Securing a U.S. Green Card is a dream for many people who want to make America their permanent home. It grants the benefit to live and work without restrictions, provides long-term stability, and allows one to eventually apply for citizenship. For many immigrants, a Green Card is much more than a mere document: It is a promise of stability, progress, and the opportunity to lay down roots for themselves and their families. While the process might seem daunting, there are defined pathways that are intended to assist individuals in achieving this goal. Understanding how these pathways work is the first step toward achieving permanent residency and beginning a new life in the United States.
What is a Green Card?
To begin with, it is important to know the difference between a Green Card and a temporary work visa, such as the H-1B. A work visa has a duration and is limited to a specific company. When you lose your employment, you usually lose your right to remain in the country. The Lawful Permanent Resident (LPR) Card, which is the official name for a Green Card, is completely different. It gives you the right to:
- Live permanently in any part of the United States.
- Work in any industry, and for any employer.
- Travel into and out of the United States with far more freedom.
- Sponsor family members to get their own Green Cards.
- Apply to become a citizen of the United States after a certain amount of time, usually five years.
Ways to Get Your Green Card in the United States
1. Employment-Based Green Cards
Each year, the United States government issues a set number of Green Cards to foreign workers under several “Employment-Based” (EB) preference categories. For qualified workers, the three most important categories are EB-1, EB-2, and EB-3.
EB-1: Priority Workers
This is the highest priority category, intended for those who are at the pinnacle of their profession. It is commonly referred to as the “Einstein Visa” because it is intended for individuals with genuinely remarkable and internationally renowned talents. The EB-1 category has a significant advantage in that it eliminates the time-consuming PERM Labor Certification process. It includes:
EB-1A (Extraordinary Ability): Individuals who have achieved sustained national or international recognition in the sciences, education, arts, business, or athletics.
EB-1B (Outstanding Professors and Researchers): For academics who have received international recognition for their excellent contributions.
EB-1C(Multinational Managers or Executives): For senior managers who have worked for a foreign business having a qualifying ties to a U.S. employer for a minimum of one year.
EB-2: Exceptional Ability or Advanced Degrees
A lot of highly educated professionals choose this route. To be eligible, you have to match one of two profiles:
- Advanced Degree: The position you’re offered demands five years of progressive work experience in addition to a PhD, Master’s, or Bachelor’s degree.
- Exceptional Ability: You must be able to demonstrate a level of skill that is substantially higher than that often found in the sciences, arts, or business.
Most EB-2 applications need the applicant’s U.S. employer to first complete a process known as **PERM Labor Certification**, which we will discuss later in this guide.
EB-3: Professionals, Skilled Workers, and Other Workers
This group includes a wider variety of occupations and is the most prevalent for employer-sponsored Green Cards. Additionally, it must pass the PERM Labor Certification procedure. The primary subcategories are:
- Skilled Workers: For people whose jobs require at least two years of training or experience.
- Professionals: For jobs that demand a bachelor’s degree in the USA or its foreign equivalent.
- Other Workers: This subcategory is for those performing unskilled labor that requires less than two years of training, although visa backlogs are exceedingly long.
2. Family-Based Green Cards
In order to obtain a green card in this manner, a foreign national needs to have an immediate relative who is at least 21 years old to sponsor them.
The immediate relative is either an American citizen or a permanent resident. The most popular way to accomplish this is through marriage, but the marriage must be sincere and not only done for immigration reasons—intent is crucial. There are two categories of family-based immigrant visas:
- Immediate Relatives: These visas are granted based on a close family relationship—spouse, child, or parent, with a U.S. citizen. Each fiscal year, there is no cap on the total number of immigrants in these categories. Processing is completed quickly; typically, it takes about a year.
- Family Preference: Certain, more distant familial links with American citizens and relationships with lawful permanent residents can qualify. Each fiscal year, there is a cap on the total number of immigrants in these categories. It takes longer to process, often years or even decades.
3. Refugee/Asylum-Based Green Cards
Refugees and asylees seek immigration because they have been persecuted or fear persecution in their home countries. Asylee and refugee status are mostly determined by the location of application.
