Permanent residence enables a person to live and work in the United States for the rest of his/her life. Most people obtain green cards by being sponsored by their employers or their relatives. Other people obtain permanent residence through the green card lottery, through asylum and through various other means. Review the links on this page to learn how you can qualify to receive a green card even if you have no special job skills or relatives who are U.S. citizens or permanent residents.

EMPLOYMENT BASED 

PERM

Foreign labor certification programs permit U.S. employers to hire foreign workers on a temporary or permanent basis to fill jobs essential to the U.S. economy. Certification may be obtained in cases where it can be demonstrated that there are insufficient qualified U.S. workers available and willing to perform the work at wages that meet or exceed the prevailing wage paid for that occupation in the area of intended employment.

Foreign labor certification programs are designed to assure that the admission of foreign workers into the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages, and working conditions of U.S. workers. 

Employment based immigration is a complex process that may involve a number of government agencies within the Federal Department of Labor, the State Department of Labor, the U.S. Citizenship and Immigration Services (CIS) and the Department of State. The Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) regulates the admission of foreign workers into the United States. The INA designates the Attorney General and the Secretary of State as the principal administrators of its provisions.

INVESTMENT

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested -- or are actively in the process of investing -- the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, "eligible individuals" include those:

• Who establish a new commercial enterprise by:

  1. creating an original business;

  2. purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or 

  3. expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and
     

• Who have invested -- or who are actively in the process of investing -- in a new commercial enterprise:

  1. at least $1,000,000, or

  2. at least $500,000 where the investment is being made in a "targeted employment area," 

  3. which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

• Whose engagement in a new commercial enterprise will benefit the United States economy and:

  1. create full-time employment for not fewer than 10 qualified individuals; or

  2. maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

For a full description of the requirements, see 8 U.S.C. § 1153(b)(5) and 8 C.F.R. § 204.6.

• First, the USCIS must approve an immigrant visa petition for you. This petition is filed by your relative (sponsor) and must be accompanied by proof of your relationship to the requesting relative.

• Second, the Department of State must determine if an immigrant visa number is immediately available to you, the foreign national, even if you are already in the United States. When an immigrant visa number becomes immediately available to you, it means that you can apply to have one of the immigrant visa numbers assigned to you. You can check the status of a visa number in the Department of State's Visa Bulletin. 

• Third, if you are already in the United States, you may apply to change your status to that of a lawful permanent resident after a visa number becomes available for you. This is one way you can apply to secure an immigrant visa number. If you are outside the United States when an immigrant visa number becomes available for you, you must then go to the U.S. consulate servicing the area in which you reside to complete your processing. This is the other way in which you can apply to secure an immigrant visa number. 

GREENCARD LOTTERY 

Each year, the Diversity Lottery (DV) Program makes 55,000 immigrant visas available through a lottery to people who come from countries with low rates of immigration to the United States. Of such visas, 5,000 are allocated for use under NACARA beginning with DV '99. The State Department (DOS) holds the lottery every year, and randomly selects approximately 110,000 applicants from all qualified entries. The DOS selects the approximately 110,000 applications since many will not complete the visa process. However once 55,000 are issued or the fiscal year ends, the DV program is closed. If you receive a visa through the Diversity Visa Lottery Program you will be authorized to live and work permanently in the United States. You will also be allowed to bring your spouse and any unmarried children under the age of 21 to the United States.