A US green card through employment is a three-stage process for most Indian applicants: a PERM labour certification filed by the employer, Form I-140 (USD 715) establishing the job and your qualifications, and a wait for a visa number set by the monthly Visa Bulletin. The wait is the problem. In the November 2026 bulletin the final action date for EB-2 India was 1 November 2013 and for EB-3 India 22 January 2014, with dates for filing at 15 January 2015. EB-1 for extraordinary ability, outstanding researchers and multinational managers, and EB-5 investment, where the rural set-aside was current for India, are the faster alternatives.
The compact version with the price card and checklist is on the US green card route page. This article compares the routes, explains the priority date and sets out the fees and steps.
Which green card route fits an Indian applicant?
| Route | Who qualifies | Employer needed | India wait (Nov 2026 bulletin) |
|---|---|---|---|
| EB-1A extraordinary ability | Sustained national or international acclaim across several criteria | No | Final action date in early 2023 |
| EB-1B outstanding researcher; EB-1C multinational manager | Researchers with international recognition; managers transferred after a year abroad | Yes | As EB-1 |
| EB-2 with PERM | Master's, or bachelor's plus 5 years' progressive experience, for a job requiring 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 | As EB-2 |
| EB-3 professionals and skilled workers | Bachelor's degree, or 2 years' training or experience, for a job requiring it | Yes | Final action 22 Jan 2014; filing 15 Jan 2015 |
| EB-5 investor | USD 800,000 (TEA or rural) or 1,050,000 creating 10 jobs | No | Unreserved 1 Dec 2023; rural set-aside current |
The per-country limit of roughly seven percent of employment-based visas is why Indian applicants wait far longer than any other nationality in EB-2 and EB-3. Your priority date is the PERM filing date (or the I-140 filing date for NIW and EB-1) and can be carried to a later petition, which is how workers move from EB-3 to EB-2 or EB-1 without losing their place.
What do the two Visa Bulletin charts mean?
The final action date chart shows which priority dates can receive a green card this month; the dates for filing chart shows which applicants may submit the adjustment of status application (Form I-485) or start consular processing when USCIS honours that chart. In October and November 2026 USCIS honoured dates for filing for employment-based cases, so Indian applicants with priority dates before 15 January 2015 could file I-485 and receive interim work and travel permits, while approval waited for the final action date to pass their priority date.
How much does it cost?
| Item | USD | Notes |
|---|---|---|
| PERM labour certification (ETA-9089) | 0 | Employer pays recruitment costs and cannot charge the worker |
| Form I-140 | 715 | Plus asylum program fee 600 (300 small employer; 0 non-profit) |
| Premium processing (Form I-907) | 2,805 | 15 business days for most categories |
| Form I-485 adjustment of status | 1,440 | Per adult; 950 for children under 14 filing with a parent |
| Form I-765 and I-131 with I-485 | 260 and 630 | Interim work permit and travel document |
| DS-260 consular processing | 325 | Plus 235 USCIS immigrant fee |
| Form I-526E (EB-5 regional center) | 11,160; 7,850 from 30 Nov 2026 | Plus the investment and administrative fees |
Employers must pay all PERM costs. Many also pay the I-140 fee and legal costs, though they may ask the worker to; the I-485 is usually the worker's. Vistolane lists the I-140 fee on the United States destination page and quotes the rest by stage.
How does the EB-2 / EB-3 route run?
- The employer requests a prevailing wage determination from the Department of Labor for the job and location.
- The employer recruits 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, longer if audited.
- Within 180 days of certification the employer files Form I-140 with the degree and experience evidence and proof of ability to pay; premium processing gives a decision in 15 business days.
- You wait for the Visa Bulletin. When your date passes the dates-for-filing cut-off and USCIS honours that chart, you file I-485 (inside the US) or start NVC processing (outside). Approval follows when the final action date passes your date.
- Adjustment of status ends with biometrics, a medical and sometimes an interview; consular processing ends with a DS-260 interview in Mumbai. The green card follows.
How long does it take?
| Stage | Typical time |
|---|---|
| Prevailing wage and recruitment | 6 to 9 months |
| PERM adjudication | About 12 months |
| I-140 | 15 business days with premium |
| Visa number wait, EB-2 / EB-3 India | Well over a decade for new priority dates |
| EB-1 or EB-5 rural | Months to about two years |
Because the wait dominates, the practical strategy is to secure the earliest possible priority date, keep the I-140 approved to protect H-1B extensions beyond six years (see the US H-1B visa guide), and look for an upgrade to EB-1A or NIW, or an EB-5 rural investment, as your record and means allow.
After the green card
Permanent residents live and work anywhere in the US and sponsor spouses and children under F2A, as described in the US family immigrant visa guide. Absences of a year or more without a re-entry permit endanger the status. Naturalisation is available after five years (three if married to a US citizen) with the USD 760 N-400 fee; India does not permit dual citizenship, so Indian citizens surrender the Indian passport and apply for an OCI card.
Why are green card petitions refused, and what fixes each reason?
PERM denied or audited. Recruitment steps not followed or requirements tailored to the worker. Employers follow the steps exactly and keep a contemporaneous recruitment report; a denial loses the priority date, so accuracy matters.
I-140 ability to pay or qualifications. Submit financial statements showing net income or net assets at or above the wage, or that the worker already earns it, and detailed experience letters.
EB-1A or NIW criteria not met. Build a portfolio with independent expert letters, citation metrics, awards and media before filing, and consider running NIW alongside PERM.
Retrogression after filing I-485. Nothing is lost: the case waits, interim permits renew, and the priority date is preserved.
EB-5 source of funds or project failure. Trace every rupee, remit under FEMA, and choose a regional center project with a job-creation cushion and audited track record.
How Vistolane handles it
Permanent residence files go to a licence-checked US immigration attorney on Vistolane who runs PERM and I-140 for the employer or an EB-1A, NIW or EB-5 portfolio for the applicant, with government fees shown at the official rate. Start with the free eligibility check or the US green card route page. Applicants weighing faster permanent residence elsewhere can read the Australia Skilled Independent visa guide and the Canada Express Entry guide.
