico or the Philippines).
Important Context for 2026 Green Card Availability
It is also important to note that prior to March 2026, the EB-2 and EB-3 categories had been backlogged worldwide for over 3 years. The presidential proclamations that paused immigrant visa issuance for nationals of many countries means there are currently more immigrant visas available which may have contributed to the increase in availability for EB-2 and EB-3 visas this year. However, assuming the pause is eventually lifted, there could be significant retrogression in the EB categories in the future.
Scott Legal has extensive experience guiding employers, entrepreneurs and employees through the green card process. If you are interested in an employment-based green card and need support and guidance on your options and next steps, contact our office today.
