WHAT IS A GREEN CARD?
A green card, officially known as a Permanent Resident Card, is an immigration document that allows a foreign national to live and work permanently in the United States. The card is green in color, hence the informal term “green card.” Obtaining a green card is typically a multi-step process, and there are various ways to qualify for one.
Some common paths include family sponsorship, employment sponsorship, refugee or asylee status, and the Diversity Visa Lottery Program.
Once someone has a green card, they enjoy many of the rights and privileges of U.S. citizens, such as the ability to work and live anywhere in the country. However, green card holders do not have the right to vote in federal elections. They must also fulfill certain residency requirements to maintain their permanent resident status.
A full list of Green Card categories can be found here: https://www.uscis.gov/green-card/green-card-eligibility-categories
EB-1A, EB-1B, and EB-1C
Priority Workers (EB-1): The EB-1 category refers to the Employment-Based First Preference category for green cards in the United States. This category is divided into three subcategories:
The EB-1A (Employment-Based First Preference, Category A) is a specific type of employment-based immigration category in the United States that allows individuals with extraordinary ability in their field to obtain a green card. This category is designed for individuals who have demonstrated a level of expertise and recognition significantly above that ordinarily encountered in their respective fields.To qualify for an EB-1A green card, an individual must meet certain criteria, typically demonstrating extraordinary ability in one of the following categories:
- Sciences, Arts, Education, Business, or Athletics: The individual must show sustained national or international acclaim and recognition for achievements in their field.
- Outstanding Researchers/Professors: This category is also part of the EB-1 preference, and it is for individuals who have demonstrated international recognition for outstanding achievements in a particular academic field.
The process of obtaining an EB-1A green card involves submitting a comprehensive petition with evidence of the individual’s extraordinary ability. This evidence may include achievements such as major awards, significant contributions to their field, a record of scholarly publications, and letters of recommendation from experts in the field.
It’s important to note that the bar for qualifying under the EB-1A category is very high, and the application process can be complex. Many individuals seeking an EB-1A green card seek legal advice to navigate the process successfully. Additionally, the availability of visas in this category is subject to annual limits, so applicants should be aware of potential backlogs.
The EB-1B (Employment-Based First Preference, Category B) is another employment-based immigration category in the United States. This category is specifically designed for Outstanding Professors and Researchers. To qualify for an EB-1B green card, an individual must demonstrate international recognition for their outstanding achievements in a particular academic field. Key requirements for the EB-1B category include:
- International Recognition: The individual must have a record of outstanding achievements and international recognition in their academic field.
- At Least Three Years of Experience: The applicant must have at least three years of teaching or research experience in their academic field.
- Offer of Employment: The individual must have a job offer for a tenured or tenure-track teaching or a comparable research position at a university or institution of higher education, or for a comparable position with a private employer.
Similar to the EB-1A category, the EB-1B category requires the submission of a comprehensive petition with evidence of the individual’s achievements and qualifications. This may include documentation of scholarly publications, significant contributions to the field, letters of recommendation from experts, and other supporting materials. It’s important to note that the EB-1B category is subject to annual limits, and individuals applying in this category should be aware of potential visa backlogs.
The EB-1C (Employment-Based First Preference, Category C) is an employment-based immigrant visa category in the United States designed for multinational managers or executives. This category is for individuals who have been employed abroad in a managerial or executive capacity by a qualifying multinational company and are being transferred to a U.S. office of the same company. Key requirements for the EB-1C category include:
- Qualifying Relationship: There must be a qualifying relationship between the foreign employer and the U.S. employer. Typically, this involves the U.S. entity being a subsidiary, affiliate, or branch of the foreign company, and both entities must continue to operate during the transfer.
- Employment Abroad: The individual must have been employed abroad for at least one continuous year within the three years preceding their admission to the U.S.
- Managerial or Executive Capacity: The individual must have been employed in a managerial or executive capacity, and the position in the U.S. must also be managerial or executive.
- Transfer to a U.S. Office: The individual must be coming to the U.S. to work in a managerial or executive capacity for the same employer, or a subsidiary or affiliate of the employer, that employed them abroad.
Similar to other employment-based green card categories, the EB-1C process involves the submission of a petition, typically by the U.S. employer, providing evidence of the individual’s qualifications, the qualifying relationship between the U.S. and foreign entities, and other required documentation.
It’s important to note that the EB-1C category is designed for multinational managers and executives and is distinct from other employment-based categories, such as the EB-2 and EB-3 preference categories, which have different eligibility criteria.
