Green Card

U.S. immigration laws look to the intention of the foreign national who desires to come to the U.S., distinguishing between “non-immigrant intent” and “immigrant intent”. Those individuals who desire to reside permanently in the U.S. will seek to obtain legal permanent resident (LPR) status, also known as a green card. Generally, the two major avenues to achieve this goal is through family sponsorship or employment. Other avenues are through diversity lottery or refugees/asylees. 

Family sponsorship: If the sponsoring relative is a U.S. Citizen, they can sponsor their parents, children, spouse, and siblings. However, Green Card holders (LPR) can only sponsor their spouse, minor children and unmarried children over 21. Once they become naturalized there are more opportunities available for sponsorship. 

There are five employment-based preferences for those seeking to obtain a green card through an employer: EB1, EB2, EB3, EB4, and EB5. The first preference, known as EB-1 category, consist of priority workers. The second preference, known as EB-2 category is for members holding advanced degrees or persons of exceptional ability. The third preference, known as EB-3 category is for skilled workers, professionals, and other workers. EB-4 is the fourth preference category for special immigrants, such as religious workers. While EB-5 is the fifth category for employment creation (investors) in a new commercial enterprise.

The diversity visa lottery, is just that, a lottery. 55,000 diversity visas are available each year. The Department of Homeland Security (DHS) determines by a complex formula based on persons from each foreign state who were provided with LPR status during the most recent 5-year period for which data is available. The applicant must be from a low admission state designated under the diversity program and have either 1) a high school diploma or its equivalent or 2) at least 2 years of work experience in an occupation requiring 2 years’ training/experience (the occupation must require an SVP of 7).