Applications for refugee status are made by foreign nationals who are currently outside the US. Applying for asylum status, however, is an option for those who have already reached the US border or interior (via legal or illegal immigration). It is necessary for a refugee or asylum applicant to provide evidence of persecution on one of the five protected grounds.
- Race
- Nationality
- Religion
- Membership in a particular social group
- Political opinion
Examples of persecution include imprisoning and torturing political dissidents or undesirables, firing on protestors, committing genocide against a specific race, or ensuring that members of a specific faith are excluded from the political process.
If the applicant can demonstrate previous persecution or a likelihood of future persecution, they will typically be eligible for asylum or refugee status. Individuals who have been granted refugee or asylum status can naturally live and work in the US. After a year of residency, people can usually apply for a green card if they still fit the criteria for asylee or refugee status.
4. The Diversity Visa Route
Individuals who are ineligible for one of the above-mentioned avenues are most likely to move via the Diversity Visa Program. It is also called the Green Card Lottery. The US Department of State awards diversity visas to nationals of countries that have had a low number of immigrants to the United States in the previous five years.
Every year, the United States Congress issues 55,000 diversity visas. However, demand continues to exceed supply. As a result, a lottery system is used to choose “winners.”
The Diversity Visa Program lottery is free to enter. If a fee is being requested, confirm that you are on the real website. Many unaffiliated websites claim to apply for you and increase your chances. However, no third party can increase your chances of being chosen.
5. Crime Victims Route
U.S. law may grant a green card to some victims of human trafficking, certain victims of crime, and derivative family members. Some victims who cooperate with the prosecution may be eligible for U visas and T nonimmigrant status. In order to qualify for these kinds of visas, the applicant typically needs to have been the victim of severe physical or psychological abuse.
Additionally, the individual must help law enforcement prosecute that offense. This is not a perfect strategy to obtain a green card. However, it provides some sense of security to foreign nationals who have been victimized while in the U.S. If you think you may be eligible, call an immigration attorney and explain your situation.
6 Investment-Based Green Cards
Investor immigrants can presently obtain green cards through the EB-5 direct investor program by investing as little as $500,000 in their companies, as long as they generate 10 new jobs. The money needed will probably increase to $900,000, just as it did previously, and this opportunity is only going to last until the end of the year. This program’s regional center version is presently closed and awaiting congressional reopening.
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Key Concepts You Must Know
The American immigration system has its own lingo. Knowing these two principles is crucial.
- The PERM Labor Certification
Employers must first conduct a recruitment procedure to demonstrate to the U.S. Department of Labor that there are no qualified, available, competent, and willing U.S. workers for the post being offered in the majority of EB-2 and EB-3 applications. This is a complicated and costly process that the employer handles on your behalf. It is the first important stage in most sponsored Green Card applications.
- Visa Bulletin and Priority Dates
This is what your “place in line” is all about. When your employer submits your initial petition (the I-140), the date it arrives becomes your priority date. The United States government has set annual limits on the number of Green Cards that can be awarded to each country. Due to strong demand, countries such as India and China have massive backlogs.
The Department of State produces a Visa Bulletin monthly that lists the “current” priority dates. Until your priority date appears on the Visa Bulletin, you are unable to submit your final Green Card application. The waiting period for candidates from backlogged countries can last for several years.
How to Apply
- Get an approved immigrant petition
- Apply for your Green Card (US embassy or consulate)
- Attend a biometrics appointment
- Attend an interview
- Receive a decision
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Conclusion
Getting a U.S. Green Card is a journey, not a race. It is a multi-year process that depends on a sponsoring employer and takes a great deal of patience for the majority of qualified individuals. The process consists of stringent regulations and protracted waiting periods, whether it is through the Diversity Visa lottery or employment-based categories. You can evaluate your options more effectively and create a practical plan if you understand these main routes and vital concepts. Given the complexities and high stakes, the single most critical action you can take is to speak with a knowledgeable and experienced US immigration attorney who will help you through the process.