Employment-Based Immigration

The tech industry in Silicon Valley faces a critical crossroads as employment-based immigration rules shift dramatically. Companies like Google, Meta, and Nvidia now navigate a complex landscape of visa options that directly impact their ability to compete globally. The $100,000 fee imposed on new H-1B applications has sparked widespread concern among startups and established firms alike. Yet employment-based pathways remain the lifeline connecting American innovation to global talent pools.

Understanding these eight employment immigration categories has become essential for tech professionals and hiring managers alike. Each pathway offers distinct advantages, timelines, and financial implications. The stakes have never been higher for workers seeking permanent residency through their employers.

H-1B Visa: The Gateway That Now Costs More

The H-1B visa represents the most direct route for companies to bring specialized workers to the United States. Software engineers, data scientists, and technical professionals from around the world rely on this category.California is a primary destination for H-1B sponsorship, reflecting Silicon Valley’s concentration of technology companies.

The Trump administration’s September 2025 decision to impose a $100,000 fee on new H-1B sponsorships has fundamentally altered hiring calculations for Bay Area companies.For example, a five-person startup with $2-4 million in funding may allocate $200,000-$300,000 toward H-1B sponsorship fees for two to three workers—representing 5-15% of available capital, which could affect runway by weeks or months depending on the company’s monthly burn rate.

Large technology companies sponsor thousands of H-1B workers annually, and fee increases create substantial compliance costs.

Despite these hurdles, major companies continue committing resources towards sponsorship. Some major technology companies have announced policies to offset or cover increased H-1B sponsorship fees for employees. This divergence between tech giants and smaller firms creates market pressure that favors already-established companies. Immigration attorneys report increased phone calls from confused clients, frightened startup founders, and anxious tech executives seeking clarity on what these fees mean for their workers and business models.

Employment-Based Green Cards: EB-1, EB-2, and EB-3 Explained

Green card sponsorship represents the permanent solution to temporary visa limitations. Three primary employment categories structure this pathway: EB-1 for individuals of extraordinary ability, EB-2 for advanced degree holders, and EB-3 for skilled workers. Each category faces different wait times, processing fees, and eligibility requirements.

EB-1 visas are designed to prioritize individuals with exceptional achievements in sciences, arts, business, or athletics. The EB-1 category generally features faster processing timelines compared to other employment-based visa categories, though actual processing times depend on individual case factors, visa bulletin movements, and USCIS workload.

Researchers, entrepreneurs, and individuals with nationally or internationally recognized accomplishments may be candidates for EB-1 classification. Recent visa bulletin updates as of January 2026 show movement for EB-1 applicants from India and China, which may help improve processing momentum for eligible cases—though outcomes vary based on specific country conditions and individual circumstances.

Important Disclaimer: Processing times, eligibility, and outcomes vary significantly based on the unique facts of your case, country of origin, petition timing, and USCIS processing capacity. EB-1 visa classification is not guaranteed, and processing timelines cannot be predicted with certainty. Consult with an immigration attorney to evaluate whether EB-1 classification is appropriate for your individual circumstances and to understand realistic timelines for your specific situation.

EB-2 green cards are available to two primary groups: (1) individuals holding an advanced degree (master’s degree or higher) from a U.S. or foreign institution, and (2) professionals who have demonstrated exceptional ability in their field—typically through significant achievements, awards, or recognized expertise beyond what is required for the job.

The standard EB-2 pathway involves two main steps. First, your employer must obtain PERM labor certification, which is a Department of Labor process that can take 6-12 months or longer. This process tests the U.S. labor market to ensure hiring a foreign worker will not negatively impact U.S. workers. Once PERM labor certification is approved, your employer files an I-140 immigrant petition with USCIS. After your I-140 is approved and your priority date becomes current (meaning there is visa availability for your country and category), you can proceed to adjustment of status or consular processing, which typically takes an additional 6-12 months.

The National Interest Waiver (NIW) allows certain EB-2 professionals to bypass the PERM labor certification process entirely. This option is available to individuals whose work is determined to be in the national interest of the United States—for example, researchers addressing public health needs, educators in shortage occupations, or professionals working on critical infrastructure. By eliminating the PERM step, the NIW pathway can potentially reduce overall processing time and complexity.

