The $100k H-1B fee, explained for employers
7 mins read | Jul 13, 2026
When you compare EB-1 vs EB-2 vs EB-3, you're really comparing the three tiers of the employment-based green card system, and each one sets a different bar for who qualifies and how you get there. EB-1 is the first preference, reserved for people at the top of their field, outstanding researchers, and certain multinational managers, and most of its paths skip the labor certification step. EB-2 is the second preference for advanced-degree holders and people with exceptional ability, and it usually runs through PERM unless you win a National Interest Waiver. EB-3 is the third preference for professionals and skilled workers, and it always runs through PERM.
The right category for you depends on three things: how strong your profile is, whether a U.S. employer will sponsor you, and how long the wait is for someone born in your country. None of the three is universally "better," so this guide lays out when each one is the right call and points you to deeper resources for the two comparisons people ask about most.
If you already know you're weighing EB-2 against EB-3 specifically, or the National Interest Waiver against EB-1A, we have dedicated breakdowns linked below. This article is the map that sits above them.
The three employment-based green card categories at a glance
The employment-based green card categories are ranked by preference, and that ranking affects both the qualifying standard and how quickly a visa number becomes available. Congress sets aside roughly the same annual number of green cards for each of the first three preferences, but demand is spread unevenly across them, which is why the wait can differ so much depending on your category and country of birth.
Here's the core distinction to anchor on. EB-1 covers extraordinary ability, outstanding professors and researchers, and multinational managers or executives. EB-2 covers advanced-degree professionals and people with exceptional ability, including the self-petition route through the National Interest Waiver. EB-3 covers professionals with a bachelor's degree, skilled workers, and other workers. The table below summarizes how they compare on the questions that decide most cases.
| Factor | EB-1 | EB-2 | EB-3 |
|---|---|---|---|
| Who it's for | Extraordinary ability, outstanding researchers, multinational managers | Advanced-degree or exceptional-ability professionals | Professionals, skilled workers, other workers |
| PERM labor certification | Not required | Required, unless NIW | Required |
| Self-petition possible | Yes (EB-1A only) | Yes (EB-2 NIW only) | No |
| Qualifying bar | Highest | Moderate to high | Entry to moderate |
| Typical form | I-140 | I-140 | I-140 |
Every category files the same immigrant petition, Form I-140 (the Immigrant Petition for Alien Workers), so the paperwork engine is shared. What changes is the standard of proof and whether an employer has to run a recruitment process first. You can see the official breakdown on the USCIS permanent workers page. For a wider view of how these green cards sit alongside temporary work visas, our guide to U.S. work visas maps the full system.
EB-1: extraordinary ability, researchers, and multinational managers
EB-1 is the first-preference employment-based green card, and it's the right fit when your record clearly places you above your peers or when you're a senior leader transferring within a multinational company. It splits into three subcategories, each with its own standard, and most of them let you skip PERM entirely. That last point matters, because PERM is the labor certification process that can add well over a year to a green card timeline.
The first subcategory, EB-1A, is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It's the only EB-1 path that lets you self-petition, meaning you don't need an employer or a job offer to file. To qualify, you either hold a one-time major internationally recognized award or you meet at least 3 of 10 regulatory criteria, and then USCIS weighs your whole record in a second step called the final merits determination. If you want the exact bar, our EB-1A eligibility criteria guide walks through all ten.
EB-1B is for outstanding professors and researchers with international recognition and at least three years in their field, and it requires a permanent job offer from a U.S. employer, though not PERM. EB-1C is for multinational managers and executives who worked abroad for a qualifying company and are transferring to a related U.S. entity, and it's the natural green card continuation for many L-1A holders. Both EB-1B and EB-1C are employer-driven, so a sponsor has to file on your behalf.
EB-1 is often the fastest category because it usually has the shortest backlog, but the trade-off is the high evidentiary bar. Not everyone with a strong resume clears it, and a profile that isn't ready for EB-1A today may be a much better EB-2 case. To go deeper on eligibility, documents, and the process, see the EB-1A visa guide.
Which visa is the best for you?Get matched with visa options based on your profile and current situation using our free tool.
EB-2: advanced degree, exceptional ability, and the National Interest Waiver
EB-2 is the second-preference green card for professionals who hold an advanced degree or can prove exceptional ability, and it's the right call when your qualifications are strong but don't rise to the EB-1 standard. An advanced degree means a U.S. master's or higher, or a bachelor's degree plus five years of progressive experience in the field. Exceptional ability means expertise significantly above what's ordinarily found in the sciences, arts, or business, shown by meeting at least 3 of 6 criteria.
