Understanding Green Cards

A Complete Guide to the Green Card Process and U.S. Permanent Residency

7 min read
Written by Ali Ramezanzadeh

Legal permanent residency, the right to work in the U.S., and freedom from the stress of visa renewals are the rewards of successfully navigating the Green Card process.

But getting a Green Card isn’t always simple. The process involves navigating the many application categories, eligibility requirements, and shifting timelines. This guide breaks down the different types of Green Cards, the application stages, and what to expect at each step, from eligibility to approval.

The Green Card: What Is It?

A Green Card, also known as a Permanent Resident Card, is a document that gives a person lawful permanent resident (LPR) status in the U.S. It’s issued by the United States Citizenship and Immigration Services (USCIS) and proves that the individual can legally live and work in the country.

Holding a Green Card also offers a pathway to naturalization, which lets someone not born as an American become a U.S. citizen. A person can apply for naturalization after having a Green Card and maintaining U.S. residency for five years or three years if married to an American citizen.

Unlike a temporary non-immigrant visa, like the H-1B or L-1, a Green Card does not expire at the end of a specified period of employment or academic program. Holders of a U.S. Green Card can change employers or move to a different state without prior authorization or having to register a new home address, granting them greater flexibility of living and working options.

Types of U.S. Green Cards

The USCIS has outlined eight eligibility categories for a U.S. permanent resident application. Here’s a brief overview of three common categories:

  1. Family-based Green Card: U.S. citizens can sponsor their relatives for a Green Card. Only immediate family members — such as spouses, unmarried children under 21, or parents — are eligible for permanent residency through family ties.
  2. Employment-based Green Card: Qualified individuals can apply for employment-based Green Cards if they meet USCIS’s criteria for education, skills, work experience, or professional achievement.
  3. Green Card for special immigrants: This Green Card pathway is available to individuals in designated roles, some of which serve humanitarian purposes. These include but are not limited to religious workers, employees of eligible international organizations, and special immigrant juveniles.

There are five other Green Card categories. These are less common and not necessarily related to economic contributions or work status:

  1. Green Card for human trafficking victims: Human trafficking or crime victims who currently hold a T or U visa may apply for a Green Card if they meet USCIS eligibility criteria.
  2. Green Card for victims of abuse: Individuals who have experienced abuse by a U.S. citizen or lawful permanent resident, whether as a spouse, parent or child, may be eligible to apply for a Green Card under this category.
  3. Green Card through registry: This option is available to longtime residents of the U.S. who have lived in the country since January 1st, 1972. 
  4. Green Card through refugee or asylee status: Individuals granted protected status — as a refugee or asylee — due to harm or fear of harm in their home country may apply for a Green Card. To qualify, the applicant must have lived in the U.S. for at least one year under that protected status.
  5. Green Card through other categories: Some individuals may be eligible for a Green Card through special laws or initiatives, like the Cuban Adjustment Act or the Diversity Immigrant Visa Program.

Employment-Based Green Cards: Process Overview

The exact process and requirements for each employment-based Green Card vary depending on the visa category. The broader steps are similar across EB-1, EB-2, and EB-3 processes, as they all include reviewing eligibility, gathering documents, and filing the necessary petitions. However, some categories — like the EB-2 and EB-3 — typically require additional steps, like running recruitments and completing a PERM certification with the Department of Labor.

Here’s a high-level overview of the application process for EB-1, EB-2, and EB-3 categories: 

  1. Review Green Card categories and select the one that fits your eligibility.
  2. Gather documents required to support eligibility.
  3. Check whether you need a prevailing wage determination, a formal recruitment process, and an approved PERM certification (EB-2 PERM and EB-3 PERM) — and complete them if required.
  4. Complete USCIS forms and, where possible, work with legal counsel to craft a well-organised submission that clearly explains how the evidence meets the legal criteria, also known as a legal brief.
  5. File a petition with USCIS.

Ellis has extensive experience supporting immigrant petitions for EB-1A Green Cards, EB-2 NIW Green Cards, EB-2 PERMs, and EB-3 PERMs.

How Long Does It Take to Get a Green Card?

Timelines to get a Green Card can stretch from under a year — for straightforward EB-1 cases with premium processing — to several years for EB-2 or EB-3 cases from high-backlog countries, like India or China.

The exact timeline depends on several factors, from the applicant’s country of birth (chargeable country) and visa category to priority date and USCIS backlogs.

Green Card category

Different visa categories have distinct process requirements, with EB-2 and EB-3 requiring a PERM certification. If your case involves additional steps, your wait time may be longer.

Priority dates

The Green Card application process typically starts with an I-140 petition. Your priority date — the date your I-140 petition is received by USCIS — acts as your place in line. To move forward with the process, you need to wait until that date becomes current on the monthly Visa Bulletin published by the U.S. Department of State. 

The Visa Bulletin lists two key charts: 

  • Dates for Filing: When priority date becomes current in Dates for Filing, the applicant can submit a Green Card application — to the National Visa Center (NVC) if outside the U.S. or to USCIS if in the U.S.
  • Final Action Dates: When priority date becomes current in Final Action Dates, it means a visa number is available for adjudication and USCIS is ready to issue a Green Card to the applicant.

The time between these two dates is a waiting period during which all the application paperwork is reviewed by the NVC and USCIS. During this time, applicants may be asked to provide additional documents, register biometrics, or attend a visa interview.

PERM delays

The processing time for a PERM certification may increase if the Department of Labor audits a case or if any recruitment steps require repeating. Any setback to a PERM certification delays the Green Card process for EB-2 and EB-3 visas.

I-140 processing speed

For employment-based Green Cards, processing times depend on whether your employer chooses premium or regular processing when sponsoring your visa. Premium processing reduces the waiting period for adjudication to 15 days for some classifications and 45 days for others.

Chargeability and backlogs

An applicant’s country of birth determines chargeability, meaning which country’s visa quota the application falls under. Some countries have more applications (India, China, Mexico and the Phillipines) so applicants from those countries may have to wait longer for their priority date to become current in the Visa Bulletin.

4 Tips to Get a Green Card Faster

Here are four tips that could reduce your Green Card application’s processing time, whether you’re petitioning for your employees or yourself:

  1. Use premium processing where available: While it doesn’t accelerate every stage, it significantly reduces the time USCIS takes to review your petition.
  2. Progressively move through visa categories: Applicants from countries with significant backlogs can use strategic category movement to shrink their overall Green Card timeline. This often involves starting with an EB-3 application and receiving approval, building upon your qualifications and “upgrading” to an EB-2 when eligible, and eventually pursuing an EB-1 once your profile meets the eligibility criteria. Each step requires meeting stricter qualification standards, so legal guidance is strongly recommended. Applicants who pursue this strategy are able to retain their original priority date from their first EB-3 filing — ensuring they don’t move to the back of the line each time they progress to a higher priority category.
  3. Plan proactively: Maintaining accurate documentation, staying informed about policy updates, and considering concurrent filing when eligible can all help reduce delays.
  4. Lean on expert support: Experienced immigration attorneys can help you navigate complex requirements and accelerate approval. They can evaluate your unique situation, recommend the most efficient way forward and build an approval-worthy petition very efficiently.

Scale Your Team With Fast, Flexible Immigration Solutions

Immigration shouldn’t be an obstacle to hiring top talent — Ellis provides fast, adaptable immigration strategies that help you stay compliant while accelerating your startup’s visa and Green Card processes.

Speak with an Ellis attorney today to simplify immigration and confidently expand your team with top international talent.

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