E-1, E-2, PERM, EB-1, EB-2, and EB-3 Visas in 2026: What You Need to Know Right Now

U.S. immigration has always required careful planning, but 2026 brings a uniquely complex environment. Policy changes, expanded vetting requirements, shifting processing times, and travel restrictions are reshaping the path for entrepreneurs, investors, and skilled workers. If you are considering an E-1, E-2, PERM labor certification, or an employment-based green card through EB-1, EB-2, or EB-3, understanding the current landscape is not optional — it is essential.

At Miranda & Maldonado, P.C., we represent individuals and companies navigating exactly these visa categories every day. This article breaks down what is happening with each program right now and what it means for your application.

The Broader Immigration Context in 2026

Before diving into individual visa categories, it is important to understand the environment shaping all immigration decisions this year.

Presidential Proclamations 10949 (June 2025) and 10998 (effective January 1, 2026) have fully or partially suspended visa issuance to nationals of 39 countries. While business visas like the E-1 and E-2 are not broadly suspended, they are subject to enhanced screening and adjudication delays at consulates worldwide. The administration has also expanded social media vetting to virtually all visa categories — a development that affects how applicants present themselves online throughout the entire process.

Additionally, USCIS has reduced Employment Authorization Document (EAD) validity from five years back to 18 months for most categories, effective December 2025. This directly affects workers in pending green card processes who depend on EADs to remain authorized to work.

In short: timelines are longer, scrutiny is higher, and the cost of application errors is greater than ever.

E-1 and E-2 Visas: Investor and Trader Options in 2026

What Are the E-1 and E-2 Visas?

The E-1 Treaty Trader Visa and E-2 Treaty Investor Visa are nonimmigrant visas available exclusively to nationals of countries that have signed a Treaty of Commerce and Navigation with the United States. They allow entrepreneurs and business owners to live and work in the U.S. while operating or investing in a U.S. business.

E-1 Visa: For Substantial Trade

The E-1 visa is for nationals of treaty countries who are engaged in substantial trade between the U.S. and their home country. Trade includes goods, services, banking, insurance, transportation, and more. Key requirements include:

More than 50% of international trade must be between the U.S. and the treaty country.
Trade must be substantial and ongoing — not a single transaction.
The applicant must hold the same nationality as the treaty country.

E-2 Visa: For Investors

The E-2 visa is designed for investors who commit a substantial amount of capital to a U.S. enterprise. Unlike EB-5, there is no fixed minimum investment amount — the investment must simply be substantial in proportion to the total cost of the business. Key requirements include:

The investment must be real, active, and at risk.
The business must not be marginal — meaning it must generate more than enough income to support the investor and their family.
The investor must direct and develop the enterprise.

Notable 2025-2026 Update: Portugal Added

A significant development: following legislation passed in 2022 and implemented by March 2025, Portuguese citizens are now eligible for E-1 and E-2 visas as a result of a reciprocal agreement between the U.S. and Portugal. Between 2020 and 2024, E-2 visa issuances rose from approximately 23,000 to over 55,000 annually — reflecting strong and growing investor interest in the program.

What to Watch in 2026

Consular interviews for E visas are becoming more rigorous. Reports from immigration professionals indicate that some U.S. embassies — including London — have extended interview durations and are conducting more detailed examinations of business plans, source of funds, and U.S. expansion strategies. Unexpected denials under INA Section 214(b) have been reported even for well-prepared applicants. Documentation quality and legal preparation matter more now than at any point in recent memory.

The E-2 visa does not directly lead to a green card, but with proper planning it can serve as a long-term platform while other immigration pathways are developed. Our attorneys help clients build that strategy from day one.

PERM Labor Certification: The Foundation for Most Employment-Based Green Cards

What Is PERM?

PERM — the Program Electronic Review Management system — is the Department of Labor (DOL) process that U.S. employers must complete before sponsoring most foreign workers for EB-2 and EB-3 green cards. Its purpose is to demonstrate that no qualified U.S. workers are available for the position and that hiring the foreign worker will not negatively affect wages or working conditions for U.S. employees.

The PERM process involves a formal recruitment campaign, wage compliance documentation, and submission of the ETA Form 9089 to the DOL’s Office of Foreign Labor Certification (OFLC). If approved, the employer moves forward with an I-140 immigration petition with USCIS.

PERM Processing Times in 2026: Plan for Significant Delays

This is where current applicants need to pay careful attention. As of early 2026, DOL is reporting significantly extended processing times for PERM applications:

Analyst Review (standard cases): approximately 16 to 17 months.
Audit Review: cases selected for audit face additional months of delay beyond the standard timeline.
Reconsideration Requests: denied cases seeking reconsideration add further time to an already long process.

These timelines mean that a worker and employer starting the PERM process today should not expect a final DOL decision until late 2027 at the earliest — and that is before the I-140 petition and adjustment of status process even begin. Early action is not just advisable; it is critical.