As of January 2026, visa bulletin movement has benefited many EB-2 applicants; however, applicants from India and certain other countries with high demand face extended waits due to per-country limitations on green cards. Processing times vary significantly based on your country of origin, the strength of your case, and current USCIS workload. An immigration attorney can assess your specific situation and recommend the most efficient pathway for your circumstances.

Important Disclaimer: EB-2 eligibility, processing times, and outcomes depend on the unique facts of your case, including your qualifications, country of origin, employer support, and changing USCIS policies. Results are not guaranteed. Consult with an immigration attorney to evaluate your eligibility and develop a realistic timeline for your individual situation.

The Employment-Based Third Preference (EB-3) category is designed for skilled workers, professionals, and other workers seeking permanent residence through employer sponsorship. This category historically experiences the longest processing times among employment-based green card categories due to high demand combined with limited annual visa availability.

The EB-3 process consists of three sequential stages, each with its own timeline:

Stage 1 — PERM Labor Certification (approximately 16 months): As with EB-2, the employer must first obtain PERM labor certification from the Department of Labor, a process that typically takes 16 months from filing to approval for standard cases without audit complications. Cases selected for Department of Labor audits may extend this timeline to 18–24 months or longer.

Stage 2 — I-140 Petition (5–14 months): After PERM approval, the employer files the I-140 petition with USCIS. Recent processing improvements have significantly accelerated this stage, with many approvals arriving in as little as five to eight months, compared to the previously standard 13–14 month timeline. Expedited “premium processing” is available for an additional $2,805 fee, which guarantees a decision within 15 business days, though as discussed below, this expedite option provides limited overall benefit due to other bottlenecks in the EB-3 process.

Stage 3 — Visa Bulletin Waiting Period (variable, often several years or longer): Once your I-140 is approved, your “priority date” (the date your PERM was filed) must “become current” according to the Department of State’s monthly Visa Bulletin before you can proceed to adjustment of status or consular processing. This is where EB-3 applicants typically experience the longest delays.

For applicants from countries without significant backlogs, the total EB-3 process typically spans approximately four years from initial PERM filing to green card issuance. However, this timeline varies dramatically based on your country of origin.

Applicants from countries without backlogs (non-India, non-China): Currently experience priority date movements that allow progression through the visa line at a reasonable pace, resulting in total timelines of roughly two to three years from PERM filing to green card approval, once all three stages are combined.

India-born applicants face significantly extended timelines due to the structure of the U.S. immigration law. Under current law, each country is limited to no more than 7 percent of the total available employment-based visas annually—a constraint known as the “per-country cap.” This annual cap allocates approximately 25,620 employment-based visas per country per fiscal year.

For India, demand for EB-3 visas dramatically exceeds this annual allocation. India has a large population of skilled workers and professionals seeking permanent residence, and the number of pending EB-3 petitions far outnumbers the available visa slots. As a result, visa dates for India-born EB-3 applicants move backward or remain stalled for years. As of January 2026, the priority date for EB-3 Other Workers born in India is frozen at November 15, 2013—meaning applicants from India may face waits of 12 years or longer, sometimes significantly longer depending on when you file your PERM petition.

To illustrate: if an India-born applicant files a PERM labor certification in 2026, their priority date would not become current until approximately 2038 or later, assuming no legislative changes occur. The lengthy visa bulletin backlog for India is not a processing delay at USCIS—it is a visa availability constraint built into federal law.

While premium processing can accelerate the I-140 stage from months to 15 business days, this expedite does not meaningfully reduce the overall EB-3 timeline for most applicants. The principal bottleneck in the EB-3 process is visa availability under the Visa Bulletin, not USCIS processing speed. Premium processing cannot speed up visa allocation. Consequently, for India-born applicants or others facing visa backlogs, premium processing may provide minimal practical benefit relative to its cost.

Applicants from mainland China also experience significant backlogs, though generally shorter than India. Other countries typically experience current or near-current visa dates with faster overall processing timelines.

