EMPLOYMENT-BASED RESIDENT "GREEN CARDS"
U.S. permanent residence (commonly referred to as “Green Card” status) may be gained through a range of employment-based (EB) immigration options, generally with the sponsorship of a U.S. employer. The employer must intend to hire the foreign national on a long-term basis for a position that is not considered temporary. In some EB categories, the employer must obtain approval, or what is referred to as a Permanent Labor Certification through the U.S. Department of Labor. In limited EB categories, the foreign national may self-sponsor.
Depending on the applicable category, there might be as many as three stages in the application process: (1) the Permanent Labor Certification, (2) the filing of the immigrant petition by the employer, and (3) the adjustment of status to permanent residence or for consular processing of the immigrant visa.
🔷 EB-1 First Preference - Extraordinary Ability
For applicants of extraordinary ability in the sciences, arts, education, business, or athletics. It is also reserved for multinational executives and managers. No Permanent Labor Certification is required.
🔷 EB-2 Second Preference - Advanced Professional Degree
For persons who are members of the professions holding advanced degrees, or persons with exceptional ability in the arts, sciences, or business. A U.S. Department of Labor Permanent Labor Certification is required, unless the applicant can obtain a national interest waiver.
🔷 EB-3 Third Preference - Professional/Skilled
For professionals, skilled workers and some other worker categories. A U.S. Department of Labor Permanent Labor Certification is required.
🔷 EB-4 Fourth Preference - Special cases
For religious workers, employees of U.S. foreign service posts, retired employees of international organizations, aliens minors who are wards of the U.S. courts and some other classes of aliens. There is no Permanent Labor Certification is required.
🔷 EB-5 Fifth Preference - Investors
For business investors who invest US$1 million or US$500,000 (for investments made in a targeted/underserved employment area) in a new commercial enterprise. This enterprise must employ at least 10 full-time U.S. workers. No Permanent Labor Certification is required.
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FAMILY-BASED RESIDENT "GREEN CARDS"
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Family-based immigrant petitions are filed by either U.S. citizens or permanent residents. The term "immediate relative" applies to limited relatives of U.S. citizens, including spouses, parents, and children. Special rules apply for spouses of U.S. citizens, if marriage is less than two years in duration. The term "preference relative" applies to certain other relatives of U.S. citizens and permanent residents. Preference relatives include: married and unmarried sons and/or daughters (over 21) of U.S. citizens; brothers and/or sisters of U.S. citizens. Also included as preference relatives are: spouses, minor children, and unmarried sons and/or daughters (over 21) of U.S. permanent residents. Preference relatives cannot obtain permanent residence until their priority dates are current.
Immediate relatives do not face waiting times for visa availability. Immediate relatives in the United States may qualify to file Form I-485 to adjust status. Preference relatives often face very long waiting times, due to strict annual limits on permanent immigration benefits. The length of the wait depends upon which family preference category is appropriate, as well as the country of origin.
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Requirements
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The sponsoring relative must file a petition (Form I-130) on behalf of the qualifying foreign national relative. If the relative is outside the U.S., the immigrant visa case will proceed via consular processing.
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Immediate relatives require an I-130 filing for each sponsored family member.
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Sufficient documentation of the qualifying family relationship must be provided.
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Family-based cases generally require an Affidavit of Support (I-864) and Self-Sufficiency Declaration (I-944).