A Green Card may be obtained through employment (Employment-Based immigration or “EB”, prioritized EB-1, EB-2, EB-3, EB-4 and EB-5) or Immediate Relative Green Card sponsorship (Family-Based immigration or FB, also prioritized into categories).
Family Based Green Cards
Employment Based Green Cards
The EB1 Extraordinary Ability Green Card (also referred to as EB1-1, or EB1-A) is a permanent visa option for individuals in the arts, sciences, education, business or athletics who can demonstrate sustained acclaim at the “very top” of their field of endeavor. more »
The EB1 Multinational Executive or Manager Green Card category is for mid- to high-level executives or managers who are transferred from outside the US to an affiliated company in the US, and who meet certain other requirements. more »
EB1 Outstanding Professor or Researcher Green Card candidates who can demonstrate professional achievements significantly higher than others in their fields of expertise may be granted a waiver of the PERM Labor Certification requirement for the green card application. However, this EB1 green card category–unlike the EB1 Extraordinary Ability category–requires an offer of employment from a US employer. more »
Below is a FAQ on one entrepreneur visa option, the Employment Based Second Preference (EB2) Immigrant Visa category known as the National Interest Waiver (NIW). USCIS has stated that it is broadening its interpretations of the National Interest Waiver to accommodate entrepreneurs who want to build businesses and create jobs in the US, since entrepreneur visa options are often limited for a variety of reasons. more »
The National Interest Waiver (NIW) green card may be an option for members of the professions holding an advanced degree or its equivalent, or individuals with Exceptional Ability in the Sciences, Arts or Business who can show that their work is in the national interest.
On December 27, 2016, the Administrative Appeals Office (AAO) of USCIS set forth a new framework for assessment of the merits of a National Interest Waiver (NIW) petition.
PERM (Program Electronic Review Management), initiated in 2005 by the US Department of Labor, is the most common program through which an employer can sponsor an employee for a green card. more »
Family Based Green Cards
Obtaining a marriage-based green card is one of the fastest ways to obtain Lawful Permanent Resident (LPR) status in the United States. Same-sex spouses are now eligible for this process on the same basis as opposite sex spouses. more »
This Same-Sex Marriage Immigration FAQ addresses same-sex marriage immigration issues following the US Supreme Court’s decision of June 26, 2013, in United States v. Windsor striking down a major provision of the 1996 Defense of Marriage Act (DOMA). Following this decision, same-sex couples can file a marriage-based green card petition on behalf of a non-US spouse on the same basis as opposite-sex couples. Note that the US immigration law is extremely complex, and each person’s case is different from every other. So we can’t cover all contingencies, but this FAQ provides general information about the marriage-based green card process. more »
Also in Green Cards
- Revised October 2015 Visa Bulletin and Revised Procedures to Determine Visa Availability
- I-Squared Act of 2015 (Immigration Innovation Act of 2015, or I-2)
- US Immigration Executive Action 2014: Announcement
- DOS Info for US Citizens Considering the Use of Assisted Reproductive Technology (ART) Abroad
- USCIS Same-Sex Marriage FAQ Update
- J-1 Waiver
- What Is Dual Intent?
- Affidavit of Support Form I-864
- Immigration Glossary
- Immigration Penalties: Employers