A Green Card grants lawful permanent residence in the United States, allowing individuals to live and work in the country indefinitely. There are several ways to qualify, including investment, family sponsorship, employment, the Diversity Visa Lottery and asylum or refugee status. Eligibility requirements vary depending on the category under which an applicant applies.

The path to a US Green card is rarely straight-forward. The process itself can take anywhere from several months to many years, depending on factors such as the type of Green Card and your nationality.

To apply, you will need to meet strict criteria, and compile robust and comprehensive supporting documentation to evidence your eligibility. Applicants must also pass a background check, submit biometrics, and undergo a medical examination to ensure admissibility. Certain factors, such as criminal history, immigration violations or health-related concerns, can lead to ineligibility. Processing times vary, and delays or denials can occur due to missing documents or failure to meet eligibility criteria.

In this guide, we set out the key requirements to apply for a US Green Card. In most cases, applying for US permanent residence necessitates many years of planning. Speak to our US attorneys for guidance on your path a US Green Card.

 

Green Card Benefits

 

With a US green card, or ‘permanent residence card’, you are granted authorization to live and work in the US on a permanent basis. This is not the same as holding US citizenship, but it does mean you can remain in the US indefinitely and will not be subject to immigration control when entering the country,

Green cards are valid for ten years. In most cases, after 5 years with lawful permanent residence, you can apply to naturalize as a US citizen. This is reduced to 3 years if you are married to a US citizen. Alternatively, to maintain your permanent residence status, you will need to apply to renew your green card.

 

Employment-based green card requirements

 

Eligibility for an employment-based green card applies only where one of the following applies:

 

• Green card through a job offer: You can make an application where you have a formal and official offer to work in the United States.
• Green card through self-petition: Only available to exceptionally talented, distinguished individuals, or specific individuals who are granted a national interest waiver.
• Green card through investment: You are starting up an enterprise that will create jobs for US resident workers in the US.
• Special category green card: Available to workers in established special immigrant categories, including broadcasters, international employees and religious workers among others.

 

Your green card application will have to be submitted under one of the following categories:

 

EB-1 first preference

 

At least one of the following must apply:

 

• You have ‘extraordinary ability’ in science, the arts, education, athletics or business.
• You are an ‘outstanding’ researcher or professor.
• You are a multinational executive or manager who meets certain criteria.

 

This includes individuals with special abilities, distinguished academics, professors, researchers, and international executives.

 

EB-2 second preference

 

At least one of the following must apply:

 

• You are a member of a profession that requires you to hold an advanced degree.
• You have ‘exceptional ability’ in science, the arts or business.
• You seek a national interest waiver.

 

 

EB-3 third preference

 

At least one of the following must apply:

 

• You are a skilled worker. This means that your job requires a minimum of 2 years training or work experience.
• You are a professional. This means that your job requires at least a US bachelors degree or a foreign equivalent, and you are a member of the profession.
• You are an unskilled worker. This means that you will perform unskilled labour requiring less than 2 years training or experience. 

 

 

Fourth preference (EB-4)

 

The following special immigrants may be eligible for the fourth preference visa:

 

• Religious Workers
• Special Immigrant Juvenile
• Broadcasters
• G-4 International Organization or NATO-6 Employees and Their Family Members
• International Employees of the U.S. Government Abroad
• Armed Forces Members
• Panama Canal Zone Employees
• Certain Physicians
• Afghan and Iraqi Translators
• Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U.S. Operations

 

 

Fifth preference (EB-5)

 

Individuals who are eligible for the fifth preference visa include immigrant investors who are willing to invest between $500,000–$1,000,000 in a venture that creates at least ten new jobs for U.S. citizens or other lawful permanent residents.

 

Investment-based green card requirements

 

An investment-based Green Card allows foreign nationals to gain lawful permanent residence in the United States by making a qualifying financial investment in a US business. The primary pathway for this is the EB-5 Immigrant Investor Program, which grants permanent residency to investors who meet specific criteria related to capital investment, job creation, and business involvement.

 

Minimum Investment Amount

 

To qualify for an EB-5 Green Card, an investor must invest a minimum of $1,050,000 in a new commercial enterprise. If the investment is made in a Targeted Employment Area (TEA)—a rural area or a region with high unemployment—the required investment amount is reduced to $800,000.

The investment must be at risk, meaning it cannot be a loan or guaranteed return. The investor must show a clear path of lawful funds, providing documentation to prove the source of the investment capital. Funds can come from personal income, business earnings, gifts, inheritance, or secured loans against personal assets.

 

Job Creation Requirement

 

The investment must create or preserve at least 10 full-time jobs for qualifying US workers within two years of the investor receiving conditional permanent residence. These jobs must be direct if investing in a new business or indirect if the investment is made through a Regional Center designated by USCIS.

