For most green card applications, you’ll need to pass:
- a background check, for which you may have to submit police reports from places where you’ve previously lived and answer questions about past convictions.
- a medical exam, during which you’ll be asked questions about your mental health, use of drugs and alcohol, and history of communicable diseases.
You’ll also have requirements based on the specific visa for which you’re applying. Let’s take a look at the requirements for family-based and employment-based green cards:
- Family-based green cards
The main requirement for a family-based green card is that you be closely related to a green card holder or permanent resident.
You’ll also need an affidavit of financial support from someone who’ll ensure you don’t fall into poverty after arriving in the United States. In most cases, your sponsoring relative will also be your financial sponsor, but if necessary a separate “joint sponsor” can pledge to support you. Either way, your financial sponsor must have a household income that’s at least 125% of the federal poverty guidelines.
If the sponsoring relative is a U.S. citizen and you are their spouse, widow/widower, unmarried child aged 21 or younger, or parent (if the U.S. citizen is aged 21 or older), then you can apply for a green card as an immediate relative. That’s a good thing! It means a green card will be available to you immediately, so you won’t have to wait in line.
If your sponsoring relative is a U.S. citizen and you aren’t one of the relations listed above, or if your sponsoring relative is a green card holder, you’ll apply as a “family preference” immigrant in one of the following categories:
First preference (F1): unmarried children (aged 21 or older) of U.S. citizens
Second preference (F2A): spouses and unmarried children (aged under 21) of green card holders
Second preference (F2B): unmarried children (aged 21 or older) of green card holders
Third preference (F3): married sons and daughters of U.S. citizens
Fourth preference (F4): siblings of U.S. citizens (if the U.S. citizen is aged 21 or older).
There’s no cap on visas for immediate relatives, but only a limited number of family preference green cards are issued each year, so you’ll have to wait for one to become available. Your preference category determines how long you’ll wait, ranging from a year or two for F1 applicants and up to a decade or longer for F4 applicants.
To minimize your wait time for a green card, it’s important to get the details right. For a flat rate, Boundless will help you fill out all your green card application forms, and connect you with an independent attorney who’ll review all your materials.
- Employment-based green cards
Employment-based green cards typically require that a specific U.S. employer sponsor you, or evidence that you possess extraordinary skills and training in your chosen field.
There are five categories for employment green cards:
First preference (EB-1): for people with extraordinary skills (shown through national or international acclaim); academic researchers; and executives with multinational companies.
Second preference (EB-2): for people with advanced degrees; exceptional abilities in the sciences, arts, or business; or whose admittance is in the national interest.
Third preference (EB-3): for skilled workers with at least 2 years of training or work experience; professionals (those whose job requires a US college bachelor’s degree or foreign equivalent); and unskilled workers (jobs that require less than 2 years of work experience).
Fourth preference (EB-4): for “special immigrants” such as religious workers, military translators, and the employees of international organizations
Fifth preference (EB-5): for investors who deploy at least $500,000 into job-creating ventures in the United States
To qualify for an employment-based green card, you’ll have to meet the criteria for the specific category under which you’re applying.
For EB-1 and EB-2 visas, you’ll have to properly document your skills, training, and any national or international recognition you’ve received. That’s a complicated process, so seek legal counsel if you think you might be eligible.
For EB-2, EB-3, and EB-4 green cards you’ll typically need an employer to sponsor your application. For EB-2 and EB-3 visas, you’ll also usually need labor certification showing that there are no American workers able to do the work for which you’re being hired. Your employer will normally handle that process, and provide any legal guidance you need.
For EB-5 green cards, there are complex rules governing the investments needed to qualify. Be sure to seek proper financial and legal advice if you want to take this path.
Remember, it’s also possible to live and work in the United States using a family-based or marriage green card, and you’ll often be able to begin working before your visa is finalized. Boundless can help you figure out if you’re eligible for a family green card, and can make the whole process quicker and easier.