EB-2 Advanced Degree Professionals, Exceptional Ability and National Interest Waivers
Advanced Degree and Exceptional Ability (EB-2): The Employment-Based Second Preference (EB-2) category for green cards in the United States includes two subcategories: Advanced Degree Professionals and Individuals with Exceptional Ability.
The EB-2 National Interest Waiver (NIW) is a special type of employment-based immigration category within the United States that allows certain foreign nationals to apply for a green card (permanent residency) without the need for a specific job offer or labor certification, provided their work is determined to be in the national interest of the United States. This is significant because in typical employment-based green card categories, the employer must go through the labor certification process to demonstrate that there are no qualified U.S. workers available for the position. Here are key features of the EB-2 National Interest Waiver:
- Eligibility Criteria: To qualify for the National Interest Waiver, the foreign national must have an advanced degree or exceptional ability in their field (arts, sciences, business, education, or athletics).
The individual must demonstrate that their work is of “substantial intrinsic merit” and that it benefits the United States to a degree that outweighs the national interest served by the labor certification process.
- Work in the National Interest – applicant must show that their work is in the national interest by meeting at least one of the following criteria:
- Advanced degree professionals or individuals with exceptional ability must demonstrate that their work benefits the U.S. economy, cultural or educational interests, or welfare of the nation; or
- Individuals with exceptional ability in the sciences, arts, or business must show that their work benefits the national interest to a substantial degree.
- Self-Petitioning: Unlike many other employment-based green card categories, individuals applying for an EB-2 National Interest Waiver can self-petition. They do not need a specific job offer or employer sponsorship. The applicant directly files Form I-140 (no PERM labor certification required) with the U.S. Citizenship and Immigration Services (USCIS) to request the National Interest Waiver.
- Adjustment of Status or Consular Processing: Once the I-140 petition is approved, the foreign national can proceed to apply for adjustment of status if they are already in the U.S., or go through consular processing if they are outside the U.S.
Obtaining an EB-2 National Interest Waiver can be a complex process, and applicants are often advised to seek legal advice to ensure that they meet the eligibility criteria and properly document their contributions to the national interest. As immigration policies can change, it’s advisable to consult with an immigration attorney or check with the relevant government agencies for the latest information.
- Employment Abroad: The individual must have been employed abroad for at least one continuous year within the three years preceding their admission to the U.S.
- Managerial or Executive Capacity: The individual must have been employed in a managerial or executive capacity, and the position in the U.S. must also be managerial or executive.
- Transfer to a U.S. Office: The individual must be coming to the U.S. to work in a managerial or executive capacity for the same employer, or a subsidiary or affiliate of the employer, that employed them abroad.
Similar to other employment-based green card categories, the EB-1C process involves the submission of a petition, typically by the U.S. employer, providing evidence of the individual’s qualifications, the qualifying relationship between the U.S. and foreign entities, and other required documentation.
It’s important to note that the EB-1C category is designed for multinational managers and executives and is distinct from other employment-based categories, such as the EB-2 and EB-3 preference categories, which have different eligibility criteria.
An EB-2 Physician National Interest Waiver (PNIW) allows a foreign physician to self-petition for a green card by waiving the labor certification (PERM) requirement, provided they agree to practice full-time clinical medicine in a federally designated underserved area (HPSA, MUA, or VA facility) for an aggregate of five years. The physician must hold an advanced degree (MD or foreign equivalent) and obtain a public interest attestation from a federal agency (such as HHS or the VA) or a state department of health confirming that their service is in the public interest. Qualifying service generally must be completed within a six-year window, and time spent in J-1 waiver service can count toward the five-year requirement. The I-485 adjustment of status cannot be approved until the five-year service obligation is fulfilled and documented, though the physician can typically file concurrently or after the I-140 and remain in the U.S. with work authorization in the meantime. PNIW is governed by INA 203(b)(2)(B)(ii) and 8 C.F.R. 204.12, and is distinct from the standard EB-2 NIW Dhanasar framework used for non-physician petitioners.
This subcategory is for individuals with advanced degrees (master’s degrees or higher) or exceptional abilities in their field. The applicant must have a job offer for a position that requires an advanced degree (or its equivalent) and must possess the advanced degree or show exceptional ability in their field.
Exceptional ability in this context generally refers to a degree of expertise significantly above that normally encountered in the field.
Labor certification is typically required, and the employer must file a Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee.
Exceptional ability in this context generally refers to a degree of expertise significantly above that normally encountered in the field.