If investing through a Regional Center, the investor can count indirect and induced jobs as part of the job creation requirement, provided the economic impact model demonstrates compliance.

 

New Commercial Enterprise Requirement

 

The investor must put funds into a new commercial enterprise, which is defined as any for-profit business formed after November 29, 1990. If investing in a business established before that date, the investment must either expand the business by at least 40% in net worth or workforce or result in a substantial restructuring.

Eligible business structures include sole proprietorships, partnerships, corporations, joint ventures, and limited liability companies (LLCs). Investments in nonprofit organizations or purely speculative ventures do not qualify.

 

Active Management or Policy Role

 

The investor must be actively involved in managing the business or at least engaged in policy formation. A purely passive investment does not qualify unless it is structured through a Regional Center, where the investor has a limited managerial role but remains a participant in the economic activity.

 

Conditional Permanent Residency Requirement

 

Successful applicants initially receive a conditional Green Card valid for two years. To remove conditions and obtain permanent residency, the investor must file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within 90 days before the second anniversary of receiving conditional residency. The petition must demonstrate that the investment has been sustained and that the job creation requirement has been met.

 

Admissibility Requirements

 

Like other Green Card applicants, EB-5 investors must be admissible to the United States. Grounds for inadmissibility include criminal history, prior immigration violations, security risks, and certain health conditions. In some cases, waivers may be available for applicants who do not meet all admissibility criteria.

 

Regional Center vs. Direct Investment Options

 

Investors can choose between making a direct investment in a business they actively manage or investing through a Regional Center, which allows a more passive approach while still fulfilling the investment and job creation requirements. Regional Centers are pre-approved by USCIS and provide an option where investors’ capital contributes to larger projects that generate indirect job creation.

 

Sustaining the Investment

 

The capital must remain at risk for the entire two-year conditional residency period. If an investor withdraws funds or fails to meet job creation requirements before conditions are removed, the Green Card application can be denied.

 

Family-based green card requirements

 

A family-based Green Card allows foreign nationals to gain lawful permanent residence in the United States through sponsorship by a US citizen or a lawful permanent resident (LPR). To qualify, applicants must meet specific eligibility requirements, which vary based on the relationship to the sponsor and their current location.

 

Eligible Sponsor Requirements

 

The sponsor must be either a US citizen or a lawful permanent resident and must provide proof of their status. US citizens can petition for spouses, parents, children, and siblings, while lawful permanent residents can only petition for spouses and unmarried children. The sponsor must also maintain a US domicile, meaning they must live in the United States or provide evidence they plan to return before the Green Card is issued.

 

Qualifying Family Relationship

 

Eligibility depends on the relationship between the applicant and the sponsoring relative. Spouses, parents, and unmarried children under 21 of US citizens are classified as immediate relatives, meaning there are no annual visa limits for them. Other family members, including siblings, married children, and relatives of LPRs, fall under the family preference categories, which are subject to visa number availability and annual quotas.

 

Marriage Requirements for Spouses

 

If applying as a spouse, the marriage must be legally valid and recognized in the country where it took place. The couple must provide proof of a bona fide relationship, which may include joint financial documents, lease agreements, photographs, and communication records. If the marriage is less than two years old at the time of approval, the foreign spouse will receive conditional permanent residence, requiring them to apply for removal of conditions after two years.

 

Financial Support Requirements

 

The sponsoring relative must file Form I-864 (Affidavit of Support) to demonstrate the ability to financially support the applicant. The sponsor’s income must be at least 125% of the federal poverty guidelines, based on household size. If the sponsor does not meet the financial threshold, a joint sponsor can provide additional financial support.

 

Admissibility Criteria

 

The applicant must be admissible to the United States under US immigration law. Grounds for inadmissibility include criminal history, prior immigration violations, security concerns, and certain medical conditions. Some applicants may qualify for waivers of inadmissibility, depending on their circumstances.

 

Medical Examination and Vaccination Requirements

 

All applicants must complete a medical examination conducted by a USCIS-designated civil surgeon or a panel physician abroad. The examination ensures that the applicant does not have any communicable diseases that would make them inadmissible. The applicant must also show proof of required vaccinations, including those for measles, mumps, rubella, polio, and other preventable illnesses.

 

Proof of Legal Entry (For Applicants in the US)

 

If applying from within the United States, the applicant must have been inspected and admitted or paroled into the country. Those who entered unlawfully may not be eligible to adjust status unless they qualify under an exception or waiver.

 

Visa Availability for Family Preference Categories

 

Applicants in the family preference categories must wait for a visa number to become available before proceeding. The US Department of State’s Visa Bulletin provides monthly updates on visa availability based on the applicant’s priority date and country of origin.

