There is an array of eligibility categories to obtain a U.S. green card (lawful permanent residence or “LPR”). Family-based and employment-based are two of the most popular and straightforward, though there are programs in place for other individuals who fall into special categories.
Family-Based
This is for individuals who have close relatives who are U.S. citizens or LPRs. Spouses, unmarried children under 21 years of age, and parents of U.S. citizens over the age of 21 have a direct means of obtaining a family-based green card, meaning there is no cap on the number of visas available in this category. Married children, children over the age of 21, and siblings of U.S. citizens may need to wait for visa availability. Additionally, LPRs can petition for their spouses and children to get their green cards, but there may also be a wait.
Employment-Based
This is generally for individuals, called Immigrant Workers, who are sponsored by their employers. Grade-school teachers most often qualify for LPR through this means. There is a formal, multi-step process required for an employer to sponsor a foreign national employee. This process can take months, even years, and the sponsored employee may still need to wait to apply for their green card until a visa becomes available. An individual may also qualify as an Immigrant Investor or as a Physician. National Interest Waivers (“NIW”) are also available for certain professionals with advanced degrees or individuals with exceptional ability. The NIW allows the individual to waive certain requirements of the employment-based petition process if it is in the interest of the United States.
Other Ways
There are many other, though perhaps less popular, LPR eligibility categories. Some of these include: Diversity Visas, Asylum or Refugee Status, Special Immigrant Juveniles, T Visas for victims of human trafficking, and U Visas for victims of crime. Each of these eligibility categories have distinct processes and requirements for application and approval. Individuals pursuing LPR through any of these categories may need to find a specialized immigration attorney to assist with the process.
My office regularly assists individuals and school districts with the family- and employment-based LPR process. If you have questions, please feel free to contact me through the “Contact Us” link on my website or by emailing info@pdortegalaw.com.
Sources:
“Employment-Based Immigration: Second Preference EB-2.” USCIS, 7 Oct. 2024, www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2.
“Green Card Eligibility Categories.” USCIS, 11 July 2022, www.uscis.gov/green-card/green-card-eligibility-categories.
“Green Card through a Physician National Interest Waiver (NIW).” USCIS, 27 Dec. 2024, uscis.gov/green-card/green-card-eligibility/green-card-through-a-physician-national-interest-waiver-niw.
