Next Steps: Getting a Green Card

To embark on the journey towards a green card (permanent residency) in the United States, a foreign worker initially needs to establish eligibility. This typically involves having a sponsoring employer who is willing to offer them a permanent job and meeting the specific criteria for the green card category they intend to pursue. These criteria may include possessing the required skills, qualifications, and experience.In many cases, the sponsoring employer must obtain a Labor Certification, commonly known as PERM, from the U.S. Department of Labor (DOL). The PERM process entails demonstrating that there are no qualified U.S. workers available for the position. The employer often needs to engage in recruitment efforts to prove this.

Once the PERM is approved, the sponsoring employer can proceed to file an immigrant petition on behalf of the foreign worker with U.S. Citizenship and Immigration Services (USCIS). The specific form used for this purpose depends on the employment-based green card category under which the worker is applying. For example, Form I-140 is commonly used for most employment-based preference categories.Filing the immigrant petition initiates the establishment of a "priority date" for the foreign worker. This date plays a pivotal role in determining the worker's place in line for a green card, as certain categories have annual quotas or caps. Priority dates are closely monitored and published in the Visa Bulletin.Depending on the foreign worker's country of birth and the green card category they are applying for, they may need to wait for their priority date to become current in the Visa Bulletin. When the priority date is deemed "current," it indicates that a visa number is available for the applicant, allowing them to advance further in the green card application process.

At this stage, the foreign worker may choose between two primary paths to secure a green card: Adjustment of Status or Consular Processing. If the worker is already in the United States and meets the eligibility criteria, they can apply for Adjustment of Status (Form I-485) to transition to permanent residency without leaving the country. Conversely, if the worker is outside the U.S., they will need to undergo Consular Processing at a U.S. embassy or consulate in their home country.Applying for Adjustment of Status or attending a consular interview is a significant step in the process. In cases of Adjustment of Status, the foreign worker and, in some instances, their accompanying family members will attend an interview at a USCIS office. Biometrics, such as fingerprints and photographs, will be collected as part of the background check procedure.In certain instances, a conditional green card may be initially granted. For example, under the EB-5 investor visa program, investors may receive a conditional green card contingent on meeting specific investment or job creation requirements within a prescribed timeframe.

If a conditional green card is issued, the foreign worker will need to take steps to remove the conditions before obtaining a permanent green card. This typically involves filing a petition, such as Form I-829, to demonstrate that the investment or job creation criteria have been met satisfactorily.Once USCIS approves the application, and any required fees are paid, the foreign worker will receive their permanent green card. This official document signifies their successful transition to permanent residency status in the United States, granting them various rights and privileges, including the ability to live and work in the country indefinitely.It's essential to keep in mind that the green card application process can vary depending on factors such as the specific employment-based green card category, the policies of the sponsoring employer, and the individual's unique circumstances. Given the complexity of immigration law, it is highly advisable to seek guidance from an immigration attorney or accredited representative to navigate the process effectively and stay up-to-date with the latest immigration laws and regulations, as processing times and requirements may change over time.