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Employment-based

Summary

EB-1 through EB-5 categories for workers and investors, tied to annual per-country numerical limits.

Latest updates and official context for Employment-based.

What this topic is

EB-1 through EB-5 categories for workers and investors, tied to annual per-country numerical limits.

Employment-based green cards are issued to priority workers (EB-1), advanced degree professionals (EB-2, including National Interest Waiver), skilled and other workers (EB-3), certain special immigrants (EB-4), and investors (EB-5). Most EB-2 and EB-3 cases require a PERM labor certification from the Department of Labor before USCIS will accept the I-140 immigrant petition.

The feed below lists dated items we have tagged for this topic. Informational only, not legal advice: confirm requirements on official government sites before you rely on anything here.

Activity · daily, last 90 days
3 indexed updates
Jan 19, 2026 → Apr 18, 2026 · 90 days
Policy climate · last 90 days
Tone of coverage
67% neutral33% favorable
Based on 3 indexed updates in the last 90 days

Last 90 days

What matters for Employment-based

Highest-signal items for Employment-based from roughly the last three months, when we have enough coverage (impact, open comments, fees, or processing shifts).

  • Published Fed. Register
    Open for commentsProposed rule
    Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States

    The Department of Labor is proposing new rules to strengthen wage protections for foreign workers on EB-2 and EB-3 employment-based green cards and certain temporary work visas obtained through the PERM labor certification process. The changes aim to ensure prevailing wages are…

    Public comments accepted through May 26, 2026.

  • Published State Dept
    Processing
    Annual Limit Reached in the EB-5 Unreserved Category

    The annual visa cap for the EB-5 immigrant investor green card category has been reached, meaning no additional EB-5 petitions can be approved under the unreserved visa allotment for the current fiscal year. Applicants who have not yet received approval should monitor future…

  • Published State Dept
    Annual Limit Reached in the EB-3 and EW Categories

    The EB-3 and EW (Employment-Based Third Preference and Exceptional Worker) green card categories have reached their annual numerical limits for the current fiscal year. This means no additional applicants can be approved under these categories until the next fiscal year begins.…

  • Published Fed. Register
    Open for comments
    Agency Information Collection Activities for Application for Prevailing Wage Determination; Comment Request

    The Department of Labor is seeking public comments on its information collection request for the Prevailing Wage Determination application (Forms ETA-9141), which is used in the PERM labor certification process for employment-based green cards. This administrative request covers…

    Public comments accepted through May 26, 2026.

  • Published Fed. Register
    Open for comments
    Agency Information Collection Activities; Revision of a Currently Approved Collection: Immigrant Petition for the Gold Card Program

    USCIS is seeking public feedback on changes to the paperwork and information collection process for the EB-5 Immigrant Investor (Gold Card) Program. The agency is updating how applicants submit and report information as part of the standard regulatory review process. Public…

    Public comments accepted through May 11, 2026.

  • Published State Dept
    Annual Limit Reached in the EB-1 Category

    The annual visa cap for the EB-1 category (employment-based first preference, covering individuals with extraordinary ability and certain researchers) has been reached for the current fiscal year. No further EB-1 petitions can be approved until the new fiscal year begins. This…

  • Published State Dept
    Annual Limit Reached in the EB-2 Category

    The annual visa cap for the EB-2 category (employment-based second preference, covering professionals with advanced degrees and skilled workers) has been exhausted for the current fiscal year. No further EB-2 petitions can be approved until the new fiscal year begins. This…

Updates

Latest updates

All items tagged for Employment-based, newest first. Open a row for the summary and source.

