A United States green card grants immigrants permanent residency in the country, whether through sponsorship from family members or employers.

International relocation is already challenging, especially considering that the green card procedure differs for each path and processing times vary depending on individual circumstances.

To provide assistance, we’ve assembled this guide outlining the diverse terms and procedures essential for a successful green card application!

What does a Green Card entail?

A Green Card, also formally referred to as a permanent resident card, offers non-U.S. citizens permanent residency in the United States, allowing them legal residence and employment across the nation. Additionally, after maintaining this status for three to five years, they qualify to apply for U.S. citizenship.

Categories of Employment-Based Green Cards

Please be aware that the process steps for obtaining an employment-based green card must be initiated and facilitated by your employer; self-sponsorship is not permitted. As you may be aware, there are alternative methods for obtaining a green card, such as the green card lottery. However, this article concentrates on the categories and procedures of employment-based green cards.

“EB” signifies “employment-based,” with each subsequent number indicating the preference level of each category:

• EB-1 denotes the initial preference.
• EB-2 designates the secondary preference.
• EB-3 indicates the tertiary preference.

Additionally, there exist EB-4 and EB-5 classifications; however, these categories do not adhere to the preference system utilized by the initial three employment-based categories. These are the various employment categories through which one can obtain sponsorship for a green card.

Green Card Visa for EB-1 (Priority Workers)

EB-1 visas, falling under the first preference category, are designated for individuals with exceptional abilities, outstanding researchers or professors, or those demonstrating significant “sustained national or international acclaim,” such as Nobel Peace Prize laureates or executives/managers of foreign companies.

While only a select few meet these qualifications, if you are eligible under the EB-1 category, you are fortunate! Typically, individuals meeting EB-1 criteria experience the swiftest green card application process.

Green Card Visa for EB-2 (Advanced Degrees)

This classification is intended for individuals holding advanced degrees, demonstrating exceptional abilities in the fields of science, arts, or business, or those eligible for a National Interest Waiver.

Higher-level educational qualifications

Advanced degrees encompass U.S. master’s degrees or higher (or their foreign equivalents), or a U.S. bachelor’s degree coupled with an additional 5 years of specialized experience.

Exceptional talent or skill

Exceptional ability in the sciences, arts, or business refers to a level of expertise significantly surpassing the norm within these domains. This determination is based on several criteria, of which you must satisfy at least three.

These criteria include:

1. Official academic documentation demonstrating a degree or equivalent qualification from an educational institution relevant to your field of exceptional ability.
2. Letters verifying at least 10 years of full-time experience in your profession.
3. Licensing or certification in your profession or occupation.
4. Proof of receiving a salary or other compensation that indicates your exceptional ability.
5. Membership in professional associations.
6. Recognition for your accomplishments and significant contributions to your industry or field by peers, government bodies, professional organizations, or businesses.

Additionally, other comparable evidence of eligibility is acceptable.

Waiver for National Interest

A National Interest Waiver (NIW) is sought by individuals who petition for the PERM/Labor Certification (the initial stage of the green card process) to be waived due to being in the United States’ interest. While no specific criteria are outlined for an NIW, they are usually granted to individuals with exceptional abilities.

Green Card Visa for EB-3 (Skilled Workers, Professionals, or Other Workers)

Lastly, there’s the third preference category, designated for individuals with occupations that don’t fall under the first two categories. For each of these occupational groups, the work undertaken must be in fields where there’s a shortage of qualified workers in the United States.

• Skilled workers are required to show a minimum of 2 years of job experience or training.
• Professionals must hold a U.S. bachelor’s degree or its foreign equivalent.
• Other workers (unskilled laborers) must be capable of performing unskilled labor that isn’t temporary or seasonal in nature.

Green Card Visas for EB-4 and EB-5

Apart from the initial three employment-based preference categories, there exist two supplementary preference categories (EB-4 and EB-5).

• EB-4 visas are designated for “special immigrants,” including religious workers, broadcasters, certain physicians, employees of international organizations, and other specific groups as defined by law.
• EB-5 visas, on the other hand, are for immigrant investors who make a significant investment in a new commercial enterprise in the United States and create or preserve at least 10 full-time jobs for qualified U.S. workers. This program is commonly referred to as the Immigrant Investor Program.

Meeting the criteria for multiple categories

Generally, the lower the priority number (excluding EB-4 and EB-5), the easier it is anticipated to acquire your permanent residency. If you fulfill the criteria for both EB-2 and EB-3 visas, it’s wise to take into consideration the country where you’re applying when determining which category to pursue.

