Green Card Application Process

Immigration through Employment  If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process.  First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.   Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration.   Third, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition.   Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin.   Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available.  If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.    There are four categories for granting permanent residence to foreign nationals based upon employment: EB-1 Priority workers Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics Foreign national that are outstanding professors or researchers Foreign nationals that are managers and executives subject to international transfer to the United States EB-2 Professionals with advanced degrees or persons with exceptional ability Foreign nationals of exceptional ability in the sciences, arts or business Foreign nationals that are advanced degree professionals EB-3 Skilled or professional workers Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category) Foreign national skilled workers (minimum two years training and experience) Foreign national unskilled workers EB-4 Special Immigrants Foreign national religious workers Employees and former employees of the U.S. Government abroad Back to Top

Immigration through a Family Member If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process. The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative, for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative. The Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number is available, it means you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin. If you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available to you, using Form I-485, Application to Register Permanent Residence or Adjust Status.   This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way to secure an immigrant visa number.  Your relative (sponsor) must prove that they can support you at 125% above the mandated poverty line, by using Form I-485, Affidavit of Support Under Section 213A of the Act. Back to Top

Immigration through Investment Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. §1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated "Regional Center". A "Regional Center:" Is an entity, organization or agency that has been approved as such by the Service; Focuses on a specific geographical area within the United States; and, Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment. "Alien investors" must: Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and, Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program. Eligibility Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested – or are actively in the process of investing – the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States. In general, "eligible individuals" include those: Who establish a new commercial enterprise by: creating an original business; purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a trouble business that has lost 20 percent of its net worth over the past 12 to 24 months; and Who have invested – or who are actively in the process of investing – in a new commercial enterprise: at least $1,000,000, or at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 percent of the national average rate or a rural area as designated by OMB; and Whose engagement in a new commercial enterprise will benefit the United States economy and: create full-time employment for not fewer than 10 qualified individuals; or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months. Back to Top

Asylum Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally. You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. For a non-exhaustive list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR § 208.4. You must apply for asylum within a reasonable time given those circumstances. You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.  Back to Top