How Much Does an Employment-Based Green Card Cost in Total in 2026?
TL;DR: For a typical PERM-based employment green card (EB-2/EB-3), total government filing fees alone run roughly $2,500-$3,500 across PERM, I-140, and I-485 (plus biometrics and any premium processing), while attorney fees commonly add $5,000-$15,000+ depending on complexity — pushing an all-in total to somewhere between $8,000 and $20,000+ per applicant when a lawyer handles the case. By law, the employer must pay for PERM recruitment and the I-140 filing; the employee can legally pay for I-485 and dependent costs.
What's Actually Included in "Green Card Cost"
An employment-based green card isn't one fee — it's a sequence of three separate government filings (PERM labor certification through DOL, Form I-140 immigrant petition through USCIS, and Form I-485 adjustment of status through USCIS), each with its own government fee, plus optional premium processing, biometrics, medical exam, and — for most applicants — attorney fees at each stage. EB-1A and EB-2 NIW applicants skip PERM entirely since they self-petition, which changes the cost mix.
Evidence: Typical 2026 Fee Breakdown
| Step | Government Fee (2026) | Who Must Pay by Law | Notes |
|---|---|---|---|
| PERM recruitment (ads, etc.) | ~$500-$2,000 (recruitment costs, not a DOL filing fee) | Employer | DOL does not charge a PERM filing fee itself; costs are recruitment/advertising |
| Prevailing Wage Determination | No fee | — | Free DOL filing |
| Form I-140 | Several hundred dollars (varies by employer size/type) | Employer | Small employer/nonprofit fees are lower than standard |
| I-140 Premium Processing (optional) | ~$2,805 | Either party | 15-business-day adjudication guarantee |
| Form I-485 | ~$1,440 (includes biometrics for most applicants) | Applicant may pay | Employee/applicant can legally cover this |
| Form I-765 (EAD, if filed with I-485) | Often bundled at no extra fee with concurrent I-485 | Applicant | Confirm current bundling rules before filing |
| Form I-131 (Advance Parole, if filed with I-485) | Often bundled at no extra fee with concurrent I-485 | Applicant | Confirm current bundling rules before filing |
| Medical exam (Form I-693) | ~$200-$500 | Applicant | Paid directly to a USCIS-designated civil surgeon |
| Attorney fees (PERM through I-485, all stages) | ~$5,000-$15,000+ | Employer for PERM/I-140; negotiable for I-485 | Varies widely by firm, city, and case complexity |
Costs scale up meaningfully for EB-1A and EB-2 NIW self-petitions, where there's no PERM stage but attorney fees for building an "extraordinary ability" or "national interest" evidence record are often higher — sometimes $10,000-$20,000+ for the I-140 stage alone given the depth of documentation required.
Step-by-Step: Budgeting the Full Process
- Confirm who's legally required to pay what. DOL and USCIS rules require the employer to bear PERM recruitment costs and the I-140 filing fee — an employer asking you to pay for either can create compliance risk for them and shouldn't be accepted.
- Decide on premium processing early. I-140 premium processing (about $2,805) buys a 15-business-day decision and can be worth it if you're racing a visa bulletin deadline or an H-1B 6-year limit.
- Budget I-485 and dependent costs separately. If your spouse and children are filing I-485 concurrently, each dependent has their own $1,440 filing fee (2026 fee schedule) plus their own medical exam cost.
- Get a flat-fee attorney quote in writing before starting, since immigration attorneys commonly bill flat fees per stage (PERM, I-140, I-485) rather than hourly, and totals vary significantly by firm and case type.
- Factor in the new $100,000 H-1B fee only if relevant — it applies to new H-1B petitions under the 2025 proclamation, not to PERM/I-140/I-485 filings, though litigation over its validity is ongoing and could change enforcement.
- Set aside a contingency buffer. RFEs, PERM audits, or a job change mid-process can require refiling steps and additional attorney fees — budgeting 15-20% above your initial quote is realistic.
FAQ
Can my employer make me pay for PERM or the I-140 filing fee? No. DOL and USCIS rules require the sponsoring employer to pay PERM recruitment costs and the I-140 government filing fee — these cannot legally be passed to the employee, even informally.
Can I pay for my own I-485, EAD, and Advance Parole? Yes. Unlike PERM and I-140, the employee/applicant can legally pay I-485-stage costs, and many employers choose not to cover them.
Is EB-2 NIW or EB-1A cheaper since there's no PERM? You skip PERM's recruitment costs and timeline, but attorney fees for building a strong self-petition record are often comparable to or higher than a standard PERM case, so total cost isn't necessarily lower.
Does premium processing speed up the entire green card process? No — premium processing is only available for the I-140 stage (and some other specific forms), not for I-485 adjustment of status, so it shortens one step, not the overall multi-year timeline shaped by visa bulletin waits.
Are these fees likely to change again in 2026? Yes — USCIS periodically updates its fee schedule, and some fees (like those tied to H.R. 1's inflation mechanism) adjust annually, so always confirm current amounts on uscis.gov before filing.
By Pinal Dave Last updated: August 4, 2026