Green Card

The main two categories are family and employer based Green cards. Although other categories exist such as the diversity visa program (Green card lottery) and refugee or asylum cases, we will focus on the main two categories in this article. For a list of all of the available green card categories you can visit the USCIS website.

Family-Sponsored Green Cards:

One of the most common ways to obtain a green card is through family sponsorship. If you have close relatives who are U.S. citizens or green card holders, they can sponsor you. Immediate relatives, including spouses, parents, and unmarried children under 21, are given priority and typically have shorter waiting times. Other family members, such as siblings and married adult children, may also be eligible, but they might face longer processing times.

Here is a list of the immediate relative preference categories

• First preference (F1) – unmarried sons and daughters (21 years of age and older) of U.S. citizens;
• Second preference (F2A) – spouses and children (unmarried and under 21 years of age) of lawful permanent residents;
• Second preference (F2B) – unmarried sons and daughters (21 years of age and older) of lawful permanent residents;
• Third preference (F3) – married sons and daughters of U.S. citizens; and
• Fourth preference (F4) – brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age and older).

The application process has two stages. The first stage involves the filing of the form I-130 with the USCIS. The date of your form submission is called your priority date. Below is a chart of October 2023 (latest info as of publication; the most up to date priority dates can be found on the Department of State’s Visa bulletin website.)

If the date of your I-130 submission was on the priority date listed or earlier, you may move forward to the second stage, the submission of additional documentation to the Department of State’s National Visa Center (NVC).

Employment-Based Green Cards:

Employment-based green cards are available to foreign workers with specialized skills, professionals, investors, and other individuals who have a legitimate job offer in the U.S. The employment-based preference categories are divided into five distinct groups, each with its own eligibility requirements and annual quotas. This route often involves obtaining a labor certification and sponsorship from a U.S. employer.

EB-1: Priority Workers:

The EB-1 category is reserved for individuals with extraordinary abilities in their field, outstanding professors and researchers, and multinational executives or managers. The “priority workers” in this category often do not need a specific job offer, and they can self-petition for their green cards.

• Extraordinary Ability (EB-1A): This subcategory is for individuals who have demonstrated exceptional expertise or recognition in fields like science, art, education, business, or athletics.

• Outstanding Professors and Researchers (EB-1B): It is designed for educators and researchers who have gained international recognition and intend to work in the United States.

• Multinational Executives and Managers (EB-1C): Multinational companies can transfer high-level executives and managers to their U.S. offices under this category.

EB-2: Advanced Degrees and Exceptional Ability:

The EB-2 category is for individuals with advanced degrees or those with exceptional abilities in their field. It generally requires a job offer and a labor certification (unless the applicant qualifies for a National Interest Waiver).

• Advanced Degree Professionals (EB-2A): This subcategory is for individuals with advanced degrees (master’s or higher) and a job offer in their field.

• Exceptional Ability (EB-2B): Individuals with exceptional ability in their field can apply for a green card if they have a job offer.

• National Interest Waiver (NIW): For those who can demonstrate that their work benefits the United States and is of “national interest,” a labor certification may be waived.

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

The EB-3 category is for skilled workers, professionals with bachelor’s degrees, and other workers (unskilled or low-skilled). A job offer, labor certification, and priority date are typically required.

• Skilled Workers (EB-3A): Skilled workers are those with at least two years of training or experience and a job offer in a position that requires their skills.

• Professionals (EB-3B): This category is for individuals with a U.S. bachelor’s degree (or its foreign equivalent) and a job offer in their field.

• Other Workers (EB-3C): Unskilled or low-skilled workers can qualify under this subcategory, with at least two years of work experience and a job offer.

EB-4: Special Immigrants:

The EB-4 category is designated for special immigrants who are involved in specific categories, such as religious workers, certain broadcasters, and employees of the U.S. government abroad.

EB-5: Immigrant Investors:

The EB-5 program (millionaire visa) is designed for foreign investors who are willing to invest a significant amount of capital into a U.S. business and create jobs for U.S. workers. There are several EB-5 investment options, including direct investments and investments through regional centers.

Acquiring a green card is a significant milestone on your journey to living and working in the United States. The process can be complex, but with the right guidance, you can make informed decisions and successfully secure lawful permanent residency. Contact us today to explore your options and take the first steps toward your American dream.

Disclaimer

The material in this post represents general information and should not be deemed legal advice. Any use of the website DOES NOT create or constitute an attorney-client relationship between German American Real Estate & Immigration Law Center, LLC (law firm) or any employee of or other person associated with the law firm and a user of this website. It is intended as an educational resource for
understanding the laws. Since the law is continually changing, some parts of this website may become outdated before the next update. It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.