If you’re a foreign national looking to get a green card, you need to understand the criteria. A green card is a legal document that lets you live and work in the United States.
There are several different kinds of green cards, including employment-based and family-based. Each has its own set of criteria that you must meet.
Employment-Based Green Card
An employment-based green card can be issued to a foreign national who has been hired by an American company or institution and will work in the United States for a specified period of time. The process of getting a green card through employer sponsorship is often more complex and lengthy than other immigration paths, but it is possible for some foreign nationals to obtain green cards in this way.
US employers can file petitions to sponsor foreign workers for green cards in one of five employment-based preference categories. These include first preference (EB-1), second preference (EB-2), third preference (EB-3), and fourth preference (EB-4).
Applicants for EB-1 and EB-2 must have an approved labor certification through the PERM process before they can apply for a green card. This is a very detailed and complex process that usually takes several years to complete.
If a foreign national has extraordinary ability in the sciences, arts, education, business, or athletics, they may qualify for an EB-1 green card. Similarly, outstanding professors and researchers may be eligible for an EB-2 green card.
The EB-2 green card category also has a National Interest Waiver option, which permits applicants to skip the labor certification process if it is determined that it would be in the country’s best interests to do so. This is a very popular visa for foreign nationals who are skilled in specific fields.
Employers who wish to sponsor an employee for a green card in the EB-4 or EB-5 categories must invest in a United States business, and create at least ten jobs. Moreover, they must have a business plan that shows how their investment will increase or preserve jobs in the United States.
Aside from investing in a business, the EB-4 or EB-5 categories also require that the foreign national be able to create jobs through investment in a region of the United States that has high unemployment rates. These investments can be either a direct investment in a business, or an investment in a regional center that has qualifying projects.
The process for obtaining an employment-based green card can be a long and complicated process, but it is worth the effort. Many foreign nationals find that this process allows them to continue to develop their career without having to leave the country. However, this requires an understanding of the nuances of the process and a willingness to devote the necessary resources for it.
Family-Based Green Card
The family-based green card is an immigration process that allows a foreign national to adjust their status to become a permanent resident of the United States. This process can be very complicated and if you are not familiar with it, it is advisable to consult an experienced immigration attorney before starting the process.
There are two types of family-based green cards: immediate relative and preference relative. Each has its own specific criteria, and you should be aware of them before you apply.
Immediate Relatives
People who qualify as immediate relatives are those who are legally married to a U.S. citizen, as well as widows and widowers of a U.S. citizen who were married to the citizen for at least two years and are applying for a green card within two years of their spouse’s death. Parents and children related through adoption may also qualify as immediate relatives.
Applicants in this category may be eligible for an unlimited number of visas (green cards). However, they will have to wait in line for a green card to be issued. This is because there are certain limits on the total amount of green cards that can be issued to each person per year, as well as a limit for each country.
These limits, combined with the high demand for green cards, means that many applicants will have to wait for years or even decades before they can get their green card. As of January 2018, there was a backlog of 3.9 million family preference visas waiting to be processed, and USCIS was only processing a fraction of these.
There is also a subcategory of family-based green cards called F-2A, which is reserved for spouses and unmarried children under 21 years of a U.S. citizen green card holder. This category faces long waiting times and is limited to 114,200 visas each year.
There is a similar category called F-3, which is for married sons and daughters of U.S. citizens who are also seeking a green card. There is also a subcategory for married sons and daughters of Green Card holders and their spouses, as well as for adoptive children. Take note that there will be a need for adjustment of status through marriage.
Investor Green Card
The investor green card is one of the most popular options for foreign nationals looking to immigrate to the United States. It offers many benefits for both the investor and his or her family, including the ability to live and work in the United States, as well as a wide range of opportunities to pursue education at world-class universities.
The EB-5 investor program was created in 1990 as a part of the Immigration and Nationality Act, with the intention of boosting the US economy by attracting investment from around the world. It allows foreign investors to obtain lawful permanent resident status (a green card) by investing in a qualifying EB-5 new commercial enterprise or a Targeted Employment Area (TEA).
To be eligible for an EB-5 investor visa, the investment must create at least 10 full-time jobs for U.S. workers, and the business must be located in a TEA or a rural location. In addition to this, the foreign investor must also provide evidence of acquiring their capital lawfully, such as earnings from legal employment, private businesses, stocks and bonds, inheritance, or a gift.
Once a foreign investor is granted an EB-5 green card, they can then move to the United States and begin living and working as they wish. They can even take their children to school in the United States, as long as they are under 21 years of age.
Unlike most other green cards, an investor can work anywhere in the United States and can also switch jobs as often as they want. Moreover, the investor and his or her children can apply for permanent resident status as well, which will allow them to live and work in the United States without needing a visa.
In addition, the EB-5 visa allows an investor to apply for citizenship in the United States after a period of five years. This allows them to become permanent residents of the United States and gain full rights as American citizens, including voting in federal elections.
The EB-5 program can be complicated, but a qualified immigration professional can guide you through the process and help you assemble all of the important documentation. Moreover, the EB-5 Regional Center program provides an option that can make the process much easier and faster for investors. These centers have been established to pool EB-5 funds from multiple investors and create larger projects that are more likely to be approved by the USCIS.
Other Green Card
Getting a Green Card is essential for living and working in the United States long-term. It can be used for employment, obtaining social security benefits, renewing a driver’s license and traveling outside the country.
Depending on the type of green card you apply for, you may be required to provide documents to prove your legal status and background. These include court orders, contracts, educational diplomas, and other legal documents that were issued in the United States. You must also have these documents authenticated by a document authentication agency, or the U.S. Embassy in the country where you live.
Family-based green cards are available to immediate relatives, including spouses, unmarried children under the age of 21, and parents of US citizens. The processing time for these types of green cards varies from case to case and can range from a few months to several years.
Job-based green cards are available to certain specialized workers, researchers, professors, and other professionals who receive first preference in the visa process. They must present evidence that they have an advanced degree or a high-level of skill in their field. In addition, they must present proof of their employer’s offer to hire them.
Investor green cards are offered to investors in companies that have created jobs in the United States or for individuals who invest in a particular industry. These immigrants must be able to demonstrate they will create new jobs in the U.S.
Other types of green cards are available to people who have faced persecution in their home countries based on religion, race, nationality, political opinion, or membership in a social group. These individuals can apply for a green card after one year of asylum in the United States.
Victims of domestic violence (battery or extreme cruelty) can also get a green card through the Violence Against Women Act, which allows victims to seek relief in the United States while still remaining in their home country. Their spouses, parents, and children will also be eligible for a green card as long as they meet the same criteria as the victim.