Destination Guide

United States: employment-based green cards and self-petition routes

The US system runs on employment-based preference categories rather than a single points score, and a recent H-1B surcharge has pushed more attention toward self-petition routes that don’t need an employer sponsor at all.

EB-1EB-2 NIWEB-3H-1B
$100,000New surcharge on cap-subject H-1B petitions
3–7 yrsTypical green card wait for most categories
No sponsorRequired for EB-2 NIW self-petitions

Overview

US employment-based immigration runs through preference categories: EB-1 for priority workers and those with extraordinary ability, EB-2 for advanced-degree professionals (including the National Interest Waiver, which allows a self-petition with no employer or job offer required), EB-3 for skilled and other workers (which needs PERM labour certification and an employer petition), and EB-5 for investors. H-1B remains the most common bridge visa into these categories, though a new one-time surcharge of $100,000 on new cap-subject H-1B petitions, in effect through September 2026, has shifted more interest toward EB-1A and EB-2 NIW self-petition routes that bypass H-1B entirely.

Overall green card waits typically run 3 to 7 years, but they stretch far longer, often 10 to 20-plus years, for applicants born in India or China applying under EB-2 or EB-3, due to per-country caps.

How Vanguard helps

  • An honest assessment of whether EB-1A or EB-2 NIW self-petition fits your profile
  • Employer-sponsorship strategy where H-1B or EB-3 is the better route
  • Timeline planning that accounts for your specific country of birth
  • Coordination with US counsel where formal filing requires it

Frequently Asked

Questions about moving to United States

Do I need a job offer for EB-2 NIW?+

No, the National Interest Waiver allows you to self-petition without an employer or a labour certification, if you can show your work benefits the US national interest.

Is H-1B still worth pursuing given the surcharge?+

It can still be the right route for employer-sponsored cases, but we now weigh it against self-petition alternatives more carefully than before.

Ready to explore United States?

Book a paid consultation and leave with a written pathway recommendation built around your profile.