Overview Of U.S. Green Cards

Information on the types of U.S. Lawful Permanent Resident (green card) applications our office provides services on.

Family-Based Green Cards

  • Close family members of U.S. citizens may obtain Lawful Permanent Residence (Green Card) based on the following Immediate Relative categories:

    • Spouse of a U.S. citizen

    • Unmarried children (under the age of 21) of a U.S. citizen

    • The parent of a U.S. citizen who is at least 21 years old

    • Individuals under TN visa status may obtain a Green Card based on the above

  • Other family members may obtain Lawful Permanent Residence (Green Card) under the Family Preference categories:

    • F1 - Unmarried Sons and Daughters of U.S. Citizens

    • F2A - Spouses and Children of Permanent Residents

    • F2B - Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

    • F3 - Married Sons and Daughters of U.S. Citizens

    • FB - Brothers and Sisters of Adult U.S. Citizens

    • Individuals under TN visa status may obtain a Green Card based on the above

    • Individuals who obtain lawful permanent resident status based on a marriage to a U.S. citizen that is less than twenty-four (24) months old receive their lawful permanent resident status on a conditional basis.

    • In order to remove this conditional basis, the green card holder and his/her U.S. citizen spouse must jointly file an I-751 petition requesting removal of the conditional basis.

Employment-Based Green Cards

    • Individuals generally require an employer to sponsor them for a Green Card

    • The process also usually requires the employer to test the labor market to ensure no qualified U.S. workers are available

    • One exception is under the EB-1A green card category for those who can prove they possess extraordinary ability in the sciences, arts, education, business, or athletics

  • Another employment-based Green Card category that does not require an employer sponsor or labor market test is the EB-2 NIW.

    To qualify for a National Interest Waiver, an individual must prove that:

    • Their proposed endeavor has both substantial merit and national importance.

    • They are well positioned to advance the proposed endeavor.

    • On balance, it would be beneficial to the United States to waive the requirements of a job offer, and labor market test.

    • Another Green Card category, while still requiring an employer sponsor, that does not require a labor market test is the Schedule A EB-2 or EB-3 category.

    • The Group I category is available for Physical Therapists and Professional Nurses.

    • The employer is required to pay a prevailing wage and provide notice of the application filing.