Common PERM Audit Triggers to Avoid

A PERM audit is a DOL request for additional documentation to verify the application’s accuracy. Audits can add months or over a year to the timeline. Common triggers include:

Job requirements that appear tailored to the foreign worker rather than the position.
Incomplete or insufficient recruitment documentation.
Wages below the prevailing wage for the position and location.
Business necessity documentation gaps for unusual requirements.

Working with experienced immigration counsel to prepare the PERM from the outset is the most effective way to avoid audits and ensure approval.

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

These three categories represent the primary pathways to permanent residence for employment-based immigrants. Each has distinct eligibility criteria, processing characteristics, and strategic considerations in 2026.

EB-1: Priority Workers — No Labor Certification Required

The EB-1 category is reserved for individuals at the top of their fields and for certain multinational executives and managers. It is divided into three subcategories:

EB-1A — Extraordinary Ability: For individuals with extraordinary ability in science, arts, education, business, or athletics. This category allows self-petition — no employer sponsor required.
EB-1B — Outstanding Professors and Researchers: Requires an employer sponsor and evidence of outstanding academic achievements.
EB-1C — Multinational Managers and Executives: Requires employment in a managerial or executive capacity abroad for at least one of the last three years with the same employer or affiliate.

Because EB-1 does not require PERM labor certification, processing is significantly faster than EB-2 or EB-3 for most applicants. For many countries, EB-1 priority dates remain current or very close to current, making this category particularly attractive for those who qualify. However, the evidentiary bar is high, and applications require strong documentation of achievements, recognition, and sustained national or international acclaim.

EB-2: Advanced Degree Professionals and Exceptional Ability

The EB-2 category covers two main groups of applicants:

Professionals with an advanced degree (master’s or higher, or bachelor’s plus five years of progressive experience in the field), sponsored by a U.S. employer through PERM.
Persons of Exceptional Ability in science, arts, or business — typically requiring PERM unless the applicant qualifies for a National Interest Waiver (NIW).

The National Interest Waiver is a particularly powerful subcategory. It allows eligible applicants to self-petition for an EB-2 green card without employer sponsorship or labor certification, provided they demonstrate that their work is in the national interest of the United States. Researchers, scientists, physicians, and certain entrepreneurs with strong track records and letters of support are common NIW candidates.

EB-3: Skilled Workers, Professionals, and Other Workers

The EB-3 category is broader and covers:

Professionals with a bachelor’s degree.
Skilled workers in positions requiring at least two years of training or experience.
Other (unskilled) workers for positions requiring less than two years of training.

EB-3 requires employer sponsorship and PERM labor certification for all applicants. While the eligibility bar is lower than EB-1 or EB-2, the tradeoff is longer priority date wait times, particularly for nationals of high-demand countries such as India and China. For applicants from most other countries — including Mexico and nations in Latin America and Europe — EB-3 priority dates are often significantly more favorable, and the pathway to a green card can be relatively accessible.

Priority Dates and the Visa Bulletin: What Is Happening in 2026

One important development in fiscal year 2026: because the administration’s travel restrictions have reduced immigrant visa issuance to nationals of certain countries, the State Department has been advancing final action dates across employment-based categories to ensure annual visa numbers are used. The April 2026 Visa Bulletin reflects these advances. However, the State Department has cautioned that retrogression — a rollback of those dates — is possible later in the fiscal year if demand patterns shift. Applicants nearing their priority date should work closely with their attorney to monitor bulletins and file adjustment of status applications as early as permissible.

Priority dates can advance quickly, but they can also retrogress. Filing at the earliest possible opportunity — and being prepared to do so — is one of the most important strategic decisions in the green card process.

TN Visa: Professional Work Authorization Under USMCA

What Is the TN Visa?

The TN visa — Trade NAFTA, now operating under the United States-Mexico-Canada Agreement (USMCA) — allows qualified Mexican and Canadian professionals to work in the United States in specific designated occupations. Unlike the H-1B, there is no annual lottery, no cap, and no lengthy wait. For eligible professionals, it is one of the most accessible and efficient work visa options available.

Who Qualifies?

TN status is available to citizens of Mexico or Canada who are working in one of the USMCA-designated professions. The list includes more than 60 occupations across fields such as:

Engineering (all major disciplines)
Accountants and management consultants
Scientists — biologists, chemists, geologists, and others
Computer systems analysts
Physicians (limited to teaching or research roles, not direct patient care)
Lawyers (when acting as legal consultants, not practicing U.S. law)
Nurses and certain allied health professionals

The applicant must have a job offer from a U.S. employer in a qualifying profession and hold the educational credentials required for that profession — typically a bachelor’s degree or higher, or a state/provincial license where applicable.

TN Visa in 2026: Key Considerations

Mexican TN applicants apply at a U.S. Consulate for a TN visa stamp, which then allows entry for up to three years. Canadian citizens do not need a visa — they can apply directly at a U.S. port of entry. Both categories allow for unlimited renewals, making the TN a practical long-term work solution for professionals who do not yet have — or are simultaneously pursuing — permanent residence.