Labor certification is typically required, and the employer must file a Form I-140, Immigrant Petition for Alien Worker, on behalf of the employee.
To qualify for an EB-1A green card, an individual must meet certain criteria, typically demonstrating extraordinary ability in one of the following categories:
- Sciences, Arts, Education, Business, or Athletics: The individual must show sustained national or international acclaim and recognition for achievements in their field.
- Outstanding Researchers/Professors: This category is also part of the EB-1 preference, and it is for individuals who have demonstrated international recognition for outstanding achievements in a particular academic field.
The process of obtaining an EB-1A green card involves submitting a comprehensive petition with evidence of the individual’s extraordinary ability. This evidence may include achievements such as major awards, significant contributions to their field, a record of scholarly publications, and letters of recommendation from experts in the field.
It’s important to note that the bar for qualifying under the EB-1A category is very high, and the application process can be complex. Many individuals seeking an EB-1A green card seek legal advice to navigate the process successfully. Additionally, the availability of visas in this category is subject to annual limits, so applicants should be aware of potential backlogs.
This subcategory is for individuals with exceptional ability in their field. To qualify, the individual must have a degree of expertise significantly above that normally encountered in the field, as demonstrated by sustained national or international acclaim.
Similar to the EB-2(A) category, labor certification is usually required, and the employer must file an immigrant petition on behalf of the employee. Both subcategories of the EB-2 category are employment-based and require employer sponsorship. Additionally, applicants may self-petition in certain circumstances, particularly in the case of individuals with exceptional ability (EB-2B). The application process involves filing a Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).
It’s important to note that the availability of EB-2 green cards is subject to numerical limitations, and individuals from certain countries may face visa backlogs. The priority date, which is the date the USCIS receives the Form I-140 petition, becomes crucial in determining when an individual can move forward with the final stages of the green card process.
- International Recognition: The individual must have a record of outstanding achievements and international recognition in their academic field.
- At Least Three Years of Experience: The applicant must have at least three years of teaching or research experience in their academic field.
- Offer of Employment: The individual must have a job offer for a tenured or tenure-track teaching or a comparable research position at a university or institution of higher education, or for a comparable position with a private employer.
Similar to the EB-1A category, the EB-1B category requires the submission of a comprehensive petition with evidence of the individual’s achievements and qualifications. This may include documentation of scholarly publications, significant contributions to the field, letters of recommendation from experts, and other supporting materials. It’s important to note that the EB-1B category is subject to annual limits, and individuals applying in this category should be aware of potential visa backlogs.
EB-3 - Skilled Workers, Professionals, and Other Workers
There are three subcategories within the EB-3 green card category:
EB-3(A) Skilled Workers: This subcategory is for individuals with a job offer requiring at least two years of training or work experience. The position must not be temporary or seasonal.
EB-3(B) Professionals: This subcategory is for individuals with a U.S. bachelor’s degree or a foreign equivalent degree. The job offered must require at least a bachelor’s degree or its equivalent.
EB-3(C) Other Workers: This subcategory is for individuals performing unskilled labor that requires less than two years of training or experience.
The process for obtaining an EB-3 green card generally involves the following steps:
- Labor Certification (PERM)
- Form I-140 Petition: After obtaining the labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Once the I-140 petition is approved, the foreign worker must wait for a visa number to become available. The availability of visa numbers is subject to annual limits.
- Adjustment of Status or Consular Processing: Once a visa number becomes available, the foreign worker can either apply for adjustment of status if they are already in the U.S., or go through consular processing if they are outside the U.S.
The EB-3 category is subject to numerical limitations, and individuals from certain countries may face visa backlogs. The availability of visa numbers is determined by the U.S. Department of State’s Visa Bulletin.
EB-5: Investor Green Card
All EB-5 investors must invest in a new commercial enterprise that was established:
- After Nov. 29, 1990; or
- On or before Nov. 29, 1990, that was:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
- Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.
A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:
- A sole proprietorship;
- Partnership (whether limited or general);
- Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
- Joint venture;
- Corporation;
- Business trust;
- Limited liability company; or
- Other entity, which may be publicly or privately owned.
This definition does not include noncommercial activity, such as owning and operating a personal residence.
- Investment Requirement: To qualify for the EB-5 program, a foreign investor must make a qualifying investment in a new commercial enterprise. The required investment amount depends on the location of the investment. Generally, the minimum investment is $1.05 million. For investments made in a targeted employment area (TEA), which includes rural areas or areas with high unemployment, the minimum investment is reduced to $800,000.