 

Green Card Lottery

 

Under the Green Card Lottery program (also known as the diversity immigrant program), green cards are given to eligible applicants randomly selected through a lottery process.

To be eligible for the Green Card Lottery program, you must:

 

• Be a national of a country with a low rate of immigration to the United States
• Meet the education or work experience requirements – at least a high school education or two years of trade work experience.

 

To enter, you need to complete and send a form electronically through the US Department of State’s website during the registration period. There is no cost to enter.

 

 

Green Card Application Process

 

The process of applying for your green card will depend on the category you are applying under and where you are applying from. Applications made from within the US qualify are processed as an adjustment of status. Applications from outside the US are managed through consular processing.

For example, if you are outside the US and have received a job offer, your new employer (your ‘sponsor’) will complete form I-140 (Immigrant Petition for Alien Worker), or you would do this if you qualify to apply on a self-petitioning basis.

This petition must then be approved before form Form I-485 (Application to Register Permanent Residence, or Adjust Status) can be filed for the green card.

If your priority date is current, you may file the I-485 and I-140 concurrently.

The final stages will involve submitting your biometric information and attending the Green Card interview before you will be given a decision.

Read more here > 

 

Need assistance?

 

NNU Immigration’s specialist US immigration attorneys can help if you need support with a Green Card applications, including advice on eligibility and the application process.

If you have a specific question or require support with your application, please contact us.

 

 

Green Card Requirements FAQs

 

What are the basic requirements to apply for a Green Card?

Eligibility depends on the category under which you apply. Common paths include family sponsorship, employment, investment, the Diversity Visa Lottery, refugee or asylum status, and special immigrant categories. Each category has specific requirements related to sponsorship, financial support, admissibility, and background checks.

 

Can I apply for a Green Card without a sponsor?

Certain Green Card categories do not require a sponsor. These include the EB-1 extraordinary ability category, the EB-5 investor category, the Diversity Visa Lottery, and Green Cards granted through asylum or refugee status. Most family and employment-based Green Cards require a petitioner or employer to file on your behalf.

 

What financial requirements must be met for a family-based Green Card?

A sponsoring relative must file Form I-864 Affidavit of Support to prove they can financially support the applicant. The sponsor must meet at least 125 percent of the federal poverty guidelines based on household size. If the income requirement is not met, a joint sponsor can assist.

 

Are there any restrictions on who can apply for an investment-based Green Card?

Applicants for the EB-5 investor visa must invest at least $1,050,000 in a US business or $800,000 in a Targeted Employment Area. The investment must create at least 10 full-time jobs for US workers. The investor must also prove that the funds were obtained lawfully and that they play an active role in managing or directing the business.

 

What are the eligibility requirements for an employment-based Green Card?

Employment-based Green Cards require sponsorship by a US employer in most cases. The employer must file a petition on behalf of the applicant and in certain cases obtain a labor certification from the Department of Labor. Higher preference categories such as EB-1 for individuals with extraordinary ability or EB-2 with a National Interest Waiver allow applicants to self-petition.

 

Do I need a job offer to apply for a Green Card through employment?

Most employment-based Green Cards require a job offer from a US employer who will act as the petitioner. Exceptions include the EB-1 extraordinary ability category and EB-2 applicants applying under a National Interest Waiver, which allows individuals to self-petition.

 

What happens if my Green Card application is denied?

If your application is denied, you will receive a notice explaining the reason for the denial. Depending on the case, you may be able to file an appeal, request reconsideration, or submit a new application with additional evidence. Some applicants may need to apply for a waiver of inadmissibility if the denial was based on specific grounds such as unlawful presence or prior immigration violations.

 

Do I need a medical exam for a Green Card application?

A medical exam is required for most Green Card applicants. The exam must be conducted by a USCIS-approved civil surgeon in the US or a panel physician abroad. The results are submitted using Form I-693 Medical Examination and Vaccination Record.

 

How long does it take to get a Green Card?

Processing times vary depending on the Green Card category and individual circumstances. Family-based Green Cards for immediate relatives of US citizens typically take 12 to 18 months. Employment-based Green Cards may take several months to years depending on priority date availability. Preference-based family categories may take multiple years due to annual visa limits. Checking the US Department of State Visa Bulletin helps track processing times.

 

Can I apply for a Green Card if I am already in the US on a visa?

If you are in the US on a valid visa, you may be eligible to apply for a Green Card through adjustment of status. Eligibility depends on maintaining lawful status, having an approved immigrant petition, and meeting admissibility requirements. If you are not eligible for adjustment of status, you may need to leave the US and apply for a visa through consular processing.

 

Can I work while my Green Card application is pending?

