Understanding Different Green Card Options for Your Situation

If you are exploring paths to permanent residency in the United States, understanding your green card options is a critical first step. The U.S. offers several pathways depending on your qualifications, employment situation, and family ties. In this post, we will break down the key categories: PERM EB-2 and EB-3, Family-Based Green Cards, EB-1, and EB-2 NIW (National Interest Waiver). Let's dive into what each option requires, and which one might be the best fit for you.

1. PERM EB-2 and EB-3 Green Cards

The PERM (Program Electronic Review Management) process is the first step for many employment-based green cards. This is primarily for individuals who receive a job offer from a U.S. employer. There are two primary categories under PERM: EB-2 and EB-3.

EB-2: This is for professionals with an advanced degree (master’s or higher) or individuals with exceptional ability in the sciences, arts, or business. The key requirement here is that the offered job must require an advanced degree, and the applicant must have the qualifications. This category tends to have a shorter waiting period compared to EB-3, especially for countries with heavy visa backlogs.

EB-3: This is for professionals, skilled workers, or unskilled workers. Professionals must have a U.S. bachelor’s degree or its equivalent. Skilled workers must have at least two years of job experience or training. Unskilled workers require less than 2 years of work experience or training to perform unskilled labor, but it tends to have longer waiting periods.

The key point of the PERM process is that the employer must demonstrate that no qualified U.S. workers are available for the position before hiring a foreign national. The PERM process starts with prevailing wage determination which can take many months and involves a labor market test, proving that hiring the foreign worker will not negatively impact the U.S. labor market.

Once the market test is complete, the employer may file a labor certificate (ETA-9089) to be approved by the Department of Labor. After PERM approval, the employer files an I-140 petition on the employee’s behalf. If the employee’s priority date is current on the visa bulletin, the employee may file a green card application (I-485) concurrently with the I-140.

As of October 2024, both EB-2 and EB-3 categories are not current on the visa bulletin.

2. Family-Based Green Card

For those with close family members who are U.S. citizens or permanent residents, the family-based green card is a direct path to permanent residency.

Immediate Relatives: This category includes spouses, unmarried children under 21, and parents of U.S. citizens. There are no annual limits on the number of green cards available for immediate relatives, making it one of the faster family-based options.

Preference Categories: If you're not an immediate relative, your path might fall under one of the family preference categories, such as spouses of permanent residents, siblings of U.S. citizens, married children, or adult children of citizens and permanent residents. These categories are subject to annual visa limits, which can result in longer wait times, especially for applicants from countries with high demand. The family-based green card process involves the U.S. citizen or permanent resident petitioning for their relative through Form I-130, followed by the adjustment of status (inside the U.S.) or consular processing (overseas).

3. EB-1 Green Card (Employment-Based First Preference)

The EB-1 category is for individuals with extraordinary abilities or those who is at the top of their field. It is divided into three subcategories:

EB-1A: For individuals with extraordinary abilities in sciences, arts, education, business, or athletics. This category does not require a job offer or employer sponsorship, but beneficiaries must provide evidence of sustained national or international acclaim and that they intend to continue working in their field of expertise.

EB-1B: For outstanding professors or researchers. Beneficiaries must have at least three years of experience in teaching or research in their field and must be recognized internationally. A permanent job offer from a U.S. institution is required.

EB-1C: For multinational executives or managers who have been employed for at least one year by a company outside the U.S. and are being transferred to a managerial or executive position in the U.S.

This category is highly competitive, but if you qualify, it offers the benefit of faster processing and no PERM labor certification requirement.

4. EB-2 NIW (National Interest Waiver)

The EB-2 National Interest Waiver is a special subcategory under the EB-2 category that waives the requirement for a job offer or PERM labor certification if the applicant’s work is deemed to be in the national interest of the U.S.

Who Qualifies: Professionals with an advanced degree or individuals with exceptional ability may apply for the NIW if they can demonstrate that their work has substantial merit and is of national importance. They must also show that waiving the job offer and labor certification requirements would benefit the U.S. more than enforcing them.

Key Benefits: Unlike the standard EB-2 process, the NIW allows individuals to self-petition, meaning you do not need a U.S. employer to sponsor your green card application and labor certification. This option is especially attractive to researchers, scientists, entrepreneurs, and other professionals whose work has significant potential impact on public health, national security, or economic competitiveness.

5. Green Card Applications and Translation

Please note that USCIS requires all submitted documents to be in English. This means that any foreign documents must be translated into English and accompanied by a certified translation. USCIS will not accept evidence without a proper English translation, so it is essential to ensure that every document you submit for your green card process is accurately translated and certified.

Conclusion

Whichever green card option you choose, it is important to work with an experienced immigration attorney to navigate the complexities of U.S. immigration law and maximize your chances of success. Understanding your green card options is just the first step toward building a future in the United States.