How much does an employment-based green card cost in 2026?

Government fees for an employment-based green card (adjusting status in the US) include: I-140 petition $665 online / $715 paper (paid by employer), PERM labor certification varies by state (required for EB-2/EB-3, free federal fee but employer pays attorney/recruiting costs of $3,000–$15,000+), and I-485 adjustment of status $1,440 (paid by employee). Total USCIS government fees alone: approximately $2,105–$2,155 for EB-2/EB-3 without premium processing.

What is the I-140 filing fee for 2026?

The I-140 Immigrant Petition for Alien Workers costs $665 when filed online and $715 when filed on paper. This fee is typically paid by the employer. Premium processing (15 business days) can be added for $1,780–$2,965 extra depending on the I-140 category.

How much is premium processing for I-140 in 2026?

As of March 1, 2026, premium processing fees for I-140 are: $1,780 for standard 15 business-day processing (most categories), $2,075 for I-140 NIW (National Interest Waiver, 45 business days), and $2,965 for I-140 EB-1C extraordinary ability or multinational manager (15 business days). These fees are in addition to the base I-140 filing fee.

Who pays the I-140 fee — employer or employee?

Under USCIS regulations and DOL guidance, the I-140 filing fee must be paid by the employer (petitioner), not the employee (beneficiary). An employer requiring an employee to pay the I-140 fee may be violating labor regulations for PERM-based cases. For NIW self-petitions, the individual files and pays their own I-140 fee.

Employment-Based Green Card Fees 2026 — I-140, I-485, PERM

I-140 — Immigrant Petition for Alien Workers

Filed by the employer (or self-petitioner for NIW/EB-1A) to classify the worker for an employment-based immigrant visa. Covers EB-1, EB-2, EB-3, and EB-5 investor categories.

Online filing $665

Paper filing $715

Online discount Save $50

Paid by employer for sponsored cases (EB-2, EB-3 with PERM). For self-petitions (EB-1A extraordinary ability, EB-2 NIW), the individual pays their own I-140 fee.

Who filesEmployer (or self-petitioner for NIW/EB-1A)

Online availableYes — myUSCIS

Processing8–15 months standard; 15 business days with premium

PortabilityI-140 can be kept even if you change employers after 180 days (AC21)

PERM Labor Certification (DOL)

Required before filing I-140 for most EB-2 and EB-3 petitions. Filed with the Department of Labor, not USCIS. PERM itself has no federal filing fee, but employers incur significant recruiting and attorney costs.

Federal PERM filing fee $0 — Free

Typical attorney fees (employer) $3,000–$8,000

Recruitment advertising (required) $500–$5,000+

Not required for EB-1A (extraordinary ability), EB-1B (outstanding researcher), EB-1C (multinational manager), or EB-2 NIW (National Interest Waiver). PERM is required for most EB-2 and EB-3 sponsored cases.

Filed withUS Department of Labor (FLAG system)

Processing6–18 months (varies significantly by backlog)

Audit risk~20–30% of cases selected for DOL audit

Not required forEB-1A, EB-1B, EB-1C, EB-2 NIW, EB-5

I-485 — Adjustment of Status

Filed after I-140 is approved (or concurrently if a visa number is immediately available). Must wait for the Visa Bulletin priority date to be current for oversubscribed countries (India, China).

I-485 fee $1,440

Includes concurrent I-765 (EAD) $260

Includes concurrent I-131 (travel) $630

Check the June 2026 Visa Bulletin for current priority date cutoffs. India EB-2 cutoff is Sep 1, 2013 — most India-born applicants face multi-decade waits.

I-907 — Premium Processing

Guarantees a decision (approval, denial, RFE, or NOID) within 15 or 45 business days. Updated March 1, 2026. Does not speed up the visa number queue for I-485.

Standard premium (15 business days) $1,780

I-140 NIW (45 business days) $2,075

I-140 EB-1C / extraordinary ability (15 bd) $2,965

Premium processing applies to I-140 (and certain other forms). It cannot be used to speed up I-485 adjudication. Fees effective March 1, 2026 per USCIS adjustment.

EffectiveMarch 1, 2026

TimelineBusiness days (Mon–Fri, excl. federal holidays)

Refundable?Yes — if USCIS misses the deadline

Who paysEmployer or employee (no legal restriction for I-907)

Employment-Based Categories Summary

Category	Description	PERM?	Typical Wait
EB-1A	Extraordinary ability	No	1–3 yrs (India: 3–5 yrs)
EB-1B	Outstanding researcher / professor	No	1–3 yrs (India: 3–5 yrs)
EB-1C	Multinational manager / executive	No	1–3 yrs
EB-2	Advanced degree / exceptional ability	Usually yes	1–3 yrs (India: 10–60+ yrs)
EB-2 NIW	National Interest Waiver (self-petition)	No	2–4 yrs (India: 10–60+ yrs)
EB-3	Skilled workers & professionals	Yes	2–5 yrs (India: 10–60+ yrs)
EB-5	Investors ($800K TEA / $1.05M standard)	No	2–5 yrs (China: 5–10+ yrs)

Total Government Fees by Scenario

EB-2 NIW Self-Petition (adjustment of status, India-born — priority date pending)

I-140 NIW (online)$665

I-907 Premium Processing (optional)+$2,075

I-485 (when priority date current)$1,440

Total govt fees (no premium)$2,105

EB-3 Employer-Sponsored (PERM → I-140 → I-485)

PERM (federal fee)$0

I-140 (employer pays, online)$665

I-485 (employee pays)$1,440

Total USCIS govt fees$2,105

EB-5 Regional Center Investor (unreserved)

I-526E investor petition$11,160

I-485 (or DS-260 + immigrant visa)$1,440

Investment amount (TEA)$800,000+

USCIS govt fees only$12,600

Frequently Asked Questions

Can I keep my I-140 approval if I change employers?

Yes, under AC21 portability. If your I-485 has been pending for at least 180 days and your approved I-140 is from an old employer, you can change to a new employer in the same or similar occupational classification without losing your priority date or I-140 approval. Your new employer does not need to file a new I-140, though you may need to file an I-485J supplement.

What is the Asylum Program Fee for employment-based petitions?

An Asylum Program Fee of $600 applies to certain employment-based petitions filed by employers with 26 or more full-time equivalent employees (I-129H1, I-129H2B, I-129L, I-140). Small employers (25 or fewer FTEs) pay $300. Nonprofit organizations are exempt. This fee was introduced in the April 2024 final rule.

How long is the wait for India EB-2 in 2026?

The June 2026 Visa Bulletin shows India EB-2 Final Action Date at September 1, 2013. At current visa number consumption rates, India-born EB-2 and EB-3 applicants face estimated waits of 50–100+ years. This is due to the 7% per-country annual cap combined with enormous demand from India. EB-2 NIW does not bypass the country cap — India-born NIW applicants face the same queue.