Immigration Law

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Green Card

What is a green card?

A green card (officially called a permanent Resident Card) is an identification card issued by the U.S. government that allows a non-U.S. citizen to live, study and work permanently in the Unite States. It’s often a step toward U.S. citizenship.

Benefits of having a green card?

Benefits on having a green card are significant. It grants green card holders the right to live and work anywhere in the U.S. for any employer, travel more freely in and out of the U.S., apply for U.S. citizenship after meeting certain residency requirements, moreover, they can sponsor immediate family members for green cards, providing opportunities for family reunification and long-term stability in the United States.

Pathways to obtain a green card

Family-based immigration (through close relatives who are U.S. citizens or Green card holders)

  • Immediate relatives of U.S.citizens (Spouse, unmarried children under 21, parent if the citizen is over 21)

  • Other family members (siblings, married children) fall into preference categories with longer waits)

  • Related forms and categories (I-130, I-485, K-1 Finance visa, F1, F2A, etc)

Employment-based immigration (through U.S. job offers or self-petition),

  • Extraordinary abilities in art, science, business, athletics, etc (EB-1)

  • Outstanding professors or researchers

  • Multinational managers/executives

  • National Interest Waiver (NIW) with no job offer needed (EB-2)

  • Skilled workers, Professionals, and other workers requires labor certification and a permanent job offer (EB-3)

  • Religious workers, U.S. government employees abroad, Special Immigrant Juveniles, etc (EB-4)

Investment (through business investments in U.S. to create jobs)

  • Invest $800,000—$1,050,000 in a U.S. business creating at least 10 jobs (EB-5)

Diversity Visa Lottery (through granted visas to individuals by lottery)

  • Annual lottery program for nationals of countries with low U.S. immigration rates

  • About 55,000 visas available per year

  • Selection is random, but winners must meet education/work criteria/legal status and background checks

Refugee or Asylee status (through granted protection due to persecution or fear of persecution)

  • Refugees: Apply from outside the U.S.

  • Asylees: Apply from within the U.S. after being granted asylum

  • Eligible to apply for a green card after 1 year of refugee/asylee status

Marriage to a U.S. citizen (through legal marriage)

  • Must prove the marriage is bona fide—real relationship, not for immigration benefits

  • Can apply for adjustment of status (From I-485) concurrently with Form I-130 if already in the U.S.

  • Initially receive a 2-year conditional green card, then file to remove conditions after 2 years

Special categories (through special programs or humanitarian pathways)

  • Victims of certain crimes who assist law enforcement (U visa)

  • Victims of human trafficking (T visa)

  • Special Immigrant Juvenile Status for minors abused, abandoned, or neglected by parents (SIJS)

How to apply for a green card?

Applying for a U.S. green card (lawful permanent residence) involves several steps — but the exact process depends on which pathway you’re eligible under (family, employment, asylum, lottery, etc.).

Here’s a step-by-step guide that applies to most green card categories, plus notes on variations depending on your situation:

Step 1: Determine Your Eligibility

  • Before applying, you must identify which category fits your situation (family, employment, or asylee, etc)

Step 2: File the Petition

  • In most cases, someone must sponsor you by filing a petition with U.S. Citizenship and Immigration Services (USCIS)

  • Forms vary based on categories applicable (e.g., I-130 for family-based, I-140 for employment-based, I-526 for investor, I-589 for asylum)

Step 3: Apply for a Green Card

  • After your petition is approved and a visa is available for your category, you can apply for your green card

  • If you are already in the U.S., you file Form I-485 (Adjustment of Status)

  • If you are outside the U.S., you go through consular processing — complete your visa application with Form DS-260 at a U.S. embassy or consulate in your home country

Step 4: Attend the Interview

  • Once your application is processed, you will be scheduled for an interview at a USCIS office (if in the U.S.) or at a U.S. embassy or consulate (if abroad)

  • After the interview, you may receive a decision or further instructions

Step 5: Receive a decision and green card

  • If approved, you will receive your green card in the mail (if in the U.S.)

  • Or an immigration visa that allows you to enter the U.S. as a permanent resident (if abroad)

PERM

What is PERM?

PERM (Program Electronic Review Management) is the system used by the U.S. Department of Labor (DOL) to process labor certifications — the first step for most employers sponsoring a foreign worker for a Green Card. It ensures that hiring a foreign worker won’t harm U.S. workers by confirming there are no qualified, available, or willing U.S. candidates for the job.

