A Green Card (Permanent Residence) authorizes residence, work and travel both within and to and from the US. When a non-US national becomes a Legal Permanent Resident (LPR) or Green Card holder, his or her accompanying spouse (wife or husband; US immigration law does not currently recognize domestic partnerships) and unmarried children under age 21 may also obtain a Green Card. Permanent residence can lead to US citizenship in 3 (if married to a US citizen) to 5 years (most other instances).

A Green Card may be obtained through employment (Employment-Based immigration or “EB”, which is prioritized EB-1, EB-2, EB-3, EB-4 and EB-5, with lower numbers indicating the priority in which visa numbers subject to annual quotas are distributed) or Immediate Family Green Card sponsorship (Family-Based immigration or FB; also prioritized into categories, although numbers in Family-Based categories are less meaningful than those in Employment-Based categories).

Green Card processes and timing vary depending on a variety of factors, including an applicant’s level of skill, nationality, family relationship, and demand for either employment or family-based visa numbers during any given time period. The Green Card process (both family=based and employment based) usually requires 2 to 3 steps of varied length. Sometimes, the final step of a Green Card application can be processed while the applicant is in the US, and other times it must be processed at a US consulate abroad. These factors vary according to each individual case.

Employment-Based Green Card: EB Green Card Categories

EB-1 Extraordinary Ability (EB-1A)

To qualify for a EB-1 Extraordinary Ability Green Card, one must be considered to be at the very top of his or her field of expertise.

Qualifying criteria include a major life-time award such as the Nobel Prize or an Academy Award; or 3 factors such as major contributions to the field of expertise, publications about the candidate in major media, serving in a key role at a distinguished company or organization, original publications by the candidate in academic or professional journals, service as a judge of others in the field of expertise, receipt of nationally or internationally recognized awards in the field of concentration, high remuneration compared to others in the field and other indicators of significant impact on the area or industry of expertise. If one qualifies, this can be one of the fastest ways to obtain a green card.

The O-1 visa is the equivalent temporary work visa to the EB-1 Extraordinary Ability Green Card category. Those qualified for the EB-1 Extraordinary Ability Green Card would usually also qualify for the temporary H-1B visa category, as well as for some other green card and temporary visa categories.

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EB-1 Outstanding Researcher – Professor (EB-1B)

The EB-1 Outstanding Researcher – Professor Green Card category requires an employer-sponsor and at least 3 years of teaching or research experience. In some circumstances, those who have obtained this experience while studying for their highest degree can qualify in this category. This can be one of the quickest paths to permanent residence in the US.

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National Interest Waiver (NIW, EB-2)

Members of the professions holding an advanced degree or individuals with “exceptional ability” in their fields of expertise who can demonstrate that their work is in the national interest of the US may be eligible to apply for a National Interest Waiver (NIW). They should document how their particular work benefits the US national interest, and they should demonstrate how their particular contributions to their fields of expertise benefit the US, and that the US would benefit by circumventing the PERM labor certification process.

If a candidate is subject to country quotas or other annual quotas, the National Interest Waiver (NIW) will be a slower route to a Green Card than the EB-1 Extraordinary Ability Green Card or EB-1 Outstanding Researcher – Professor Green Card categories, since the National Interest Waiver qualifies only as EB-2 priority rather than EB-1.

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EB-1 Multinational Executive – Manager (EB-1C)

The EB-1 Multinational Executive – Manager Green Card category is for mid- to upper-level executives and managers who have worked full time for at least one year outside the US for a qualifying non-US branch or affiliate of a US firm (the foreign and US employers must demonstrate common ownership and control) may qualify for the multinational executive or manager petition, which is one of the fastest possible ways to obtain a green card. The Multinational Executive – Manager Green Card category is the immigrant (permanent) version of the L-1A visa for intracompany transfers of executives or managers.

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PERM Labor Certification Employer Sponsorship (EB2 or EB3)

Based on unavailability of US workers in the workforce, a US employer may enable an alien to obtain a Green Card through an offer of employment. Upon approval by the US Department of Labor (USDOL)(Step 1), an immigrant petition may be filed (Step 2) demonstrating that the employer sponsor-petitioner had the ability to pay a certain prevailing wage at the time of PERM filing, and demonstrating the beneficiary’s qualifications for the proffered position. Once these steps are completed, an applicant may proceed with the filing of a green card application (Step 3) as soon as his or her priority date becomes current.

The PERM process is complex and can be lengthy due to uncertainties in DOL practice and interpretation, as well as variation in processing priorities. However, PERM is also the most common path to the Green Card, as most people do not qualify for the special EB-1 Green Card categories listed above.

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Physician National Interest Waiver (NIW, EB-2)

Physicians who have practiced or who intend to practice medicine full-time for a certain number of years (usually an aggregate of 5) in DHHS-designated “shortage areas” or VA facilities may qualify for a Physician National Interest Waiver (NIW). The Physician National Interest Waiver (NIW) used to be restricted to primary care physicians only (defined as family or general medicine, pediatrics, obstetrics-gynecology, general internal medicine or psychiatry), but it is now open to specialists as well who work in areas designated by DHHS as having a shortage of specialists. Time spent serving the J-1 waiver requirement may count toward the 5 year service requirement. In addition, a physician may be sponsored by an employer, or may establish his or her own practice as long as the service requirement is satisfied.

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Immigrant Investor: Employment Creation (EB-5)

Qualified investors and their families may be eligible to enter the US on this type of visa if they invest $500,000 to $1,000,000 in an existing or new business in the US and create jobs for 10 or more US workers, defined as either US citizens or legal permanent residents (lesser investment must be made within a government-designated targeted employment area). On the basis of this investment and employment creation, investors may receive a conditional green card for two years. Once the requirements are satisfied after this initial period, they may then proceed with an application for permanent residence (see E-1 Trader or E-2 Investor Visa).

Due to the uncertainty of USCIS regulations and processing on this visa category, and its unfavorable requirements that often run counter to real world business plans, few persons utilize the Immigrant Investor category, and even fewer gain approval for the green card in this category.

Family-Based Green Card

US citizens may sponsor spouses, parents, adult children and siblings (brothers or sisters) for permanent residence. Green Card holders can sponsor only spouses or unmarried children. The US grants highest priority to spouses, minor children and parents of US citizens. Lowest priority is for brothers and sisters of US citizens. Also, due to high demand in the family category by some countries, the wait for nationals of certain countries can be much longer than for nationals of other, non-backlogged countries.

See also K Fiancé(e) Visa and Marriage to US Citizen.

Diversity Visa Green Card Lottery Program (DV Green Card Lottery)

Through the annual DV Green Card Lottery program (instructions are issued each year; the entry period is generally in the winter; and winners are notified in the spring), the US randomly distributes 55,000 DV Green Cards to nationals of designated countries. Participants must have either 12 years (or more) of education or 2 years experience as a skilled worker, and must be otherwise eligible for permanent residence in the US. Winners’ spouses and children under 21 can also receive green cards along with the principal winner through the DV Green Card Lottery program.

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