United States visaGreen cardUS green card routes for Indian applicants
Most Indian professionals reach permanent residence through an employer-sponsored EB-2 or EB-3 petition: a PERM labour certification, Form I-140 (USD 715) and then a wait set by the Visa Bulletin, where India's EB-2 final action date stood at 1 November 2013 and EB-3 at 22 January 2014 in November 2026. EB-1 for extraordinary ability, multinational managers and researchers, and EB-5 investment (USD 800,000 in a targeted employment area, rural set-aside current for India) are the faster alternatives.
7 min read Verified 29 October 2026 against travel.state.gov · How we verify
United States green card: quick answers
- Which green card route fits an Indian applicant?
- EB-2 (advanced degree or exceptional ability) and EB-3 (professionals, skilled workers) need an employer, a PERM labour certification and a long wait under the per-country cap. EB-1A (extraordinary ability) and EB-2 National Interest Waiver need no employer or PERM; EB-1B and EB-1C suit researchers and multinational managers. EB-5 needs a USD 800,000 investment in a targeted employment area (USD 1,050,000 elsewhere) that creates ten jobs; the rural set-aside was current for India in November 2026.
- What does it cost?
- PERM has no government fee. Form I-140 costs USD 715 plus a USD 600 asylum program fee (USD 300 for small employers, USD 0 for non-profits), with optional premium processing at USD 2,805. Consular processing costs USD 325 for the DS-260 and USD 235 for the USCIS immigrant fee; adjustment of status inside the US costs USD 1,440 per adult. EB-5 investors pay USD 11,160 for Form I-526E until 29 November 2026 and USD 7,850 from 30 November 2026 under the new fee rule.
- How long does it take?
- PERM takes about 12 months including the prevailing wage determination and recruitment; I-140 takes 15 business days with premium processing. The wait for a visa number is the long pole: EB-2 and EB-3 India final action dates were in late 2013 and early 2014 in the November 2026 bulletin, so a new petition today faces a wait of well over a decade. EB-1 India sat in early 2023 and EB-5 unreserved India at 1 December 2023, while the EB-5 rural set-aside was current.
At a glance
| Item | Detail |
|---|---|
| Routes | EB-1 (A, B, C), EB-2 (PERM or NIW), EB-3, EB-5 investment |
| I-140 fee | USD 715 plus asylum program fee USD 600, 300 or 0 |
| Premium processing | USD 2,805; 15 business days (45 for some EB-1C and NIW) |
| Final action dates, India (Nov 2026) | EB-2 1 Nov 2013; EB-3 22 Jan 2014; EB-5 unreserved 1 Dec 2023; EB-5 rural set-aside current |
| Dates for filing, India (Nov 2026) | EB-2 and EB-3 15 Jan 2015 |
| Adjustment of status (I-485) | USD 1,440 per adult, inside the US |
| Consular processing | USD 325 DS-260 plus USD 235 USCIS immigrant fee |
| EB-5 investment | USD 800,000 in a TEA or rural area; USD 1,050,000 elsewhere; I-526E USD 11,160 (USD 7,850 from 30 Nov 2026) |
The routes, and who they suit
| Route | Who qualifies | Employer needed | India wait (Nov 2026 bulletin) |
|---|---|---|---|
| EB-1A extraordinary ability | Sustained national or international acclaim: awards, publications, judging, original contributions, high salary | No | Final action date in early 2023 |
| EB-1B / EB-1C | Outstanding researchers; managers or executives transferring within a multinational after a year abroad | Yes | As EB-1 |
| EB-2 with PERM | Master's degree, or bachelor's plus 5 years' progressive experience, for a job that requires it | Yes | Final action 1 Nov 2013; filing 15 Jan 2015 |
| EB-2 National Interest Waiver | Advanced degree and work of substantial merit and national importance; no PERM or job offer | No | As EB-2 |
| EB-3 professionals and skilled workers | Bachelor's degree, or 2 years' training or experience, for a job that requires it | Yes | Final action 22 Jan 2014; filing 15 Jan 2015 |
| EB-5 investor | USD 800,000 (TEA or rural) or USD 1,050,000 invested, creating 10 full-time jobs | No | Unreserved 1 Dec 2023; rural set-aside current |
The per-country limit of about seven percent of employment-based visas is why Indian applicants wait far longer than every other nationality in EB-2 and EB-3. The priority date (the PERM filing date, or the I-140 filing date for NIW and EB-1) fixes your place in the queue and can be carried to a later petition in the same or another category, which is how many workers move from EB-3 to EB-2 or EB-1 without losing their date.
Fees and what they cover
| Item | USD | Notes |
|---|---|---|
| PERM labour certification (ETA-9089) | 0 | Employer pays recruitment costs; cannot be charged to the worker |
| Form I-140 immigrant petition | 715 | Plus asylum program fee 600 (300 small employer, 0 non-profit) |
| Premium processing (I-907) | 2,805 | 15 business days for most categories |
| Form I-485 adjustment of status | 1,440 | Per adult inside the US; 950 for children under 14 filing with a parent |
| I-765 work permit and I-131 travel document with I-485 | 260 and 630 | Optional interim benefits |
| DS-260 immigrant visa (consular processing) | 325 | Per applicant at the NVC; plus 235 USCIS immigrant fee |
| Form I-526E (EB-5 regional center) | 11,160; 7,850 from 30 Nov 2026 | Plus the investment and regional center administrative fees |
Employers must pay all PERM costs. They may ask the worker to pay the I-140 fee and legal costs, though many employers cover them; the I-485 is usually paid by the worker. Vistolane lists the I-140 fee on the price card and quotes the rest by stage.