The PERM Process

The PERM process, managed through the Foreign Labor Application Gateway (FLAG), is completed entirely by the employer.

It involves four key steps:

Prevailing Wage Determination: The employer requests the average wage for similar U.S. jobs in the area to ensure hiring a foreign worker won’t lower local wages.

Recruitment Campaign: The employer must advertise the job to test the labor market — including a 30-day State Workforce Agency posting, two Sunday newspaper ads, and, for professional roles, three additional recruitment methods (e.g., job fairs or company website).

Filing ETA Form 9089: After a 30-day waiting period, the employer files this form with the DOL, confirming all recruitment steps were followed and no qualified U.S. worker was found.

Certification Review: The DOL then reviews the application, which may be certified, denied, or audited — with audits often extending processing time.

Work Visas

Purpose of work visas?

The main purpose of a work visa is to let U.S. employers hire foreign workers to fill positions that require specialized skills, education, or experience not easily found among local candidates. Work visas can be nonimmigrant (temporary) or immigrant (leading to a Green Card).

What is a work visa?

A work visa is an official authorization that allows a foreign national to enter, live, and work temporarily in the United States for a specific employer, job type, or period of time.

Types of Work Visas

H-1B Visa: For professionals in specialty occupations (like IT, engineering, or finance) that require a bachelor’s degree or higher.

  • It allows U.S. employers to hire foreign professionals to work in specialty occupations that require theoretical or technical expertise in specialized fields such as information technology, engineering, mathematics, medicine, finance, and more

  • Subject to annual cap and lottery system

  • Your employer files petition for you

  • The visa holder can live and work in the U.S. for a set period (3 to 6 years), and

  • May bring certain family members (spouse and children under 21) on H-4 dependent visas

  • Pathway to permanent residency if the employer sponsors you later

  • Ability to transfer your visa to another employer (with new petition)

  • Pathway to permanent residency

L-1 Visa: For intra-company transferees (employees of multinational companies transferred to a U.S. branch)

  • It allows a U.S. employer to transfer an executive, manager, or specialized knowledge employee from one of its foreign offices to a U.S. office

  • The visa holder’s spouse and children under 21 can accompany them under the L-2 visa, and spouses may apply for work authorization

  • The employee must have worked for the foreign company for at least one continuous year in the past three years

  • The employee must be coming to the U.S. to work in an executive, managerial, or specialized knowledge capacity

  • Pathway to permanent residency

O-1 Visa: For individuals with extraordinary ability in science, arts, education, business, or athletics

  • It is typically granted to people who are internationally or nationally recognized

  • Have a U.S. employer or agent sponsor you by filing Form I-129 with USCIS

  • The visa holder’s support staff or family may also come along under O-2/O-3 visas

  • Pathway to permanent residency

E-2 Visa: For investors or entrepreneurs from treaty countries who invest a substantial amount in a U.S. business

  • Must be a citizen of a country that has an E-2 treaty with the U.S. (e.g., Canada, U.K., Japan, South Korea, most of the EU — not India or China)

  • Non-immigration visa but can be renewed indefinitely

  • Not directly lead to permanent residency

U.S. Citizenship

U.S. citizenship is the highest legal status a person can have in the United States. It grants full rights and responsibilities under U.S. law — including the right to vote, obtain a U.S. passport, live permanently in the country without immigration restrictions, protection from deportation, eligibility to federal jobs, government grants, and scholarships, ability to sponsor family members (spouse, children, parents, siblings) for Green Cards with shorter wait times, and civic participation, such as running for public office (except President or Vice President).

Pathways to U.S. Citizenship

Citizenship by Birth

  • Anyone born in the United States or its territories automatically becomes a U.S. citizen

  • Children born abroad to U.S. citizen parents may also acquire citizenship at birth under specific conditions

Citizenship through Naturalization

  • Have been a Green Card holder for at least 5 years (or 3 years if married to a U.S. citizen).

  • Have lived continuously in the U.S. during that time.

  • Demonstrate good moral character, basic English proficiency, and knowledge of U.S. history and government

  • Take the Oath of Allegiance to the United States.

Citizenship through Parents

  • Children under 18 automatically gain U.S. citizenship when their parents naturalize, under certain conditions

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