Category Archives: Green Card & Citizenship

Information to become a permanent resident, get a passport, vote and becoming a US citizen

Green Card Renewal Process

A permanent resident card is normally valid for ten years. On its expiry, you have to go through the Green Card renewal process by filing Form I-90, Application to Replace Permanent Resident Card with the USCIS. Though those renewing expired GreenCards will not be penalized, make sure you renew your card at the earliest without waiting for the card to expire. Form I-90 is also used when you want to change any biographic information on your GreenCard ( if your name has changed because of marriage, divorece, etc.) and also when you lose your card and need a replacement. You will also not lose your permanent resident status if you do not renew/replace your Green Card. Permanent resident status does not expire.

Though permanent resident status does not expire, per immigration laws, you should carry evidence of your status (a valid, unexpired Green Card or temporary passport stamp). If you do not renew your card, you might experience difficulties in getting employment, benefits and re-entry into the United States from abroad. Apply for your new GreenCard before you travel abroad and have with you on any trip the temporary documentation you received. If you try to re-enter the US with an expired Green Card, you might experience a delay during the inspection process at the port of entry,

Additionally, your employers will not accept an expired GreenCard while verifying employment authorization for new hires. You can use other documents that you will find on Form I-9 (Employment eligibility verification form) such as social security card and driver’s license or carry temporary evidence of status, such as an I-551 stamp or even the receipt notice that you received for your I-90, Application to Replace Permanent Resident Card.

A permanent resident is different from a conditional permanent resident. A conditional resident will be issued a card that is valid for two years only. A conditional card cannot be renewed and such card holders have to remove the conditions during the 90 day period before the card expires. You will lose your status if the conditions are not removed. You should file Form I-751 to remove the conditions. Once the application is approved and conditions removed, you will get a permanent resident card that will be valid for the next ten years.

After you send the completed application to the USCIS, you can expect an Application Receipt Notice with a 13-character Application Receipt number in it within 30 days of having filed the application. This notice acts as a proof that USCIS received your Green Card renewal application and that it is being processed. You can also check the status of your application with this receipt number. Subsequently, you also will be intimated about the dates for fingerprinting and your interview date with detailed instructions related to the supporting documents you need to carry.

The entire Green Card renewal process takes three months on an average.

Employment Based Green Cards (EB)

Some individuals coming to work in the U.S. may obtain an Employment-Based Green Card (also known as a permanent residency card). Most employment based green cards require a permanent employment offer for the intending immigrant. Each year up to 140,000 applicants are awarded a green card in employment-based categories. There are also per-country limits per category. With our ever expanding global population and mobile workforce, this has resulted in many backlogs.

Employment Based Green Cards are divided into 5 categories. EB-1, EB-4, and EB-5 are typically current (eligible petitions are adjudicated immediately) while the EB-2 category is current except for those aliens from India or China.

EB-3 consists has significant backlogs.

Current processing times can be found in the current visa bulletin at the Department of State website.

Priority Workers: EB-1

EB-1 is the most sought-after category because there is no backlog of cases and labor certification is not required. Only the top people in their field qualify for this category, and applications are intensely scrutinized. Individuals that qualify for this category are:

Aliens of extraordinary ability

Foreign nationals with extraordinary achievements in the Arts, Sciences, Education, Business, or Athletics. The acclaim may be demonstrated through sustained national or international recognition and the individual’s achievements have been recognized in the field.

No employer sponsorship is not required, but one must still seek to enter the U.S. to continue work in the area of extraordinary ability.

Outstanding professors and researchers who have at least 3 years’ experience in teaching or research in their field and received international recognition for their work.

A U.S. University or other research facility must sponsor the Green Card application for foreign national professors and researchers with outstanding abilities.

Executives or managers of multinational companies managing an organization or a major function or division of an organization.

The multinational company must sponsor the Green Card application for executives and managers.

The U.S. company must have been in existence for at least one year.

The foreign national must be coming to perform executive or managerial duties.

Immediate family members of EB-1 Green Card applicants

EB 2: Professionals with advanced degrees or persons with exceptional ability

28.6% of the 140,000 available employment based green cards are reserved for this category plus any visas not used up by EB-1 applicants. Petitions in this category must be accompanied by an approved labor certification or the foreign national may self-petition if the permanent position is in the national interest (National Interest Waiver).

Individuals that may qualify under the EB-2 category are:

  • Persons of exceptional ability in the sciences, arts, or business doing work in the national interest
  • Professionals with an advanced degree
  • A degree beyond a bachelor’s, typically a Master’s, Ph.D, or other doctorate degree.
  • A bachelor’s degree plus 5 years of progressive experience. The Department of Labor will not count experience from the petitioning employer.
  • Physicians in an underserved area of the U.S.

EB 3: Skilled, Professional, and Other Workers

28.6 % of the total visas are allocated to this category. Labor certification is required for all petitioners in this category unless they qualify under Schedule A as a shortage occupation. This category is subdivided into 3 subcategories:

  • Skilled workers
  • Positions requiring a minimum of 2 years of experience.
  • Professionals
  • The beneficiary must have a Bachelor’s degree or foreign equivalent, and the degree must be the normal requirement for that position.
  • Other workers
  • This category is open for positions requiring less than 2 years of experience.
  • Only 10,000 visas are available each year.
  • Long backlogs.

EB 4: Special Immigrants

This category is for Religious workers, government employees, and armed forces translators.

EB 5: “The million Dollar Green Card”

10,000 visas each year to investors in a new commercial enterprise. Purchasing an existing business may qualify. EB-5 petitioners must:

  • Invest a minimum of $500,000 if the investment is made in a “targeted employment area.” often through a Regional Center. The Regional Center approach has become very popular in recent years as it requires less involvement from the investor, and there are many attractive investment opportunities.
  • Otherwise a minimum investment of $1,000,000 is required.
  • Create full-time employment for 10 or more individuals.
  • Family members also obtain a green card
Guest Post Author

Jason Feldman
San Diego Immigration Lawyer.