Lawful Permanent Residence

Both businesses and individuals can sponsor immigrants for permanent residence allowing non-U.S. citizens to live and work in the U.S. permanently (as long as they do not commit any actions that could trigger removal under immigration law).

Upon completion of all requirements for Permanent Residency, non-U.S. citizens are issued a Lawful Permanent Resident Card, also known as a "Green Card."

Green Card is an unofficial term for the Permanent Resident Card and is an identification card that verifies that the holder is allowed to live and work in the U.S. legally.

The most common ways to acquire Permanent Residency in the United States are through family member, employment in the U.S., refugee or asylum status, or being a victim of domestic abuse.

The less common ways non-U.S. citizens can acquire a green card is through investment, adoption, or being self-sponsored.

Immediate relatives

• U.S. citizen petitioning for a spouse
• U.S. citizen petitioning for an unmarried child, under the age of 21
• U.S. citizen over the age of 21 petitioning for their parents

Note that in this category, there is no cap on the number of immigrants admitted in the U.S. each year and violations such as overstaying a visa or working without authorization are disposable. Also note that there is a conditional green card acquired through marriage to a U.S. citizen during the first two years of marriage. This provision was created by the government to ensure the “bona fide” or legitimacy of the union and not for immigration purposes.

Preference Visa Categories

• First Preference: U.S. citizen petitioning for their unmarried adults children who are over the age of 21.
• Second Preference (2A): Legal permanent residents petitioning for their spouses or their unmarried children under the age of 21.
• Second Preference (2B): Legal permanent residents petitioning for their unmarried adult children who are over the age of 21.
• Third Preference: U.S. citizen petitioning for their married children of any age.
• Fourth Preference: U.S. citizen over the age of 21 petitioning for their brothers and sisters.

In this category, there is a cap imposed on the number of immigrants admitted in the U.S. each year. This number gets reduced for certain country such as India or Mexico whose citizens can wait 20 years or more for a visa to become available, depending on their relationship with the petitioner.

Green card through employment

To acquire green card through employment, a foreign citizen must fall within the five employment-based preferences:

• EB-1 (First Category): Reserved to non-U.S. citizens with extraordinary ability, outstanding professors or researchers, and multinational managers and executives. A Labor Certification, also known as the “PERM,” application with the Department of Labor (DOL) is not required for this category.
• EB-2 (Second Category): Reserved to non-U.S. citizens professionals holding an advanced degree or having exceptional ability in the arts, sciences, or business. A labor certification is required for this category unless applicant qualifies and obtains a National Interest Waiver (NIV).
• EB-3 (Third Category): Reserved to non-U.S. citizens professionals with at least a bachelor’s degree in their field of study, skilled workers with at least 2 years of experience, and other types of workers possessing less than 2 years of experience. A labor certification is always required for this category.
• EB-4 (Fourth Category): Reserved to non-U.S. citizens who are primarily religious workers or retired employees of international organizations. A labor certification is not required for this category.
• EB-5 (Fifth Category): Reserved to non-U.S. citizens who invest at least $900,000 and create jobs in the American industry. A labor certification is not required for this category.

Green card for individuals

EB-1

Employment category for individuals of extraordinary ability in the sciences, arts, education, business, or athletics by sustained national or international acclaim. No Labor Certification or PERM or employer’s petition is required.

VAWA

Victims of abuse with an approved VAWA may be eligible for a green card. No sponsor’s petition is required.