How the EB-2 / EB-3 route runs, step by step
- 1
Prevailing wage determination
The employer requests a wage determination from the Department of Labor for the job and location; this takes several months.
- 2
Recruitment and PERM filing
The employer advertises the job under the PERM rules, documents that no qualified US worker applied, and files Form ETA-9089. The filing date becomes your priority date. Certification takes about a year; an audit adds months.
- 3
Form I-140
Within 180 days of PERM certification the employer files I-140 with the degree and experience evidence and proof of ability to pay. Premium processing gives a decision in 15 business days.
- 4
Wait for the priority date
Watch the monthly Visa Bulletin. When your date is before the dates-for-filing chart you can file I-485 (if USCIS honours that chart) or start NVC processing; the green card is approved only when the final action date passes your priority date.
- 5
Adjustment of status or consular interview
Inside the US file I-485 with biometrics and medical, and receive interim work and travel permits; outside, complete the DS-260 and interview in Mumbai. The green card follows approval.
Timeline for an Indian applicant
| Stage | Typical time | Notes |
|---|---|---|
| Prevailing wage and recruitment | 6 to 9 months | Employer-driven |
| PERM adjudication | About 12 months | Longer if audited |
| I-140 | 15 business days with premium; months without | Approved I-140 unlocks H-1B extensions beyond 6 years and H-4 work permits |
| Visa number wait, EB-2/EB-3 India | Well over a decade for new priority dates | Dates stood in 2013-14 in November 2026 |
| EB-1 or EB-5 rural | Months to about two years | EB-1 India in early 2023; EB-5 rural set-aside current |
Because the wait dominates, the practical strategy is to secure the earliest possible priority date, keep the I-140 approved to protect H-1B status, and look for an upgrade to EB-1 or NIW, or an EB-5 rural investment, as circumstances allow.
After the green card
Permanent residents can live and work anywhere in the US, sponsor spouses and children under F2A, and travel freely with a valid card, though absences of a year or more without a re-entry permit put the status at risk. Employment-based green cards obtained through adjustment of status become portable to a new employer in the same or a similar occupation once the I-485 has been pending 180 days.
Naturalisation is available after five years as a permanent resident (three if married to a US citizen), with physical presence of half the period, English and civics tests and the USD 760 N-400 fee. India does not permit dual citizenship, so naturalising means surrendering the Indian passport and applying for an OCI card.
Document checklist: employer (eb-2 / eb-3)
| Document | Standard the officer applies |
|---|---|
| Prevailing wage determination | ETA-9141 from the Department of Labor |
| PERM recruitment file | Advertisements, job order, recruitment report and applicant review notes, kept for five years |
| Form I-140 with ability-to-pay evidence | Tax returns, annual reports or audited financials; the job description and degree and experience requirements |
Worker
| Document | Standard the officer applies |
|---|---|
| Degrees, transcripts and credential evaluation | Master's, or bachelor's plus five years' progressive experience for EB-2 |
| Experience letters | On letterhead with duties, dates and hours, from employers other than the petitioner where the job requires experience |
| Status evidence for adjustment | I-94s, H-1B approvals, pay slips; or passport, PCC and civil documents for consular processing |
EB-1A / NIW / EB-5
| Document | Standard the officer applies |
|---|---|
| Evidence portfolio (EB-1A, NIW) | Publications, citations, awards, media, judging, letters from independent experts, salary evidence, business plan for NIW |
| EB-5 source of funds | Lawful source and path of the USD 800,000 or 1,050,000: tax returns, sale deeds, gift deeds, bank trails, FEMA compliance for remittance from India |
Why applications on this route get refused, and the fix
PERM denied or audited
Recruitment steps not followed, a job requirement tailored to the worker, or a qualified US applicant rejected unlawfully.
The fix. Employers follow the PERM steps exactly, keep the recruitment report contemporaneous, and refile if denied; the priority date is lost, so accuracy matters.
I-140 ability to pay or qualifications
The employer could not show it can pay the offered wage from the priority date, or the worker's degree and experience did not meet the job requirements on the PERM.
The fix. Submit financial statements showing net income or net assets at or above the wage, or that the worker is already paid it; document experience with detailed letters.
EB-1A or NIW criteria not met
Evidence met the letter of a few criteria but USCIS found no sustained acclaim or national importance in the final merits analysis.
The fix. Build a portfolio with independent expert letters, citation metrics, awards and media over time before filing; consider NIW alongside PERM to run in parallel.
Priority date retrogression
The applicant filed I-485 while a date was current and the date moved backwards, freezing the case.
The fix. Nothing is lost: the case waits in line, interim work and travel permits can be renewed, and the earlier priority date is preserved.
EB-5 source of funds or project failure
Funds not traced to a lawful source, or the project did not create the jobs.
The fix. Trace every rupee with documents, remit under FEMA, choose a regional center project with a job-creation cushion and audited track record.
Official sources
- State Department: Visa Bulletin for November 2026 ↗
- USCIS: employment-based immigration, second preference EB-2 ↗
- USCIS: employment-based immigration, third preference EB-3 ↗
- USCIS: EB-5 immigrant investor program ↗
- Department of Labor: permanent labor certification (PERM) ↗
- USCIS fee schedule (8 CFR 106.2) ↗
- State Department: fees for visa services ↗
United States green card questions
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