DATESUBTOPICTITLETONE
Apr 18EB-1Annual Limit Reached in the EB-1 Category
The annual visa cap for the EB-1 category (employment-based first preference, covering individuals with extraordinary ability and certain researchers) has been reached for the current fiscal year. No further EB-1 petitions can be approved…
State Dept
Neu
Apr 18EB-2Annual Limit Reached in the EB-2 Category
The annual visa cap for the EB-2 category (employment-based second preference, covering professionals with advanced degrees and skilled workers) has been exhausted for the current fiscal year. No further EB-2 petitions can be approved…
State Dept
Neu
Mar 24PERMAgency Information Collection Activities for Application for Prevailing Wage Determination; Comment Request
The Department of Labor is seeking public comments on its information collection request for the Prevailing Wage Determination application (Forms ETA-9141), which is used in the PERM labor certification process for employment-based green…
Open for comments
Act by May 26, 2026 (public comments)
Fed. Register
Neu
Mar 10EB-5Agency Information Collection Activities; Revision of a Currently Approved Collection: Immigrant Petition for the Gold Card Program
USCIS is seeking public feedback on changes to the paperwork and information collection process for the EB-5 Immigrant Investor (Gold Card) Program. The agency is updating how applicants submit and report information as part of the…
Open for comments
Act by May 11, 2026 (public comments)
Fed. Register
Neu
Dec 18O-1USCIS Clarifies Requirements for Professional Athletes
USCIS updated its policy manual to clarify visa requirements for professional athletes in response to the Department of Labor's adoption of the Foreign Labor Application Gateway (FLAG) system. The guidance addresses how the new FLAG system…
Processing
USCIS
Neu
Jan 15EB-2USCIS Updates Guidance on EB-2 National Interest Waiver Petitions
USCIS has issued updated policy guidance on how to evaluate EB-2 National Interest Waiver (NIW) petitions for employment-based green cards. The guidance clarifies eligibility standards for EB-2 NIW applicants. This affects skilled workers…
Processing
USCIS
Neu
Jan 13PERMUSCIS Updates Filing Procedures for Form I-140
USCIS announced updated procedures for submitting Form I-140 (Immigrant Petition for Alien Workers) when accompanied by permanent labor certification, Schedule A designation, or National Interest Waiver requests. The procedures are…
Processing
USCIS
Neu
Sep 23Employment-basedGuidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers
USCIS reminds employers filing the I-140 immigrant petition for workers to pay the correct fees and provide complete information to avoid processing delays. Proper preparation of this form is critical for employment-based green card…
Processing
USCIS
Neu
Jul 16EB-5New Policy Guidance on Noncompliance with EB-5 Regional Center Program
USCIS is issuing new policy guidance on the consequences of noncompliance with the EB-5 Regional Center program, based on recent changes to immigration law. The guidance clarifies what happens when regional centers or investors fail to…
Processing
USCIS
Neu
Apr 29Employment-basedUSCIS Reminds Certain Employment-Based Petitioners to Submit the Correct Required Fees
USCIS updated its FAQ guidance to help employment-based immigration petitioners understand and submit the correct filing fees. The clarification follows the USCIS Fee Rule and applies to various employment-based visa categories.…
Fees
USCIS
Neu
Apr 10PERMUSCIS Adopts Department of Labor Definition of “Science or Art”
USCIS has updated its policy guidance to use the U.S. Department of Labor's definition of 'science or art' when evaluating Schedule A, Group II visa cases. This clarification applies to certain skilled workers whose occupations qualify for…
Processing
USCIS
Neu
Apr 9EB-5USCIS Announces Information Regarding EB-5 Regional Center Audits
USCIS has announced procedures for auditing EB-5 Regional Centers as required by the EB-5 Reform and Integrity Act of 2022. Each designated regional center must be audited at least once every five years to ensure compliance with program…
Processing
USCIS
Neu
Mar 29Employment-basedUSCIS Announces Filing Location Change for Certain Employment-Based I-485 and Related Forms
USCIS is changing the filing location for employment-based green card applications effective April 1, 2024. Forms I-140 (immigrant petition), I-485 (adjustment of status), and related work authorization and travel document forms will now…
Processing
USCIS
Neu
Jan 5Employment-basedUSCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers
USCIS issued new guidance on how employers must demonstrate they can pay the offered wage in employment-based green card cases, particularly when a sponsored worker changes employers during the adjustment of status process. The guidance…
Processing
USCIS
Neu
Dec 13Employment-basedUSCIS Changes Filing Location for Form I-907 for Pending Form I-140
USCIS is changing where employers must file Form I-907 (Request for Premium Processing) for pending I-140 petitions, effective December 15. Instead of sending these forms to service centers, employers will now file them at appropriate…
Processing
USCIS
Neu
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