Most EB-2 cases run through PERM, the Department of Labor process where your employer proves it recruited for the role and found no qualified, willing U.S. worker before it could sponsor you. That's the standard employer-sponsored route, and it means EB-2 usually depends on a company willing to file for you.
The major exception is the EB-2 National Interest Waiver, or NIW, which lets you skip both the job offer and PERM if you can show your work benefits the United States enough to justify the waiver. USCIS evaluates NIW cases under a three-part test from a 2016 precedent decision called Matter of Dhanasar: your endeavor must have substantial merit and national importance, you must be well positioned to advance it, and waiving the labor certification must be beneficial to the U.S. You can read the criteria on the USCIS EB-2 page. The NIW is why EB-2 is attractive to researchers, founders, and independent professionals, since it opens a self-petition door that plain EB-2 doesn't have. Our guide to applying for an EB-2 NIW covers the self-petition route step by step.
A common question is whether to aim for the NIW or reach higher for EB-1A, since both allow self-petitioning. The evidentiary standards differ, and the answer usually turns on how sustained and how widely recognized your record is. Rather than repeat that analysis here, our dedicated EB-2 NIW vs EB-1A comparison handles it in full, and the EB-2 NIW visa guide covers the category in depth.
EB-3: skilled workers and professionals
EB-3 is the third-preference green card for professionals with a bachelor's degree, skilled workers with at least two years of training or experience, and other workers, and it's the right fit when the job's minimum requirements land below the EB-2 threshold. Like EB-2, it runs through PERM, so it depends on employer sponsorship and a Department of Labor recruitment test. The petition still uses Form I-140.
What decides whether a case is EB-2 or EB-3 is not what's on your resume, it's what the job actually requires. A candidate with a master's degree can still end up in EB-3 if the role only requires a bachelor's, and a candidate with just a bachelor's can qualify for EB-2 if the position genuinely requires a bachelor's plus five years of progressive experience. Because the category follows the job description, employers shape the outcome when they define the role.
EB-3 gets a reputation as the "lower" tier, but it's the right call in real situations: when the position doesn't require an advanced degree, when a candidate's experience fits the skilled-worker definition, or when the EB-3 queue for a given country happens to be moving faster than EB-2 in a given month. The category and country of birth drive the wait, and those two lines don't always move in the order you'd expect.
For the full mechanics of choosing between the two PERM categories, including how the job requirements and the visa bulletin interact, see our in-depth PERM EB-2 or EB-3 guide and the PERM visa guide. This hub stays high-level on that head-to-head because those resources own it.
How to choose: profile, PERM, and priority dates
Choosing between EB-1, EB-2, and EB-3 comes down to three filters applied in order: what your profile can prove, whether you need an employer or can self-petition, and how long the wait is for someone born in your country. Work through them and the realistic options usually narrow to one or two.
Start with your profile, because it sets the ceiling. If your record shows sustained national or international acclaim, EB-1A is worth assessing first, since it self-petitions and typically has the shortest backlog. If your work has clear national-level impact but you're not sure it clears the extraordinary-ability bar, the EB-2 NIW is often the next thing to test. If neither self-petition route fits, the question becomes whether a U.S. employer will sponsor you, which points you toward employer-driven EB-2, EB-3, or EB-1C.
Next, factor in PERM. EB-1 and the EB-2 NIW skip the labor certification, while employer-sponsored EB-2 and all of EB-3 require it, adding a recruitment stage and a long Department of Labor processing period before the I-140 is even filed. If speed matters and you have a self-petition-worthy profile, avoiding PERM is a real advantage. If you're relying on an employer anyway, PERM is simply part of the plan.
Finally, look at your priority date, which is your place in line for a green card. The category and your country of birth together set the wait through the monthly visa bulletin, and for applicants born in countries with heavy demand the backlog can stretch for years, sometimes long enough that a "higher" category with a shorter line becomes the smarter target. Backlogs shift month to month, so check the current Department of State Visa Bulletin rather than relying on last year's picture. Our guides on how to read the visa bulletin and why the visa bulletin sometimes isn't moving explain how retrogression and per-country limits work.
The honest takeaway is that the "best" category is the one your evidence supports and your timeline can absorb. A strong EB-1A that self-petitions with a short backlog and a well-built EB-3 through a sponsoring employer are both good outcomes for the people they fit. The decision stays yours, and it's easier to make once you've mapped your profile against these three filters.
Tukki is a U.S. immigration provider that helps skilled professionals and their employers with employment-based green cards across all three preferences, from EB-1A and EB-2 NIW self-petitions to employer-sponsored EB-2 and EB-3 through PERM, with dedicated attorney support and full case visibility at every step. If you want a clearer, profile-based read on which category is realistic for you right now, a conversation with our team can help you plan the timing and the evidence with more confidence.