One critical limitation: the TN is a nonimmigrant visa, meaning the applicant must not have clear immigrant intent. Simultaneously pursuing a green card through an employer can technically conflict with TN status. However, with proper legal strategy — such as using the TN while an EB-2 NIW self-petition is pending — it is possible to maintain valid status throughout a longer immigration plan.

For Mexican engineers, scientists, accountants, and consultants with U.S. job offers, the TN is often the fastest path to legal work authorization — sometimes approved within days of a consular appointment.

Family-Based Residence: Keeping Families Together in the United States

Overview

While much of employment-based immigration focuses on the individual applicant, the immigration status of spouses and dependent children is equally important. Understanding how family members obtain residence — and what happens to their status during a long immigration process — is essential planning for any foreign national pursuing a U.S. visa or green card.

Derivative Beneficiaries: Spouses and Children of Employment-Based Applicants

For E-1, E-2, EB-1, EB-2, and EB-3 applicants, spouses and unmarried children under 21 are typically eligible as derivative beneficiaries. This means they can accompany the principal applicant and receive the same immigration status:

E-1 and E-2 spouses receive E derivative status and — as of 2021 — are eligible to apply for Employment Authorization Documents (EADs), allowing them to work for any U.S. employer.
EB green card applicants: spouses and children under 21 are included as derivative beneficiaries on the I-485 adjustment of status application and receive green cards alongside the principal applicant.
PERM and I-140 stage: spouses do not yet have residence rights, but if the I-140 is approved and a priority date is more than one year away, spouses of EB-2 and EB-3 applicants may qualify for H-4 EAD work authorization.

TN Visa Dependents

Spouses and unmarried children under 21 of TN visa holders enter the United States on TD (Trade Dependent) status. TD dependents may live and study in the U.S. but are not authorized to work. If the spouse wants to work, a separate work visa — such as an H-1B or E-3 — must be obtained independently.

Family-Based Green Cards: An Independent Pathway

Separate from employment-based immigration, U.S. citizens and lawful permanent residents can petition for certain family members to immigrate to the United States. The primary categories are:

Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents): no annual cap — visas are always immediately available.
Family preference categories: adult children, married children, and siblings of U.S. citizens; spouses and children of lawful permanent residents. These categories have annual caps and waiting periods that vary significantly by country of birth.

For clients who have been in the U.S. on employment-based visas for years and are approaching naturalization, sponsoring a spouse or parent through the immediate relative category becomes a powerful and efficient option — often faster than continuing on the employment-based green card track for the family member.

Family immigration planning should never be an afterthought. The status of a spouse or child can affect everything from work authorization to school enrollment to travel. We build family strategy into every employment-based case from day one.

Enhanced Vetting: What Every Applicant Must Know in 2026

Across all visa categories, the current administration has expanded screening and vetting requirements substantially. Key changes affecting E-1, E-2, PERM, and employment-based green card applicants include:

Social media review: Since December 2025, expanded social media screening now applies to virtually all nonimmigrant and many immigrant visa applicants. Applicants must disclose social media handles for the past five years, and in some categories must set profiles to public for consular review. Consistency between online presence and application materials is essential.
Additional financial scrutiny: A proposed rule — expected to be finalized in 2026 — would expand consular officers’ discretion to deny visas based on expected reliance on public benefits, affecting applicants with certain health conditions or lower income levels.
Biometric tracking: As of December 2025, CBP photographs all non-citizens at entry and exit points, creating a real-time record of physical presence in the U.S.

The practical implication: applicants must approach every aspect of their immigration record — from online profiles to financial documentation — with the understanding that it will be reviewed. Thorough preparation and experienced legal counsel are not luxuries in this environment.

Why Working With an Experienced Immigration Attorney Matters More Than Ever

The immigration landscape of 2026 is not one that rewards improvisation. Extended PERM timelines, aggressive consular interviews, social media vetting, retrogression risks, and travel restrictions combine to create a high-stakes environment where the difference between approval and denial often comes down to preparation and strategy.

At Miranda & Maldonado, P.C., our attorneys — recognized among Texas Super Lawyers for 2021 through 2024 — have represented individuals and multinational companies before USCIS, the Department of Labor, and U.S. consulates worldwide. We understand the current adjudication climate and know how to build the strongest possible case across all of the visa categories discussed in this article.

Whether you are exploring an E-2 investment opportunity, your employer is ready to begin PERM sponsorship, or you believe you may qualify for an EB-1A or EB-2 NIW self-petition, the time to act is now. Delays in initiating the process only compound the impact of already-extended government timelines.

Schedule a Consultation

Our El Paso immigration law firm serves clients locally, nationally, and internationally. We offer both in-person and virtual consultations. If you have questions about E-1, E-2, PERM, EB-1, EB-2, or EB-3 immigration options, we are here to help you understand your options and develop a clear, effective strategy.

Call us: (915) 587-5000 | Website: eptxlawyers.com

Miranda & Maldonado, P.C. — Immigration, Bankruptcy, and Commercial Litigation | El Paso, Texas