US Permanent Residence (Green Cards)

Permanent residence (green cards) provides indefinite authorization to live and work in the US without employer restrictions. Pathways include employment-based categories, family sponsorship, diversity lottery, and humanitarian programs. Each category has specific requirements, numerical limits, and processing complexities.

Employment-Based Categories

Employment-based permanent residence requires employer sponsorship (except EB-1A and EB-2 National Interest Waiver, which are self-petitioned). The process typically involves labor certification (PERM), immigrant petition (I-140), and adjustment of status or consular processing.

EB-1 First Preference includes three subcategories: EB-1A (extraordinary ability, self-petitioned), EB-1B (outstanding researcher/professor), EB-1C (multinational manager/executive). EB-1 categories don't require labor certification (PERM), making them faster. Annual cap: ~40,000 plus unused family preference numbers.

EB-2 Second Preference requires advanced degree (master's or higher) or exceptional ability, plus a job offer requiring that qualification. Includes National Interest Waiver (NIW) allowing self-petition without employer sponsorship when the work benefits the US. Requires PERM labor certification (except NIW). Annual cap: ~40,000 plus unused EB-1 numbers.

EB-3 Third Preference covers professionals (bachelor's degree), skilled workers (2+ years training/experience), and unskilled workers. Requires PERM labor certification. Annual cap: ~40,000. Unskilled worker category has very long backlogs.

Priority dates determine when employment-based petitions can proceed to final approval. The priority date is the PERM filing date (or I-140 filing date if PERM not required). Visa Bulletin publishes monthly updates showing which priority dates are "current" (visas available). Country of birth matters—India and China face much longer backlogs than most countries due to high demand relative to per-country limits.

PERM labor certification requires employers to demonstrate no qualified US workers available through recruitment (job postings, advertisements) and documentation. Prevailing wage determination required. The process takes 6-12 months before I-140 petition can be filed. PERM denials require restarting the entire process.

I-140 immigrant petition establishes eligibility for the specific employment-based category. Premium processing (15 days) available for most categories. I-140 approval locks in the priority date even if the employer relationship ends (with portability rules).

Adjustment of status (I-485) is the final step when a priority date is current and the beneficiary is in the US. Consular processing is the alternative path for those outside the US. The entire process from PERM to green card typically takes 2-5 years for most categories, longer for EB-3 and countries with backlogs.

EB-1A extraordinary ability is self-petitioned, requires meeting at least 3 of 10 criteria similar to O-1 but with additional immigration-specific requirements. No employer or job offer needed. Premium processing available.

EB-1C multinational manager or executive requires one year of employment abroad as a manager or executive, then transfer to the US in a similar role. Often used by L-1A holders. No PERM required.

EB-2 National Interest Waiver allows self-petition when the work benefits the US national interest (research, healthcare in underserved areas, etc.). Requires advanced degree or exceptional ability plus demonstrating national importance, well-positioned to advance the field, and beneficial to waive job offer requirement.

Family-Based Categories

Family-based permanent residence requires a qualifying family relationship with a US citizen or permanent resident sponsor who meets income requirements.

Immediate relatives of US citizens (spouses, unmarried children under 21, parents of citizens 21+) have no numerical limits and no waiting periods. Processing typically 1-2 years.

Family preference categories are numerically limited with waiting periods: F1 (unmarried adult children of citizens), F2A (spouses/children of permanent residents), F2B (unmarried adult children of permanent residents), F3 (married children of citizens), F4 (siblings of citizens). Waiting periods vary by country and category, often 5-15+ years.

Petition process: US citizen or permanent resident files I-130 petition establishing the qualifying relationship. After approval and visa availability (based on priority date), beneficiary files for immigrant visa or adjustment of status.

Affidavit of support: Sponsors must demonstrate income at 125% of poverty guidelines (or 100% if sponsoring spouse/child) or provide a joint sponsor. This creates ongoing financial obligations even after the immigrant obtains permanent residence.

Common issues: Proving qualifying relationships through documentation (birth certificates, marriage certificates, adoption papers), meeting income requirements, understanding priority dates and waiting periods, and navigating the process when beneficiaries are outside the US.

Diversity Visa Lottery

DV Lottery provides 50,000 immigrant visas annually to individuals from countries with low US immigration rates. Selection is random by lottery. Requirements: high school education or 2 years work experience in qualifying occupations, and being from an eligible country (many countries don't qualify due to high immigration).

Process: Annual registration period (typically October-November), random selection, then lengthy processing if selected. High fraud risk and many applications don't result in visas due to selection odds and processing requirements.

Common issues: Scams (fraudulent "services" charging fees for free lottery), understanding selection doesn't guarantee a visa, and long processing times after selection.

Priority Date System

Priority dates determine when numerically limited immigrant petitions can proceed. The priority date is typically the filing date of the PERM (employment-based) or I-130 (family-based). Visa Bulletin publishes monthly updates showing which priority dates are current (visas available).

Retrogression occurs when demand exceeds supply and priority dates move backward, delaying approvals even after petitions are approved. Countries with high demand (India, China, Mexico, Philippines) face retrogression frequently.

Portability: I-140 portability allows changing employers after I-140 approval and I-485 pending 180+ days, if the new job is same or similar. This provides mobility but requires careful navigation.

Aging out: Children may "age out" and lose derivative status if they turn 21 before priority dates become current. Child Status Protection Act provides some protection if aging out occurs during processing.

For processing times, premium processing options, and detailed workflow information, see US Immigration Processes Primer.