Permanent Residency (Green Card)
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
A green card (lawful permanent resident status) gives you the right to live and work permanently in the United States. There are three main pathways: family-based (sponsored by a U.S. citizen or permanent resident relative), employment-based (sponsored by an employer through the PERM labor certification process), and the Diversity Visa Lottery (50,000 green cards awarded annually by random selection to nationals of underrepresented countries).
Employment-based green cards have five preference categories (EB-1 through EB-5), each with different requirements and wait times. The process typically involves three steps: PERM labor certification (proving no qualified U.S. workers are available), Form I-140 (immigrant petition), and Form I-485 (adjustment of status) or consular processing. Per-country limits of 7% of the total annual allocation create significant backlogs for applicants from India and China.
When does it apply?
This applies when:
- You want to live and work permanently in the United States
- You have a qualifying family member who is a U.S. citizen or permanent resident
- Your employer is willing to sponsor you for a green card through the PERM process
- You qualify for the diversity visa lottery (your country of birth is eligible)
- You are an immigrant investor with $1,050,000 (or $800,000 in a Targeted Employment Area) to invest under the EB-5 program
Employment-based categories:
- EB-1: Priority workers — extraordinary ability (EB-1A), outstanding professors/researchers (EB-1B), multinational managers/executives (EB-1C). No PERM required. Current for most countries except India.
- EB-2: Professionals with advanced degrees or exceptional ability. PERM required (unless National Interest Waiver). Backlog for India: 10+ years. China: 3 to 5 years.
- EB-3: Skilled workers (2+ years experience), professionals (bachelor's degree), and other workers. PERM required. Backlog for India: 10+ years.
- EB-4: Special immigrants — religious workers, certain U.S. government employees, Special Immigrant Juveniles. Varies by subcategory.
- EB-5: Immigrant investors. Minimum investment of $1,050,000 ($800,000 in TEA). Must create 10 full-time jobs. Regional Center or Direct Investment. Processing time: 2 to 5+ years.
Key costs (employment-based):
- PERM labor certification: no government fee, but significant attorney and recruitment costs ($5,000 to $15,000)
- Form I-140 filing fee: $715
- Form I-485 filing fee: $1,440 (includes biometrics)
- Medical examination (Form I-693): $200 to $500 (varies by doctor)
- Premium processing for I-140: $2,805
What should you do?
Step 1: Determine your best pathway. If you have a close U.S. citizen family member, the family route may be faster. If your employer will sponsor you, start the PERM process. If your country is eligible, register for the diversity lottery at dvprogram.state.gov (registration is free and typically opens in October each year).
Step 2: For employment-based cases, your employer begins the PERM labor certification by conducting recruitment to test the U.S. labor market. This involves placing job advertisements, conducting interviews with U.S. workers, and filing ETA Form 9089 with the Department of Labor. PERM processing takes approximately 6 to 12 months.
Step 3: After PERM approval, your employer files Form I-140 (Immigrant Petition for Alien Workers) with USCIS. This establishes your priority date. Consider premium processing ($2,805) for a 15-business-day decision.
Step 4: When your priority date becomes current (check the monthly Visa Bulletin at travel.state.gov), file Form I-485 (adjustment of status) if you are in the U.S. File concurrently with Form I-765 (EAD) and Form I-131 (advance parole) to get work and travel authorization while the green card is pending.
Step 5: Complete the medical examination with a USCIS-designated civil surgeon and attend your biometrics appointment.
Step 6: Attend your adjustment of status interview at a USCIS field office (if required). Bring all original documents, including your passport, I-94, employment verification letter, and tax returns.
What should you NOT do?
Don't leave the U.S. without advance parole while your I-485 is pending. Departing without advance parole is generally considered abandonment of your application for most applicants (except those in H-1B or L-1 status).
Don't change jobs during the PERM or I-140 process unless you understand the consequences. If you leave your employer before the I-140 is approved, the entire process must start over with the new employer. After I-140 approval and 180 days of I-485 pending, you can port to a same-or-similar job under AC21 portability.
Don't ignore the per-country limits. The 7% per-country cap means that applicants born in India, China, Mexico, and the Philippines often face much longer waits than others in the same preference category. Plan accordingly and consider whether EB-1 or National Interest Waiver might be available to you.
Don't pay for the diversity visa lottery. Registration at dvprogram.state.gov is always free. Any website charging a fee for lottery registration is a scam. The Department of State will never ask for payment to enter the lottery.
Don't let your green card expire without renewal. Green cards are valid for 10 years (2 years for conditional residents). File Form I-90 to renew at least 6 months before expiration. Conditional residents must file Form I-751 to remove conditions within the 90-day window before the 2-year card expires.
Common Questions
When does permanent residency (green card) apply?
This applies when:You want to live and work permanently in the United StatesYou have a qualifying family member who is a U.S. citizen or permanent residentYour employer is willing to sponsor you for a green card through the PERM processYou qualify for the diversity visa lottery (your country of birth is eligible)You are an immigrant investor with $1,050,000 (or $800,000 in a Targeted Employment Area) to invest under the EB-5 programEmployment-based categories:EB-1: Priority workers — extraordinary ability (EB-1A), outstanding professors/researchers (EB-1B), multinational managers/executives (E...
What should I do about permanent residency (green card)?
Step 1: Determine your best pathway. If you have a close U.S. citizen family member, the family route may be faster. If your employer will sponsor you, start the PERM process. If your country is eligible, register for the diversity lottery at dvprogram.state.gov (registration is free and typically opens in October each year).Step 2: For employment-based cases, your employer begins the PERM labor certification by conducting recruitment to test the U.S. labor market. This involves placing job advertisements, conducting interviews with U.S. workers, and filing ETA Form 9089 with the Department of...
What mistakes should I avoid with permanent residency (green card)?
Don't leave the U.S. without advance parole while your I-485 is pending. Departing without advance parole is generally considered abandonment of your application for most applicants (except those in H-1B or L-1 status).Don't change jobs during the PERM or I-140 process unless you understand the consequences. If you leave your employer before the I-140 is approved, the entire process must start over with the new employer. After I-140 approval and 180 days of I-485 pending, you can port to a same-or-similar job under AC21 portability.Don't ignore the per-country limits. The 7% per-country cap me...
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