PERMANENT RESIDENCE (“GREEN CARD”)
Obtaining a “Green Card” (which is no longer green in color) refers to attainment of U.S. Lawful Permanent Resident (LPR) status. In most cases, there are several steps in obtaining LPR status, including adjudication of an application by U.S. Citizenship and Immigration Services (USCIS, formerly INS) and the availability of an immigrant visa as determined by the U.S. Department of State. The four most common ways people obtain LPR status are through family-based petitions, employment-based petitions, the diversity visa lottery and EB-5 investment immigration.
Family-Based Categories
U.S.citizens and lawful permanent residents may sponsor relatives who are eligible for immigrant visas in one of five preference categories. The U.S.government limits the number of visas available by category and nationality, often resulting in long waiting lists. For instance, the first preference category is for immediate relatives of U.S. citizens. U.S. citizens wishing to sponsor a relative must prove they meet financial support guidelines. The sponsor’s employer may play a limited role in confirming his or her employment and current salary. The sponsor files an application with the USCIS office located in the jurisdiction covering the applicant’s residence. Some beneficiaries of such applications may be eligible for work and travel authorization while the application is pending.
For more information about immigration through a family member, see the USCIS website.
Employment-Based Categories
Most employment-based Green Card applications consist of three stages:
- PERM Labor Certification Application filed with the Department of Labor by the employer after testing the regional labor market to demonstrate that there are no U.S. workers available to take the position;
- I-140 Immigrant Visa petition filed with USCIS by the employer; and
- Application for Adjustment of Status through USCIS for those already in the U.S. or Consular Processing of the immigrant visa at aU.S. consulate overseas.
Processing times for each stage vary and are often based on the individual’s place of employment within the United States.
Individuals who qualify under designated “priority worker” categories such as Aliens of Extraordinary Ability, Outstanding Researchers, Aliens of Exceptional Ability, or Multinational Managers can avoid the labor certification process.
- Aliens of Extraordinary Ability must demonstrate that they have risen to the top of their field, through: nationally or internationally recognized prizes/awards, contributions of major significance to the field, authorship of scholarly articles, leading or critical role for organizations of distinguished reputation, high salary, etc.
- Outstanding Researchers must submit evidence of three years of related research experience, and evidence that they are internationally recognized as outstanding (major academic prizes/awards, participation as a judge of the work of others, original scientific or scholarly research, authorship of scholarly books or articles, etc.)
- Multinational Managers must demonstrate they worked as a manager with the company’s related entity abroad for twelve months prior to their transfer as a manager to the U.S.
Diversity Visa Program – “Lottery”
Individuals from countries with low rates of immigration to the U.S. may qualify for the Diversity Visa Program, which fosters immigration from such underrepresented areas. Each year, the U.S. Department of State holds a lottery and grants immigrant visas to eligible applicants and their families to live and work permanently in the United States.
Click here for more information about the 2011 Annual Diversity Visa Lottery.
For more information on seeking Permanent Residence, including Diversity Visa Program information, see the USCIS website.
EB-5 Investment Immigration
Click here for more information about EB-5 investment immigration.
Important: The information provided herein is for informational purposes only. This information does not constitute legal advice, nor should it take the place of independent legal counsel. As immigration laws are complex and ever changing, we recommend that you consult counsel before taking action in any particular case.