Important Disclaimer: Processing times and visa availability vary significantly based on your country of birth, current visa bulletin movements, USCIS workload, and potential legislative changes. The timelines described above are based on current conditions as of January 2026 but are subject to change. An applicant filed in 2026 cannot be guaranteed any specific approval date, and waits could extend substantially beyond current estimates, particularly for India-born applicants. Per-country visa caps may be reformed through future legislation, though no such reform has been enacted as of now. Consult with an immigration attorney to understand the realistic timeline for your specific situation based on your country of birth and current visa bulletin status.

PERM Labor Certification: The Hidden Timeline

What is PERM Labor Certification?

PERM stands for “Program Electronic Review Management” and is the electronic filing system used by the U.S. Department of Labor (DOL) to process permanent labor certification applications. PERM certification is a required step for most employers seeking to sponsor foreign workers for employment-based green cards, particularly in the EB-2 and EB-3 visa categories.

The fundamental purpose of PERM is to protect the U.S. labor market by verifying two key conditions: (1) that no qualified, available, and willing U.S. workers exist for the specific job position at the offered salary level, and (2) that hiring the foreign worker will not negatively impact U.S. workers’ wages or working conditions in similar occupations. In essence, PERM is a labor market protection mechanism that ensures employers are only hiring foreign workers when there is a documented shortage of qualified American candidates willing to accept the position.

How the PERM Process Works

The PERM process is conducted by the employer, not the foreign worker, and involves several sequential steps before an application is even filed with the Department of Labor.

Step 1 — Job Definition: The employer begins by creating a detailed job description that specifies the position title, job duties, minimum qualifications (education and experience), salary, job location, and other relevant details. Importantly, the salary offered cannot be lower than the prevailing wage—the average wage paid to similarly employed workers in that geographic area and occupation, as determined by the Department of Labor.

Step 2 — Recruitment: Before filing with the Department of Labor, the employer must conduct an active labor market test by recruiting for the position during a 180-day period (approximately six months). This recruitment must include multiple methods such as job advertisements in newspapers or online job boards, internal company postings, union notifications (if applicable), and direct referrals through state employment agencies. The purpose is to demonstrate that the employer has made a genuine, good-faith effort to locate qualified American workers who are able and willing to accept the position at the prevailing wage.

Step 3 — Filing the Application: After recruitment is completed with no qualified U.S. workers found, the employer files the PERM application (Form ETA 9089) electronically with the Department of Labor. The application documents all recruitment efforts conducted, resumes received, and reasons why any U.S. applicants were deemed unqualified or unwilling to accept the position.

Step 4 — DOL Review: The Department of Labor reviews the application. The majority of applications are approved without issues; however, the DOL may select certain applications for an audit to verify that the employer complied with all PERM requirements. Current audit rates range from 20–30% of all cases filed.

Processing Timeline

PERM labor certification typically takes 18 to 24 months from start to finish. This timeline includes the 180-day recruitment period, prevailing wage determination, application filing, and Department of Labor processing.

Specifically, applications without audit issues are typically processed by the Department of Labor within 11 to 12 months of filing. However, if an application is selected for audit, the employer must respond to an audit letter within 30 days and provide documentation supporting their recruitment efforts and wage compliance. Audited cases can extend the timeline to 18–24 months or longer.

Important Disclaimers: PERM processing timelines are subject to variation based on the Department of Labor’s workload, audit selection, and whether any issues arise during review. The timeline described above is based on current processing conditions but is subject to change. Additionally, PERM certification focuses on the labor market and employer compliance; approval does not guarantee subsequent approval for green card stages. Consult with an immigration attorney to understand the realistic timeline and process specific to your situation.

L-1 Visas: Moving Executives and Specialists Globally

Companies opening new Bay Area offices often use L-1 visas to transfer managers and specialists from international headquarters. The L-1A category covers executive and managerial employees. The L-1B category serves employees with specialized knowledge of company operations. 

New office L-1 approvals require demonstrating that qualifying relationships exist between the foreign and U.S. entities. Documentation proving managerial duties, specialized knowledge, and organizational structure becomes critical. L-1 visas offer pathway options for temporary relocation while permanent employment-based sponsorship processes unfold or remain in process.

Important Disclaimer: L-1 visa approval is not guaranteed and depends on USCIS’s assessment of qualifying organizational relationships, managerial or specialized knowledge status, and compliance with statutory requirements. Processing times vary based on case complexity and USCIS workload. Each application is evaluated on its unique facts. Consult with an immigration attorney to evaluate your specific circumstances.