Applicants from heavily populated nations such as China or India might opt for an EB-2 visa over an EB-3 visa due to the shorter wait time. However, obtaining authorization for an EB-2 visa can pose greater challenges than securing approval for an EB-3 visa.

The process of obtaining a green card involves three steps.

Here are the fundamental three phases of applying for an employment-based green card (EB-2 and EB-3) in the United States:

• Phase 1: PERM/Labor certification phase
• Phase 2: I-140 immigration petition
• Phase 3: I-485 Application for Adjustment of Status

Each of these phases will be further elaborated below.

Now that you have determined your employment-based category, these are the concrete steps toward achieving your green card status. The process of obtaining your green card consists of three primary stages.

Phase 1: PERM/Labor Certification Phase

PERM, which stands for “Program for Electronic Review Management,” is the stage where your employer demonstrates that you (a foreign worker) are not displacing qualified US workers. This green card phase involves providing evidence, such as a newspaper advertisement, to show that the employer was unsuccessful in recruiting a qualified US worker for the position.

Phase 2: Filing the I-140 Immigration Petition

The I-140 Petition has two primary functions:

1. Validates that the job requirements outlined in the PERM application are met by the green card applicant.
2. Confirms that the employer has the financial capability to pay the offered wages to the employee.

It’s essential to understand that filing an I-140 petition incurs a $700 filing fee for standard processing or $1,225 for expedited premium processing.

The processing time for an I-140 petition by the USCIS varies depending on whether your employer opted for standard or premium processing. Standard processing typically takes 6 to 9 months, while premium processing guarantees a response within 15 days. Fortunately, most employers opt for premium processing at this stage.

Phase 3: Submitting the I-485 Application for Adjustment of Status

Once the PERM/Labor Certification and your I-140 petition have received approval from the USCIS, the final step is to complete the actual green card application!

Unfortunately, as there is a limited number of green cards available per category and per country, this phase often represents the lengthiest period for applicants. Some current applicants have been waiting for over 10 years for their I-485 applications to be processed by the USCIS.

However, once your I-485 application undergoes processing and is approved, you’re finished! You will receive a stamp on your passport and the eagerly awaited card granting you permanent residence in the United States.

2024 Employment-Based Green Card Processing Timelines

Annually, 140,000 employment visas are issued, distributed among five separate employment-based green card categories. The allocation of green cards operates on a first-come, first-served basis, and individuals cannot sponsor themselves; sponsorship must come from employers.

Here’s an overview of the processing durations for each category:

Green Card Type	Wait Time
EB-1	8 months (processing) + 6 months (visa issuance)
EB-2	18 months
EB-3	12 to 36 months
EB-4	A few months to 4 years (demand-based)
EB-5	29.5 to 61 months

Processing Duration of Employment-Based Visa Categories:

EB-1 Visa Processing Time:

The EB-1 visa, known as the Employment-Based Extraordinary Ability Green Card, targets immigrants with notable accomplishments in fields like arts, sciences, and business. To qualify, candidates must demonstrate extraordinary ability by meeting at least 3 out of 10 specified criteria outlined by the USCIS. Upon filing Form I-140, the processing time typically spans about 8 months, with an additional 6 months required for visa issuance.

EB-2 Visa Processing Time:

The EB-2 visa, categorized as a second-preference option, is intended for individuals with Advanced Degrees or Exceptional Abilities. Candidates must satisfy at least 3 out of specific criteria to showcase exceptional ability. Generally, the processing period for this visa extends to around 18 months, although this timeline may vary based on the applicant’s nationality.

EB-3 Visa Processing Time:

EB-3 visas are designated for skilled and professional workers, featuring a more relaxed requirement set compared to the EB-1 and EB-2 categories. With approximately 40,000 EB-3 visas available annually, processing times can vary between 12 to 36 months.

EB-4 Visa Processing Time:

The EB-4 visa is reserved for special foreign nationals. Each year, fewer than 10,000 EB-4 visas are issued. The processing timeline for this visa fluctuates based on application timing and annual demand, ranging from several months to up to 4 years.

EB-5 Visa Processing Time:

EB-5 visas, distinct from preference-based categorizations, were introduced in 1990 with the aim of bolstering the U.S. economy. Processing durations for this visa category vary widely, typically spanning between 29.5 to 61 months.

I-140 Processing Timelines

The typical processing duration for Form I-140 is approximately 6 months, although currently, it is averaging longer than one year, largely contingent on the service center. While most service centers provide estimates, it’s important to note that these are merely approximations.