If you are applying for a Green Card from within the US, you may be eligible for a work permit by filing Form I-765 Application for Employment Authorization along with your adjustment of status application. If approved, you can legally work while waiting for your Green Card decision.

 

Do Green Card applicants need to prove English proficiency?

Unlike naturalization applicants, Green Card applicants do not need to take an English test. However, they must provide documents in English or include certified translations. If applying through employment, some positions may require proof of language skills depending on the job.

 

 

Glossary

 

 

Term	Definition
Adjustment of Status	The process of applying for a Green Card from within the US without leaving the country.
Affidavit of Support (Form I-864)	A legal document in which a sponsor agrees to financially support a Green Card applicant.
Biometrics Appointment	A required appointment where applicants provide fingerprints, photographs, and signatures for background checks.
Conditional Permanent Residence	A two-year Green Card issued to spouses of US citizens if the marriage is less than two years old at the time of approval.
Consular Processing	The process of applying for an immigrant visa from outside the US through a US embassy or consulate.
Diversity Visa Lottery	A program that randomly selects applicants from countries with low immigration rates to the US, granting them a Green Card.
EB-1 Green Card	An employment-based Green Card for individuals with extraordinary ability, outstanding professors or researchers, and multinational executives.
EB-2 Green Card	An employment-based Green Card for professionals with advanced degrees or exceptional ability. Some applicants may qualify for a National Interest Waiver.
EB-3 Green Card	An employment-based Green Card for skilled workers, professionals, and some unskilled workers.
EB-5 Investor Visa	A Green Card category for investors who invest at least $1,050,000 (or $800,000 in a Targeted Employment Area) in a US business and create 10 full-time jobs.
Employment Authorization Document (EAD)	A work permit that allows certain applicants, including pending Green Card applicants, to work legally in the US.
Family Preference Category	A visa category for relatives of US citizens and lawful permanent residents that is subject to annual numerical limits.
F2A Visa	A Green Card category for spouses and unmarried children under 21 of lawful permanent residents.
Form I-130 (Petition for Alien Relative)	The form used by a US citizen or lawful permanent resident to petition for a qualifying family member.
Form I-485 (Application to Adjust Status)	The form used to apply for a Green Card from within the US.
Form I-693 (Medical Examination and Vaccination Record)	A required medical examination form completed by a USCIS-designated civil surgeon.
Form I-751 (Petition to Remove Conditions on Residence)	The form used by conditional Green Card holders to remove the conditions and obtain a 10-year permanent resident card.
Form I-765 (Application for Employment Authorization)	The form used to apply for a work permit while waiting for a Green Card decision.
Immediate Relative	A visa category for spouses, parents, and unmarried children under 21 of US citizens. These applicants do not face visa backlogs.
Inadmissibility	A legal barrier that prevents a person from receiving a Green Card due to factors such as criminal history, prior immigration violations, or medical issues.
Labor Certification (PERM)	A process required for most employment-based Green Cards that requires the employer to prove there are no qualified US workers for the position.
Lawful Permanent Resident (LPR)	A foreign national who has been granted a Green Card and has the right to live and work permanently in the US.
Medical Examination Requirement	A required health screening for Green Card applicants to check for communicable diseases and ensure vaccination compliance.
National Interest Waiver (NIW)	A waiver that allows EB-2 applicants to self-petition if their work benefits the US significantly.
National Visa Center (NVC)	The agency that processes immigrant visa applications before they are sent to a US embassy or consulate for final approval.
Petition Approval Notice	A document from USCIS confirming that an immigrant petition has been approved.
Priority Date	The date when a Green Card petition is filed, which determines when a visa becomes available for family and employment-based preference categories.
Public Charge Rule	A policy that evaluates whether an applicant is likely to become dependent on government assistance, which can affect Green Card eligibility.
Refugee or Asylee Green Card	A Green Card category for individuals granted asylum or refugee status who have lived in the US for at least one year.
Removal of Conditions	The process where conditional permanent residents apply for a 10-year Green Card after meeting the required conditions.
Sponsorship Requirement	The requirement that most Green Card applicants have a US sponsor, such as a family member or employer, who petitions on their behalf.
Targeted Employment Area (TEA)	A designated region with high unemployment or rural status where EB-5 investors can qualify for a reduced investment amount.
Temporary Protected Status (TPS)	A temporary immigration status for individuals from certain countries experiencing conflict, disaster, or unsafe conditions.
USCIS (US Citizenship and Immigration Services)	The agency responsible for processing immigration applications, including Green Cards.
Visa Bulletin	A monthly publication by the US Department of State that indicates visa availability for family and employment-based preference categories.
Visa Number Availability	The process where applicants in certain categories must wait for a visa number before proceeding with their Green Card application.