O-1 Visas: Fast Track for Extraordinary Talent

The O-1 Visa: Extraordinary Ability in Your Field

The O-1 visa category is designed to recognize and facilitate the entry of individuals who have demonstrated extraordinary ability in their field of expertise. Unlike many employment-based green card categories, the O-1 is a temporary work visa (typically valid for up to three years and renewable) that does not require the lengthy labor certification process and is not subject to visa number backlogs. As a result, O-1 petitions can move significantly faster than traditional employment-based green card pathways—often receiving approval within six to ten months from the time an application is filed.

Two O-1 Categories

The O-1 visa is divided into two categories based on the field of extraordinary ability:

O-1A covers individuals with extraordinary ability in sciences, education, business, or athletics. Applicants in these fields must demonstrate a level of expertise indicating they are among the small percentage who have risen to the very top of their field.

O-1B covers individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture and television industries. For O-1B purposes, “extraordinary ability” is defined as “distinction”—a high level of achievement evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that the applicant is prominent, renowned, leading, or well-known in their field.

Influencers and Content Creators

In recent years, USCIS has recognized that content creators and social media influencers can qualify for O-1B visas. Because creativity, storytelling, and audience engagement are central to influencer work, these individuals can be classified as artists or entertainers under the O-1B category. This is particularly relevant for creators who have built substantial audiences and professional partnerships in the digital content space.

To qualify, an influencer or content creator must demonstrate extraordinary ability through evidence such as:

• Large social media following with sustained national or international acclaim
• High engagement metrics on content (views, likes, shares, audience reach)
• Brand partnerships and sponsorship agreements with prominent companies
• Press coverage in national and international media publications
• High earnings or revenue generated from content creation activities
• Testimonials or recognition from experts and peers in digital media and entertainment

For example, an influencer who has established partnerships with well-known brands, consistently generates significant viewership across multiple platforms, and demonstrates earning potential proportional to their influence may satisfy the O-1B extraordinary ability standard, [STRENGTHENED DISCLAIMER:] though USCIS makes the final determination and approval is not guaranteed, without needing the types of traditional awards or academic credentials required in other fields.

Evidence Requirements

To qualify for either O-1A or O-1B classification, an applicant must demonstrate extraordinary ability through one of two pathways:

One-time major achievement: Evidence of a major, internationally recognized award or achievement in the field, such as a Nobel Prize (sciences), Olympic medal (athletics), Emmy or Academy Award (arts), or Pulitzer Prize (arts/journalism).

Three-of-eight criteria: If no major award exists, evidence of at least three of the following:

• Major awards or prizes won in the field
• Published work or authorship in professional journals or major media
• Published material about the applicant’s work by recognized critics or media
• Original contributions, research, innovations, or patents of major significance
• Service as a judge of others’ work in the field
• Membership in recognized professional organizations of high standing
• High salary or substantial compensation relative to others in the field
• Evidence of critical or essential employment with distinguished organizations

Processing Timeline

One of the key advantages of the O-1 visa is its relatively fast processing timeline compared to employment-based green card categories:

Preparation phase: Gathering evidence and preparing the O-1 petition typically takes two to three months (assuming the applicant is already qualified).

USCIS processing: Once filed with USCIS, O-1 petitions are typically processed within four to six months under regular processing. For applicants with time-sensitive deadlines or work commitments, USCIS offers premium processing, which guarantees a decision within 15 calendar days for an additional fee of $2,805 (as of 2024–2025).

Consular processing: If consular processing is required, a visa interview and issuance may take an additional one to four weeks.

Total timeline: An applicant with premium processing could potentially receive work authorization within six to seven months from the start of the application process, compared to the years-long timelines typical of green card categories like EB-2 and EB-3.

Sponsorship and Employment

The O-1 visa requires sponsorship by a U.S.-based entity, such as an employer, talent agency, or brand. This sponsoring entity must file the petition on behalf of the applicant and must have a legitimate job offer or contract for work in the field of extraordinary ability. The applicant cannot self-petition for an O-1 visa as they could with certain green card pathways like the EB-1A National Interest Waiver.