Additionally, the USCIS provides a premium processing service for Form I-140, reducing the processing time to 15 calendar days. This expedited service incurs a fee of $1,225.

PERM Processing Time

The PERM processing duration usually varies from six to twelve months, contingent upon the priority date linked with each case. The U.S. Department of Labor (DOL) issues monthly reports regarding PERM application processing times.

Breakdown of PERM Processing Duration

If your employer handles all PERM-related tasks promptly, the timeline may resemble the following:

• Prevailing Wage Request: Processing time of 2 weeks
• Recruitment Period: 8.5 weeks (60 days)
• Application: 24 weeks (6 months)

In this optimal scenario, the entire PERM processing could be finalized in slightly over 34 weeks or nearly 9 months. However, it’s important to note that this represents the ideal situation, and various factors could prolong the process duration.

Explanation of PERM Processing Steps

To determine the duration of your specific PERM processing, it’s essential to comprehend the entire PERM application procedure. The PERM application consists of three stages:

1. Prevailing Wage Request
2. Recruitment
3. Application

Each of these stages will be elaborated upon below.

First Step in PERM Processing: Requesting Prevailing Wage

During this stage, your employer will submit a request for prevailing wage to establish your salary, taking into account the location of your job and the prevailing economic conditions.

The duration of processing for this stage may range from a few weeks to several months, contingent upon the volume of requests.

Step 2 in PERM Processing: Recruitment

In this phase, your employer is required to undergo a comprehensive recruitment process. This entails posting numerous job listings and advertisements and conducting interviews with any U.S. workers who apply.

This stage of the process will span a minimum of 60 days (30 days for the job listing to be active and an additional 30 days for applicants to respond). In practice, this stage is expected to extend beyond the initial 60 days, considering interviews and potential follow-up interviews.

Step 3 in PERM Processing: Submitting the Application

To finalize the PERM procedure, your employer needs to fill out and submit an ETA-9089 form.

Upon submission of the application online by your employer, a decision is usually communicated within 6 months if the application undergoes no audit, rendering this the fastest viable option.

As part of the procedure, the Department of Labor will dispatch a follow-up questionnaire to the employer subsequent to the application submission. Failure to complete this questionnaire within a week prompts the DOL to initiate phone call verification. The DOL will make three phone call attempts, and each missed call further delays the process.

Cost of Green Card

The expenses associated with acquiring a family-based green card include government filing fees as well as supplementary charges for services like medical examinations. Normally, if the applicant resides within the United States, the fee amounts to $1760. Conversely, for individuals residing outside the U.S., the fee reduces to $1200. It’s important to note that these figures do not encompass the costs of medical examinations, which vary depending on the healthcare provider.

Here’s a comprehensive breakdown of the fees:

Green Card Expenses Breakdown

Below, you will find a break down of the various costs, and potential costs, involved with getting a green card.

Government-mandated Fees:

Fee Description	Cost (For U.S. Residents)	Cost (For Non-U.S. Residents)
Family Sponsorship Form (I-130)	$535	$535
Green Card Application Form (I-485)	$1140	N/A
Financial Support Form (I-864)	No charge	$120
Work Permit Application Form (I-765) (optional)	No charge	N/A
Travel Permit Application Form (I-131) (optional)	No charge	N/A
Biometrics (Includes Fingerprints & Photo)	$85	No charge
State Department Processing	N/A	$325
USCIS Immigrant Fee	N/A	$220
Medical Examination	Varies*	Varies*
Total	$1760	$1200

Other Costs to Consider:

• Vaccination Expenses: If vaccination updates are necessary during the medical examination, additional costs may be incurred. These fees vary depending on the provider.
• Translation Charges: Non-English documents must be accompanied by certified translations. Translation costs can vary; for instance, the certified translation of a birth certificate may range between $20 and $40.
• Documentary Fees: Certain official documents, such as birth or marriage certificates, may have associated charges when obtained from government agencies.
• Photography Fees: For identity verification purposes, the government mandates two recent 2-inch-by-2-inch photos. Charges for this service may vary, and it is advisable to opt for professional services, often available at most drug stores at a reasonable price.
• Travel Expenses: The government does not reimburse for travel expenses related to biometrics appointments, interviews, medical examinations, or document procurement.
• Mailing Costs: Various stages of the application process may necessitate minor postage and shipping fees for documentation.

Warp Up

It’s worth noting that the duration of the green card process can vary significantly based on your eligibility category and the country from which you are applying. However, if you intend to establish your life in the United States, obtaining a green card is the optimal means to achieve permanent resident status.