Employment green cards: EB-1, EB-2 NIW and PERM compared (2026)

The routes at a glance

Note 1

EB-1A: extraordinary ability

You must show sustained national or international acclaim, either with a one-time achievement (a major, internationally recognised award) or with evidence meeting at least 3 of the 10 regulatory criteria.

The criteria include lesser awards, membership in associations requiring outstanding achievement, published material about you, judging the work of others, original contributions of major significance, scholarly articles, a critical role for distinguished organizations, and high pay.

USCIS then makes a final merits determination: looking at all the evidence together, are you among the small percentage who have risen to the highest level of the field? The Policy Manual, current as of 2 October 2026, still uses this two-step review.

You must intend to keep working in your field, and your entry must substantially benefit the United States.

EB-2 NIW: national interest waiver

First you must qualify for EB-2: a U.S. advanced degree or foreign equivalent, a bachelor's degree followed by at least 5 years of progressive post-degree experience in the specialty, or exceptional ability shown by at least 3 of 6 criteria (for example 10 years of full-time experience, a professional licence, or recognition by peers).

Then the waiver: (1) the proposed endeavor has substantial merit and national importance; (2) you are well positioned to advance it; and (3) on balance, it benefits the United States to waive the job offer and labor certification (Matter of Dhanasar, as applied in the Policy Manual).

USCIS last revised its NIW eligibility guidance on 15 January 2025.

Describe the endeavor concretely: what you will do in the U.S., for whom, and how its effect reaches beyond one employer. Letters weigh most when the writers know your work first-hand and give specific examples.

An NIW petition must include Form ETA-9089 Appendix A and a signed ETA-9089 Final Determination form, even though no labor certification is needed.

EB-2 through PERM: the employer route

1. Prevailing wage: the employer asks the Labor Department for the wage. As of 30 September 2026, DOL was processing PERM wage requests filed in June 2026.
2. Recruitment: for professional jobs, a 30-day job order with the state workforce agency and ads on two different Sundays, plus three additional steps. The mandatory steps must take place at least 30 and no more than 180 days before filing, and a notice of filing is posted for 10 consecutive business days.
3. Form ETA-9089 in FLAG: DOL's average for analyst-reviewed decisions issued in August 2026 was 336 calendar days, and analysts were working on applications filed in December 2025.
4. Form I-140: the employer must file within 180 calendar days of certification, or the certification expires.
5. Green card stage: Form I-485 in the U.S., or an immigrant visa abroad, once your priority date is current.

Government fees (from 16 October 2026)

Note 2

Visa numbers and the last step

Approval of Form I-140 does not by itself give you a green card. Your place in line is your priority date, and the State Department's monthly Visa Bulletin shows which dates can move forward.

USCIS states each month which Visa Bulletin chart it accepts for Form I-485. For October 2026, employment-based applicants must use the Dates for Filing chart.

If you are in the U.S. in a valid status, you file Form I-485, usually with work and travel applications. If you are abroad, the case moves to the National Visa Center and an immigrant visa interview at a U.S. consulate.

Spouses and unmarried children under 21 can come in the same category as derivatives.

Choosing a route

• A public record of recognition at the highest level of your field: EB-1A. Some people file an NIW petition as well; each is decided on its own record.
• A defined U.S. project of national importance, without acclaim at the highest level of the field: NIW.
• A manager or executive moving inside a group whose U.S. company has done business for at least 1 year: EB-1C. The temporary route is the L-1.
• An employer ready to sponsor and to wait for the Labor Department: PERM.
• Already working on an H-1B: any of these can run while you keep that status, if the timing is planned.

How Merit can help

Merit's U.S.-licensed attorneys (Nora Busra Turan: Texas, New York, Maryland; Beyza Candelen: New York, New Jersey, Pennsylvania) assess eligibility, assemble EB-1 and NIW petitions, and run PERM cases with employers. See EB-1A and EB-2 NIW. This guide is general information, not legal advice.