- Job Creation Requirement: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.
- Types of Investments: Investments can take various forms, including the creation of a new business, expansion of an existing business, or investment in a troubled business. The investment must lead to the creation of new jobs or the preservation of existing jobs.
- Conditional Permanent Residency: Initially, successful EB-5 applicants receive conditional permanent residency, valid for two years.
- Removal of Conditions: After two years, the investor must file a petition to remove the conditions on their permanent residency by demonstrating that the required jobs have been created or preserved.
- Path to Citizenship: Once the conditions are removed, the investor and their eligible family members can apply for permanent residency without conditions. Subsequently, they may pursue U.S. citizenship through the naturalization process.
The EB-5 program has been subject to periodic changes and updates in its requirements, and potential investors should stay informed about the latest regulations. Additionally, the program has undergone discussions for reform in the past. Investors considering the EB-5 program are often advised to seek legal guidance to navigate the complex requirements and ensure compliance with the latest regulations.
See USCIS Guidance here: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
The EB-5 visa is an employment-based immigrant visa program in the United States that provides a path to lawful permanent residency (green card) for foreign investors who make a significant investment in a new commercial enterprise that creates jobs for U.S. workers. The EB-5 program is administered by U.S. Citizenship and Immigration Services (USCIS).
The EB-5 Investor Visa Program allows individuals to obtain Lawful Permanent Residency (a Green Card) by investing at least $800,000 into qualifying projects that stimulate the U.S. economy. The EB-5 Regional Center Program was implemented in 1992, and since then, more than 100,000 individuals have obtained their Green Cards through this program. However, the EB-5 Regional Center Program is not permanent; it was last renewed in March 2022 and will sunset (expire) on September 30th, 2027. After that, Congress will need to vote again to extend the program or it will cease to exist. The current EB-5 law states that investors who file their EB-5 petitions by September 30th, 2026, are afforded grandfathering protection. This means they may complete the immigration process even if the Regional Center Program is not renewed.
Investors who file their petitions after that date will not be eligible for Grandfathering Protection.
Upcoming EB-5 Statutory Deadlines:
September 30, 2026: Last Day to File with Grandfathering Protection
January 1, 2027: Minimum Investment $$ Increases (Automatic Recalculation for Inflation)
September 30, 2027: The EB-5 Regional Program Sunsets
It usually takes 1-3 months to prepare and file a high- quality EB-5 petition.
If you believe this program might be right for you, I recommend scheduling a consultation to assess your eligibility and determine whether filing an EB-5 petition (Form I-526E) before September 30th, 2026, is appropriate for your situation.
Green Card Categories We Handle
Each permanent residence path has its own requirements and timeline:
PERM Labor Certification
PERM (Program Electronic Review Management) is the labor certification process administered by the Department of Labor that most employment-based green card petitions in the EB-2 and EB-3 categories must complete before the employer can file an I-140 with USCIS. The employer must obtain a prevailing wage determination from the National Prevailing Wage Center, conduct a series of mandatory recruitment steps (including a State Workforce Agency job order, two Sunday newspaper ads, and additional recruitment for professional positions) to test the U.S. labor market, and document that no qualified, willing, and available U.S. worker was found for the position. The employer, not the foreign worker, is the petitioner and must pay all PERM-related costs, including attorney fees and advertising.
Here’s an overview of the PERM labor certification process:
- Prevailing Wage Determination: Before filing the PERM application, the employer must obtain a prevailing wage determination from the U.S. Department of Labor (DOL). This determination establishes the minimum wage that must be offered to the foreign worker.
- Job Advertisement and Recruitment: Before filing a PERM application, the employer must conduct a series of recruitment efforts to test the U.S. labor market and determine if there are qualified U.S. workers available for the position. Recruitment efforts may include placing job ads in newspapers, using the employer’s website, and conducting job fairs.
- PERM Application Filing: The employer files a PERM application with the DOL, providing detailed information about the job requirements, recruitment efforts, and the qualifications of the foreign worker. The goal is to demonstrate that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect U.S. workers.
- Department of Labor (DOL) Processing: The DOL reviews the PERM application to ensure that it complies with regulatory requirements. If the DOL approves the application, the employer can proceed with the next steps in the employment-based green card process.
It’s important to note that the PERM labor certification process is a critical component of the green card application process for certain employment-based categories, and it is designed to protect the job opportunities and wages of U.S. workers. Employers and foreign workers should work closely with immigration attorneys to navigate the PERM process successfully and proceed with the subsequent stages of the green card application.