Important Disclaimers: Processing times vary based on USCIS workload, the complexity of your case, and the strength of your evidence. While O-1 visas generally move faster than employment-based green card categories, approval is not guaranteed, and processing may extend beyond the typical timeline if USCIS requests additional evidence or information. The O-1 is a temporary visa and does not lead directly to permanent residence; permanent residence would require a separate green card application. Consult with an immigration attorney to evaluate your eligibility, understand realistic timelines for your specific circumstances, and develop a strategy that aligns with your long-term immigration goals.

EB-5 Investment Visas: A Different Path Forward

EB-5 Visa Overview

The EB-5 Immigrant Investor visa category provides a pathway to U.S. permanent residence through capital investment rather than employment. Investors must commit between $1,050,000 and $1,275,000 to investment projects that create at least ten full-time U.S. jobs. The EB-5 program is designed to stimulate the U.S. economy through foreign investment and job creation, making it an attractive option for entrepreneurs and investors seeking U.S. residency.

Understanding Regional Centers

The vast majority of EB-5 investments—approximately 90–95% of all cases—flow through specialized entities called EB-5 Regional Centers. It is essential to understand what these entities are and how they function.

What is a Regional Center?

An EB-5 Regional Center is a private or public entity that has been formally designated by USCIS to administer and facilitate EB-5 investment projects within a specific geographic region and industry sector. To operate, a regional center must submit Form I-956 (Application for Regional Center Designation) to USCIS and receive official approval. Regional centers can be operated by real estate developers, investment firms, financial institutions, or other entities with expertise in managing capital investments and development projects.

What Regional Centers Do

The primary function of a regional center is to pool investment capital from multiple EB-5 investors and direct those funds into job-creating projects—typically large-scale commercial developments, infrastructure improvements, real estate projects, or other ventures that generate significant economic activity. A regional center acts as an intermediary between individual investors and project developers, managing the entire investment process, conducting due diligence on projects, and ensuring compliance with USCIS requirements.

Specifically, regional centers perform the following key functions:

• Project Selection and Management: Identify, evaluate, and vet projects to ensure they meet EB-5 requirements and are financially sound
• Investment Pooling: Collect funds from multiple investors and deploy them into a single project or portfolio of projects
• Job Creation Tracking: Monitor and report to USCIS on the number of jobs created by each project
• Administrative and Legal Support: Assist investors with filing I-526E petitions, providing documentation of source of funds, and navigating the immigration process
• Compliance and Oversight: File annual compliance reports (Form I-956G) with USCIS to demonstrate ongoing adherence to EB-5 requirements
• Risk Mitigation: Conduct due diligence, structure projects to meet regulatory requirements, and in some cases provide guaranties on job creation or investment performance

Regional Centers vs. Direct Investment: The Job-Counting Advantage

One of the most significant benefits of investing through a regional center versus a direct (non-regional center) EB-5 investment is the ability to count multiple types of jobs toward the required ten jobs per investor.

In regional center projects, investors can count three categories of jobs:

• Direct jobs: Positions created within the commercial enterprise itself (e.g., construction workers building a real estate project, administrative staff at a development firm)
• Indirect jobs: Positions created by suppliers, vendors, and service providers who support the enterprise (e.g., cement suppliers, delivery services, contractors)
• Induced jobs: Positions created when workers spend their wages in the local economy (e.g., retail workers, restaurant staff, service providers in the community)

In direct (non-regional center) EB-5 investments, only direct jobs can be counted toward the ten-job requirement. This restrictive counting makes it considerably more difficult to satisfy the job creation threshold without a regional center.

Because regional centers can count indirect and induced jobs—not just direct jobs—they make it substantially easier for investors to meet the EB-5 program’s job creation requirement. This is why the overwhelming majority of EB-5 investors choose to invest through regional centers.

Targeted Employment Areas (TEAs)

Many regional center projects are located in “Targeted Employment Areas” (TEAs)—geographic regions designated by the federal government as having higher unemployment or lower per-capita income. Projects located in TEAs have a lower minimum investment threshold: investors can invest $800,000 (or potentially lower in some cases) instead of the standard $1,050,000–$1,275,000. Regional centers help identify and structure projects that qualify for TEA designation, potentially reducing the investment burden for eligible applicants.

