EB-1, EB-2, EB-3 & NIW: Which Employment Green Card Fits You?
At a glance
| Category | Who it is for | PERM required? | Job offer required? | Typical priority-date pressure |
|---|---|---|---|---|
| EB-1 | Persons of extraordinary ability (E11), outstanding professors/researchers (E12), multinational executives/managers (E13) | No | No (E11/E12 self-petition or employer; E13 needs employer) | Usually earliest — smaller demand |
| EB-2 | Advanced degree or exceptional ability (E21) | Yes (unless NIW) | Yes (unless NIW) | Backlogged for India & China |
| EB-2 NIW | EB-2 applicants whose work is in the U.S. national interest | No | No — self-petition | Backlogged for India & China |
| EB-3 | Skilled workers (E31), professionals (E32), other workers (EW3) | Yes | Yes | Backlogged for India & China; other workers (EW3) slowest |
EB-1 — the priority worker category
EB-1 is divided into three groups: E11 (extraordinary ability), E12 (outstanding professors and researchers), and E13 (multinational executives and managers). It does not require a PERM labor certification, and the extraordinary-ability and researcher groups can be self-petitioned. Because demand is smaller, EB-1 cutoffs are generally earlier than EB-2 or EB-3 — but the eligibility bar is the highest.
EB-2 and the National Interest Waiver
Standard EB-2 covers advanced-degree professionals and persons of exceptional ability and normally needs a U.S. employer, a PERM, and a job offer. The EB-2 NIW waives both the PERM and the job offer if you demonstrate that waiving them is in the U.S. national interest. The I-140 fee and basic structure are unchanged — the difference is entirely in how you qualify.
EB-3 — skilled, professional, and other workers
EB-3 requires a PERM and a job offer. It splits into E31 (skilled workers with at least two years of experience), E32 (professionals with a bachelor's degree), and EW3 (other workers with less than two years of experience). The "other worker" group faces the longest waits because of a smaller annual allocation.
Fees are the same — the path is what differs
Whichever employment category you use, the government filing fees are identical: Form I-140 is $715 (or $665 filed online) and Form I-485 is $1,440 if you adjust status in the U.S. Optional premium processing on the I-140 is $2,965. The cost gap between categories comes only from the PERM (employer-paid recruitment and legal work) and any attorney fees — not from the USCIS form prices.
Go deeper on each comparison
- EB-1 vs EB-2: which is faster?
- EB-2 vs EB-3 comparison chart
- NIW vs standard EB-2
- O-1 vs EB-1
- L-1 vs EB-1
- Green Card Cost tool — full fee bundles
- Visa Bulletin archive — current priority-date cutoffs
Sources
U.S. Citizenship and Immigration Services (Employment-Based Immigration) and the U.S. Department of State Visa Bulletin. Fee figures reflect the USCIS schedule verified 2026-08-11. Fees change — confirm the current amount on uscis.gov/forms before filing.
Frequently asked questions
Do all employment-based green cards need a PERM labor certification?
No. EB-1 (extraordinary ability, outstanding researchers, multinational executives) and the EB-2 National Interest Waiver (NIW) do not require a PERM. Standard EB-2 (advanced degree / exceptional ability) and every EB-3 category (skilled, professional, other worker) do require a PERM labor certification from the Department of Labor before the I-140 petition.
Are the USCIS filing fees the same across EB-1, EB-2 and EB-3?
The core petition fees are identical: Form I-140 is $715 (or $665 if filed online) and Form I-485 (adjustment of status) is $1,440. Where cost differs is whether you need a PERM (employer-paid recruitment and attorney work) and whether you use premium processing on the I-140 ($2,965). See the Green Card Cost tool for full bundles.
Which employment category moves fastest?
In most months EB-1 has the earliest cutoffs because demand is smaller, while EB-2 and EB-3 are heavily backlogged for India and China under the 7% per-country cap. But the fastest category for you is the one you actually qualify for — a retrogressed EB-1 cutoff can still beat a Current EB-2 if you meet the higher bar.
What is the EB-2 NIW and how is it different from regular EB-2?
The NIW is an EB-2 subcategory that lets you self-petition and skip both the PERM and a job offer if you show your work is in the U.S. national interest. Regular EB-2 requires a U.S. employer to sponsor you and usually to complete a PERM. The I-140 fee and overall structure are the same.