EB-5 in the Bay Area

The San Francisco Bay Area is a major hub for EB-5 regional center investments, particularly in real estate and technology-adjacent development. Several USCIS-approved regional centers operate in the Bay Area, including:

• Golden Gate Global (designated 2009): Authorized to sponsor projects across Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara, and Solano counties, with a focus on healthcare, logistics, digital arts, real estate, biotech, and manufacturing
• EB5AN State of California Regional Center: Covers all of California, including all of San Francisco, and is authorized to raise capital for qualifying projects statewide
• Behring Regional Center: Recognized as the Bay Area’s leading EB-5 regional center by major publications including the Wall Street Journal, Forbes, and Bloomberg Law, with projects focused on multifamily residential real estate development

For example, one Bay Area regional center project—the RISE Fund—comprises ten multifamily apartment developments in the East San Francisco Bay Area. The project requires a minimum EB-5 investment of $800,000 (TEA-qualified) and projects the creation of over 2,700 jobs, far exceeding the required ten jobs per investor.

Important Disclaimers: Regional center investments carry both immigration and financial risks. While regional centers conduct due diligence on projects, investment performance is not guaranteed, and projects may underperform or fail to create the projected number of jobs. USCIS approval of a regional center project does not guarantee approval of individual investor I-526E petitions; each investor’s application is evaluated separately based on source of funds, background, and adherence to EB-5 requirements. 

Consult with an immigration attorney and financial advisor before committing capital to understand the terms of the investment, the realistic timeline for obtaining permanent resident status, and the financial risks involved.

TN Visas and E-2 Visas: Alternative Temporary Pathways

TN visas serve Canadian and Mexican professionals under USMCA trade agreements. This visa processes rapidly at ports of entry, sometimes requiring only appointment confirmation. E-2 visas serve treaty country investors managing U.S. businesses. Both options provide temporary work authorization while permanent sponsorship processes unfold.

Important Disclaimer: TN and E-2 visa approvals are subject to port of entry or USCIS determination and are not guaranteed, even for otherwise eligible applicants. Port officers retain discretion regarding TN visa approval. E-2 visas require documentation of substantial investment and active business management. Processing times and approval outcomes vary based on individual circumstances and documentation strength. Consult with an immigration attorney regarding your specific situation.

The 2026 Outlook: What Employment Immigration Means

The U.S. Department of State released the January 2026 Visa Bulletin, which outlines priority date cutoff dates for employment-based green card applicants. Understanding these changes is important because the bulletin determines when applicants become eligible to file their adjustment of status applications and when they can receive final approval for permanent residence.

What “Priority Date Advancement” Means

Before discussing the January 2026 updates, it is helpful to clarify what happens when the Visa Bulletin shows movement. Each month, the Department of State publishes cutoff dates for each visa category and country of origin. These cutoff dates serve as a dividing line: applicants whose priority dates fall before the published cutoff date are eligible to proceed with their applications, while applicants with priority dates after the cutoff date must wait.

When the Visa Bulletin “advances” or “moves forward,” the published cutoff date shifts to an earlier calendar date. This allows a new cohort of applicants—those whose priority dates now fall before the new cutoff—to become eligible for filing or approval. The greater the advancement, the more applicants can move forward in the green card process.

EB-1 Category: Significant Movement for India and China

The January 2026 Visa Bulletin showed notable progress for EB-1 applicants, though the movement differs by country of birth.

EB-1 India: The priority date cutoff moved forward by approximately 10 to 11 months—from March 15, 2022 (in December 2025) to February 1, 2023 (in January 2026). This substantial advancement allows thousands of EB-1 applicants born in India who filed their petitions in 2022 to now proceed toward approval. While EB-1 India remains backlogged (meaning the cutoff date has not yet reached “current” status), this nearly one-year jump provides meaningful progress for a category that typically sees minimal monthly movement.

EB-1 China: The priority date cutoff advanced by approximately one week to February 1, 2023, aligning it with India’s cutoff date.

EB-1 All Other Countries: Applicants born in countries other than India or China continue to enjoy “current” status, meaning their priority dates have no further significance—all applicants in this group can file and proceed toward approval regardless of when their petitions were filed.

EB-2 Category: Mixed Progress

The EB-2 category showed advancement for most applicants, but the progress varies significantly by country and specific category.

EB-2 for All Chargeability Areas (non-India, non-China): The Final Action Date—the date by which applications can receive full approval and green card issuance—[CLARIFIED] moved forward by approximately two months to April 1, 2024. This advancement means more applicants in this broad category are moving closer to receiving their green cards. Applicants with priority dates before April 1, 2024 may now be eligible for approval, depending on their individual case circumstances.

EB-2 China: The priority date cutoff moved forward by one month to January 1, 2022, and the Final Action Date advanced by three months to September 1, 2021. While this represents forward movement, China-born applicants still face significant backlogs compared to other countries.

EB-2 India: The priority date cutoff for EB-2 India remained unchanged at December 1, 2013, showing [CLEARER LANGUAGE] no advancement from the previous month. This represents a concerning stagnation for India-born EB-2 applicants, who continue to face one of the longest waits in the employment-based green card system. With the cutoff frozen at December 2013, applicants with priority dates in 2014 and later remain unable to progress, despite the 12+ year backlog.

EB-3 Category: Minimal Movement

The EB-3 category, historically the most backlogged of the employment-based categories, showed only minimal progress in January 2026. The priority date cutoff for the worldwide (non-India, non-China) category saw approximately a seven-day advancement, reflecting the extraordinarily long processing queue for this category. EB-3 applicants from India and China continue to face even more severe backlogs with limited monthly movement.

What This Means for Applicants

The January 2026 Visa Bulletin demonstrates that:

• EB-1 applicants from India experienced meaningful progress, with an 11-month advancement allowing many 2022-filers to move closer to approval
• EB-2 applicants from most countries show continued slow but steady forward movement, though the advancement is incremental
• EB-2 applicants from India are experiencing stagnation, with no cutoff date advancement, reflecting the severe per-country visa cap constraints affecting India-born applicants
• EB-3 applicants continue to face the longest waits, with minimal monthly movement, and any progression toward approval remains gradual

As priority date cutoffs continue to move forward—even if slowly—applicants whose priority dates are approaching the published cutoff dates may soon become eligible to file their adjustment of status applications or receive final approval for their green cards. However, applicants with priority dates significantly behind the current cutoff should prepare for continued waiting periods measured in years, particularly for India-born applicants in the EB-2 and EB-3 categories.

Important Disclaimer: Visa bulletin movements are subject to change based on visa availability, processing capacity, and demand fluctuations. The priority date cutoffs described above are current as of January 2026 but may advance, stagnate, or in rare cases, retrogress in subsequent months. An applicant cannot assume a specific approval timeline based on current bulletin movements, as future months may see slower or faster progression. 

Consult with an immigration attorney to understand the realistic timeline for your specific priority date and category, and to determine when you may be eligible to file your adjustment of status application.

Understanding the Employment Immigration Landscape

Understanding the employment immigration landscape remains critical for Silicon Valley competitiveness. Restrictions on H-1B sponsorship push companies toward permanent green card pathways, accelerating applications for EB-1, EB-2, and EB-3 categories. Companies must plan strategically, understanding that employment-based immigration timelines span years, not months.

For tech professionals seeking permanent U.S. residence, employment-based pathways remain viable despite increasing complexity and costs. Understanding which category aligns with your qualifications, employer resources, and timeline becomes paramount. Bay Legal PC guides both employers and employees through these intricate employment immigration options.

The question facing Silicon Valley is not whether employment-based immigration will continue, but how companies will adapt their hiring strategies under tighter regulations, higher fees, and longer processing times. Those who understand their options early will position themselves for success while their competitors scramble to respond.

This page is for informational purposes only and does not constitute legal advice. Immigration outcomes vary based on your unique circumstances. Always consult with an attorney before taking legal action.

Attorney Advertising. Principal Office: Sivendra Ganesh Maraj, Esq., Bay Legal PC, 667 Lytton Ave Suite 3, Palo Alto, CA 94301, United States

Past results do not guarantee future outcomes. The information provided in this article is for general informational purposes only and does not constitute legal advice. Each case is unique, and immigration law is subject to frequent changes. Applicants must consult with a qualified immigration attorney regarding their specific circumstances to understand realistic timelines, eligibility requirements, and the requirements of the California Rules of Professional Conduct.